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1		AN ACT concerning persons with disabilities.
2		Be it enacted by the People of the State of Illinois,
3		represented in the General Assembly:
4		Section 1. Rule of construction. This Act shall be
5		construed to make amendments to provisions of State law to
6		substitute the term "persons with physical disabilities" for
7		"the physically handicapped" or "the physically disabled";
8		"persons with disabilities" for "the handicapped" or
9		"handicapped persons" or "handicapped individuals" or "the
10		disabled" or "disabled persons" or "disabled individuals";
11		"persons with developmental disabilities" for "the
12		developmentally disabled" or "developmentally disabled
13		persons" or "developmentally disabled individuals"; "permanent
14		disability" for "permanently disabled"; "total disability" for
15		"totally disabled"; "total and permanent disability" for
16		"totally and permanently disabled"; "temporary total
17		disability" for "temporarily totally disabled"; "permanent
18		total disability" for "permanently totally disabled"; and
19		"disabling condition", as appropriate, for "handicapping
20		condition" without any intent to change the substantive rights,
21		responsibilities, coverage, eligibility, or definitions
22		referred to in the amended provisions represented in this Act.
23		Section 5. The Statute on Statutes is amended by changing

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1		Sections 1.37 and 1.38 and by adding Sections 1.40, 1.41, and
2		1.42 as follows:
3		(5 ILCS 70/1.37)
4		Sec. 1.37. Intellectual disability. Except where the
5		context indicates otherwise, in any rule, contract, or other
6		document a reference to the term "mental retardation" shall be
7		considered a reference to the term "intellectual disability"
8		and a reference to a the term "mentally retarded person or a
9		similar reference " shall be considered a reference to a person
10		with an intellectual disability the term "intellectually
11		disabled". The use of either "mental retardation" or
12		"intellectually disabled", or "mentally retarded" or "person
13		with an intellectual disability intellectually disabled" shall
14		not invalidate any rule, contract, or other document.
15		(Source: P.A. 97-227, eff. 1-1-12.)
16		(5 ILCS 70/1.38)
17		Sec. 1.38. Physical disability. Except where the context
18		indicates otherwise, in any rule, contract, or other document a
19		reference to a the term "crippled person or a similar reference
20		" shall be considered a reference to a person with a physical
21		disability the term "physically disabled" and a reference to
22		the term "crippling" shall be considered a reference to the
23		term "physical disability" or "physically disabling", as
24		appropriate, when referring to a person. The use of either

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1		"crippled" or "physically disabled", or "crippling" or
2		"physical disability" shall not invalidate any rule, contract,
3		or other document.
4		(Source: P.A. 97-227, eff. 1-1-12.)
5		(5 ILCS 70/1.40 new)
6		Sec. 1.40. Persons with disabilities. Except where the
7		context indicates otherwise, in any rule, contract, or other
8		document a reference to the term "the physically handicapped"
9		or "the physically disabled" shall be considered a reference to
10		the term "persons with physical disabilities"; and a reference
11		to the term "the handicapped" or "handicapped persons" or
12		"handicapped individuals" or "the disabled" or "disabled
13		persons" or "disabled individuals" shall be considered a
14		reference to the term "persons with disabilities"; and a
15		reference to the term "handicapping condition" shall be
16		considered a reference to the term "disabling condition". The
17		use of either "the physically handicapped" or "the physically
18		disabled" or "persons with physical disabilities", or "the
19		handicapped" or "handicapped persons" or "handicapped
20		individuals" or "the disabled" or "disabled persons" or
21		"disabled individuals" or "persons with disabilities" or
22		"handicapping condition" or "disabling condition" shall not
23		invalidate any rule, contract, or other document.
24		(5 ILCS 70/1.41 new)

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1		Sec. 1.41. Permanent disability; total disability. Except
2		where the context indicates otherwise, in any rule, contract,
3		or other document a reference to a permanently disabled person
4		or a similar reference shall be considered a reference to a
5		person with a permanent disability; and a reference to a
6		totally disabled person or a similar reference shall be
7		considered a reference to a person with a total disability; and
8		a reference to a permanently and totally disabled person or a
9		similar reference shall be considered a reference to a person
10		with a permanent and total disability; and a reference to a
11		totally and permanently disabled person or a similar reference
12		shall be considered a reference to a person with a total and
13		permanent disability; and a reference to a permanently totally
14		disabled person or a similar reference shall be considered a
15		reference to a person with a permanent total disability; and a
16		reference to a temporarily totally disabled person or a similar
17		reference shall be considered a reference to a person with a
18		temporary total disability. The use of either "permanently
19		disabled" or "permanent disability" or "totally disabled" or
20		"total disability" or "permanently and totally disabled" or
21		"permanent and total disability" or "totally and permanently
22		disabled" or "total and permanent disability" or "permanently
23		totally disabled" or "permanent total disability" or
24		"temporarily totally disabled" or "temporary total disability"
25		shall not invalidate any rule, contract, or other document.

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1		(5 ILCS 70/1.42 new)
2		Sec. 1.42. Developmental disability. Except where the
3		context indicates otherwise, in any rule, contract, or other
4		document a reference to a developmentally disabled person or a
5		similar reference shall be considered a reference to a person
6		with a developmental disability and a reference to the
7		developmentally disabled or a similar reference shall be
8		considered a reference to persons with developmental
9		disabilities. The use of either "developmentally disabled" or
10		"developmental disability" or "the developmentally disabled"
11		or "persons with developmental disabilities" shall not
12		invalidate any rule, contract, or other document.
13		Section 10. The Illinois Administrative Procedure Act is
14		amended by changing Sections 5-45, 5-146, and 5-147 and by
15		adding Section 5-148 as follows:
16		(5 ILCS 100/5-45) (from Ch. 127, par. 1005-45)
17		Sec. 5-45. Emergency rulemaking.
18		(a) "Emergency" means the existence of any situation that
19		any agency finds reasonably constitutes a threat to the public
20		interest, safety, or welfare.
21		(b) If any agency finds that an emergency exists that
22		requires adoption of a rule upon fewer days than is required by
23		Section 5-40 and states in writing its reasons for that
24		finding, the agency may adopt an emergency rule without prior

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1		notice or hearing upon filing a notice of emergency rulemaking
2		with the Secretary of State under Section 5-70. The notice
3		shall include the text of the emergency rule and shall be
4		published in the Illinois Register. Consent orders or other
5		court orders adopting settlements negotiated by an agency may
6		be adopted under this Section. Subject to applicable
7		constitutional or statutory provisions, an emergency rule
8		becomes effective immediately upon filing under Section 5-65 or
9		at a stated date less than 10 days thereafter. The agency's
10		finding and a statement of the specific reasons for the finding
11		shall be filed with the rule. The agency shall take reasonable
12		and appropriate measures to make emergency rules known to the
13		persons who may be affected by them.
14		(c) An emergency rule may be effective for a period of not
15		longer than 150 days, but the agency's authority to adopt an
16		identical rule under Section 5-40 is not precluded. No
17		emergency rule may be adopted more than once in any 24 month
18		period, except that this limitation on the number of emergency
19		rules that may be adopted in a 24 month period does not apply
20		to (i) emergency rules that make additions to and deletions
21		from the Drug Manual under Section 5-5.16 of the Illinois
22		Public Aid Code or the generic drug formulary under Section
23		3.14 of the Illinois Food, Drug and Cosmetic Act, (ii)
24		emergency rules adopted by the Pollution Control Board before
25		July 1, 1997 to implement portions of the Livestock Management
26		Facilities Act, (iii) emergency rules adopted by the Illinois

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1		Department of Public Health under subsections (a) through (i)
2		of Section 2 of the Department of Public Health Act when
3		necessary to protect the public's health, (iv) emergency rules
4		adopted pursuant to subsection (n) of this Section, (v)
5		emergency rules adopted pursuant to subsection (o) of this
6		Section, or (vi) emergency rules adopted pursuant to subsection
7		(c-5) of this Section. Two or more emergency rules having
8		substantially the same purpose and effect shall be deemed to be
9		a single rule for purposes of this Section.
10		(c-5) To facilitate the maintenance of the program of group
11		health benefits provided to annuitants, survivors, and retired
12		employees under the State Employees Group Insurance Act of
13		1971, rules to alter the contributions to be paid by the State,
14		annuitants, survivors, retired employees, or any combination
15		of those entities, for that program of group health benefits,
16		shall be adopted as emergency rules. The adoption of those
17		rules shall be considered an emergency and necessary for the
18		public interest, safety, and welfare.
19		(d) In order to provide for the expeditious and timely
20		implementation of the State's fiscal year 1999 budget,
21		emergency rules to implement any provision of Public Act 90-587
22		or 90-588 or any other budget initiative for fiscal year 1999
23		may be adopted in accordance with this Section by the agency
24		charged with administering that provision or initiative,
25		except that the 24-month limitation on the adoption of
26		emergency rules and the provisions of Sections 5-115 and 5-125

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1		do not apply to rules adopted under this subsection (d). The
2		adoption of emergency rules authorized by this subsection (d)
3		shall be deemed to be necessary for the public interest,
4		safety, and welfare.
5		(e) In order to provide for the expeditious and timely
6		implementation of the State's fiscal year 2000 budget,
7		emergency rules to implement any provision of this amendatory
8		Act of the 91st General Assembly or any other budget initiative
9		for fiscal year 2000 may be adopted in accordance with this
10		Section by the agency charged with administering that provision
11		or initiative, except that the 24-month limitation on the
12		adoption of emergency rules and the provisions of Sections
13		5-115 and 5-125 do not apply to rules adopted under this
14		subsection (e). The adoption of emergency rules authorized by
15		this subsection (e) shall be deemed to be necessary for the
16		public interest, safety, and welfare.
17		(f) In order to provide for the expeditious and timely
18		implementation of the State's fiscal year 2001 budget,
19		emergency rules to implement any provision of this amendatory
20		Act of the 91st General Assembly or any other budget initiative
21		for fiscal year 2001 may be adopted in accordance with this
22		Section by the agency charged with administering that provision
23		or initiative, except that the 24-month limitation on the
24		adoption of emergency rules and the provisions of Sections
25		5-115 and 5-125 do not apply to rules adopted under this
26		subsection (f). The adoption of emergency rules authorized by

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1		this subsection (f) shall be deemed to be necessary for the
2		public interest, safety, and welfare.
3		(g) In order to provide for the expeditious and timely
4		implementation of the State's fiscal year 2002 budget,
5		emergency rules to implement any provision of this amendatory
6		Act of the 92nd General Assembly or any other budget initiative
7		for fiscal year 2002 may be adopted in accordance with this
8		Section by the agency charged with administering that provision
9		or initiative, except that the 24-month limitation on the
10		adoption of emergency rules and the provisions of Sections
11		5-115 and 5-125 do not apply to rules adopted under this
12		subsection (g). The adoption of emergency rules authorized by
13		this subsection (g) shall be deemed to be necessary for the
14		public interest, safety, and welfare.
15		(h) In order to provide for the expeditious and timely
16		implementation of the State's fiscal year 2003 budget,
17		emergency rules to implement any provision of this amendatory
18		Act of the 92nd General Assembly or any other budget initiative
19		for fiscal year 2003 may be adopted in accordance with this
20		Section by the agency charged with administering that provision
21		or initiative, except that the 24-month limitation on the
22		adoption of emergency rules and the provisions of Sections
23		5-115 and 5-125 do not apply to rules adopted under this
24		subsection (h). The adoption of emergency rules authorized by
25		this subsection (h) shall be deemed to be necessary for the
26		public interest, safety, and welfare.

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1		(i) In order to provide for the expeditious and timely
2		implementation of the State's fiscal year 2004 budget,
3		emergency rules to implement any provision of this amendatory
4		Act of the 93rd General Assembly or any other budget initiative
5		for fiscal year 2004 may be adopted in accordance with this
6		Section by the agency charged with administering that provision
7		or initiative, except that the 24-month limitation on the
8		adoption of emergency rules and the provisions of Sections
9		5-115 and 5-125 do not apply to rules adopted under this
10		subsection (i). The adoption of emergency rules authorized by
11		this subsection (i) shall be deemed to be necessary for the
12		public interest, safety, and welfare.
13		(j) In order to provide for the expeditious and timely
14		implementation of the provisions of the State's fiscal year
15		2005 budget as provided under the Fiscal Year 2005 Budget
16		Implementation (Human Services) Act, emergency rules to
17		implement any provision of the Fiscal Year 2005 Budget
18		Implementation (Human Services) Act may be adopted in
19		accordance with this Section by the agency charged with
20		administering that provision, except that the 24-month
21		limitation on the adoption of emergency rules and the
22		provisions of Sections 5-115 and 5-125 do not apply to rules
23		adopted under this subsection (j). The Department of Public Aid
24		may also adopt rules under this subsection (j) necessary to
25		administer the Illinois Public Aid Code and the Children's
26		Health Insurance Program Act. The adoption of emergency rules

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1		authorized by this subsection (j) shall be deemed to be
2		necessary for the public interest, safety, and welfare.
3		(k) In order to provide for the expeditious and timely
4		implementation of the provisions of the State's fiscal year
5		2006 budget, emergency rules to implement any provision of this
6		amendatory Act of the 94th General Assembly or any other budget
7		initiative for fiscal year 2006 may be adopted in accordance
8		with this Section by the agency charged with administering that
9		provision or initiative, except that the 24-month limitation on
10		the adoption of emergency rules and the provisions of Sections
11		5-115 and 5-125 do not apply to rules adopted under this
12		subsection (k). The Department of Healthcare and Family
13		Services may also adopt rules under this subsection (k)
14		necessary to administer the Illinois Public Aid Code, the
15		Senior Citizens and Persons with Disabilities Disabled Persons
16		Property Tax Relief Act, the Senior Citizens and Disabled
17		Persons Prescription Drug Discount Program Act (now the
18		Illinois Prescription Drug Discount Program Act), and the
19		Children's Health Insurance Program Act. The adoption of
20		emergency rules authorized by this subsection (k) shall be
21		deemed to be necessary for the public interest, safety, and
22		welfare.
23		(l) In order to provide for the expeditious and timely
24		implementation of the provisions of the State's fiscal year
25		2007 budget, the Department of Healthcare and Family Services
26		may adopt emergency rules during fiscal year 2007, including

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1		rules effective July 1, 2007, in accordance with this
2		subsection to the extent necessary to administer the
3		Department's responsibilities with respect to amendments to
4		the State plans and Illinois waivers approved by the federal
5		Centers for Medicare and Medicaid Services necessitated by the
6		requirements of Title XIX and Title XXI of the federal Social
7		Security Act. The adoption of emergency rules authorized by
8		this subsection (l) shall be deemed to be necessary for the
9		public interest, safety, and welfare.
10		(m) In order to provide for the expeditious and timely
11		implementation of the provisions of the State's fiscal year
12		2008 budget, the Department of Healthcare and Family Services
13		may adopt emergency rules during fiscal year 2008, including
14		rules effective July 1, 2008, in accordance with this
15		subsection to the extent necessary to administer the
16		Department's responsibilities with respect to amendments to
17		the State plans and Illinois waivers approved by the federal
18		Centers for Medicare and Medicaid Services necessitated by the
19		requirements of Title XIX and Title XXI of the federal Social
20		Security Act. The adoption of emergency rules authorized by
21		this subsection (m) shall be deemed to be necessary for the
22		public interest, safety, and welfare.
23		(n) In order to provide for the expeditious and timely
24		implementation of the provisions of the State's fiscal year
25		2010 budget, emergency rules to implement any provision of this
26		amendatory Act of the 96th General Assembly or any other budget

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1		initiative authorized by the 96th General Assembly for fiscal
2		year 2010 may be adopted in accordance with this Section by the
3		agency charged with administering that provision or
4		initiative. The adoption of emergency rules authorized by this
5		subsection (n) shall be deemed to be necessary for the public
6		interest, safety, and welfare. The rulemaking authority
7		granted in this subsection (n) shall apply only to rules
8		promulgated during Fiscal Year 2010.
9		(o) In order to provide for the expeditious and timely
10		implementation of the provisions of the State's fiscal year
11		2011 budget, emergency rules to implement any provision of this
12		amendatory Act of the 96th General Assembly or any other budget
13		initiative authorized by the 96th General Assembly for fiscal
14		year 2011 may be adopted in accordance with this Section by the
15		agency charged with administering that provision or
16		initiative. The adoption of emergency rules authorized by this
17		subsection (o) is deemed to be necessary for the public
18		interest, safety, and welfare. The rulemaking authority
19		granted in this subsection (o) applies only to rules
20		promulgated on or after the effective date of this amendatory
21		Act of the 96th General Assembly through June 30, 2011.
22		(p) In order to provide for the expeditious and timely
23		implementation of the provisions of Public Act 97-689,
24		emergency rules to implement any provision of Public Act 97-689
25		may be adopted in accordance with this subsection (p) by the
26		agency charged with administering that provision or

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1		initiative. The 150-day limitation of the effective period of
2		emergency rules does not apply to rules adopted under this
3		subsection (p), and the effective period may continue through
4		June 30, 2013. The 24-month limitation on the adoption of
5		emergency rules does not apply to rules adopted under this
6		subsection (p). The adoption of emergency rules authorized by
7		this subsection (p) is deemed to be necessary for the public
8		interest, safety, and welfare.
9		(q) In order to provide for the expeditious and timely
10		implementation of the provisions of Articles 7, 8, 9, 11, and
11		12 of this amendatory Act of the 98th General Assembly,
12		emergency rules to implement any provision of Articles 7, 8, 9,
13		11, and 12 of this amendatory Act of the 98th General Assembly
14		may be adopted in accordance with this subsection (q) by the
15		agency charged with administering that provision or
16		initiative. The 24-month limitation on the adoption of
17		emergency rules does not apply to rules adopted under this
18		subsection (q). The adoption of emergency rules authorized by
19		this subsection (q) is deemed to be necessary for the public
20		interest, safety, and welfare.
21		(r) In order to provide for the expeditious and timely
22		implementation of the provisions of this amendatory Act of the
23		98th General Assembly, emergency rules to implement this
24		amendatory Act of the 98th General Assembly may be adopted in
25		accordance with this subsection (r) by the Department of
26		Healthcare and Family Services. The 24-month limitation on the

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1		adoption of emergency rules does not apply to rules adopted
2		under this subsection (r). The adoption of emergency rules
3		authorized by this subsection (r) is deemed to be necessary for
4		the public interest, safety, and welfare.
5		(Source: P.A. 97-689, eff. 6-14-12; 97-695, eff. 7-1-12;
6		98-104, eff. 7-22-13; 98-463, eff. 8-16-13; 98-651, eff.
7		6-16-14.)
8		(5 ILCS 100/5-146)
9		Sec. 5-146. Rule change; intellectual disability. Any
10		State agency with a rule that contains a reference to a the
11		term "mentally retarded person or similar reference shall amend
12		the text of the rule to contain a reference to a person with an
13		intellectual disability. Any State agency with a rule that
14		contains the term " or "mental retardation" shall amend the
15		text of the rule to substitute the term "intellectually
16		disabled" for "mentally retarded" and "intellectual
17		disability" for "mental retardation", and shall make any other
18		changes that may be necessary to conform to the changes made by
19		this amendatory Act of the 97th General Assembly.
20		(Source: P.A. 97-227, eff. 1-1-12.)
21		(5 ILCS 100/5-147)
22		Sec. 5-147. Rule change; physical disability. Any State
23		agency with a rule that contains a reference to a the term
24		"crippled person or similar reference shall amend the text of

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1		the rule to contain a reference to a person with a physical
2		disability. Any State agency with a rule that contains the term
3		" or "crippling" to refer to a person with a physical
4		disability shall amend the text of the rule to substitute the
5		term "physically disabled" for "crippled" and "physical
6		disability" or "physically disabling", as appropriate, for
7		"crippling", and shall make any other changes that may be
8		necessary to conform to the changes made by this amendatory Act
9		of the 97th General Assembly.
10		(Source: P.A. 97-227, eff. 1-1-12.)
11		(5 ILCS 100/5-148 new)
12		Sec. 5-148. Rule change; persons with a disability. Any
13		State agency with a rule that contains the term "the physically
14		handicapped" or "the handicapped" or "handicapped persons" or
15		"handicapped individuals" or "handicapping condition" shall
16		amend the text of the rule to substitute the term "persons with
17		physical disabilities" for "the physically handicapped" and
18		"persons with disabilities" for "the handicapped" or
19		"handicapped persons" or "handicapped individuals" and
20		"disabling condition", as appropriate, for "handicapping
21		condition", and shall make any other changes that may be
22		necessary to conform to the changes made by this amendatory Act
23		of the 99th General Assembly.
24		Section 15. The Illinois Public Labor Relations Act is

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1		amended by changing Section 3 as follows:
2		(5 ILCS 315/3) (from Ch. 48, par. 1603)
3		Sec. 3. Definitions. As used in this Act, unless the
4		context otherwise requires:
5		(a) "Board" means the Illinois Labor Relations Board or,
6		with respect to a matter over which the jurisdiction of the
7		Board is assigned to the State Panel or the Local Panel under
8		Section 5, the panel having jurisdiction over the matter.
9		(b) "Collective bargaining" means bargaining over terms
10		and conditions of employment, including hours, wages, and other
11		conditions of employment, as detailed in Section 7 and which
12		are not excluded by Section 4.
13		(c) "Confidential employee" means an employee who, in the
14		regular course of his or her duties, assists and acts in a
15		confidential capacity to persons who formulate, determine, and
16		effectuate management policies with regard to labor relations
17		or who, in the regular course of his or her duties, has
18		authorized access to information relating to the effectuation
19		or review of the employer's collective bargaining policies.
20		(d) "Craft employees" means skilled journeymen, crafts
21		persons, and their apprentices and helpers.
22		(e) "Essential services employees" means those public
23		employees performing functions so essential that the
24		interruption or termination of the function will constitute a
25		clear and present danger to the health and safety of the

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1		persons in the affected community.
2		(f) "Exclusive representative", except with respect to
3		non-State fire fighters and paramedics employed by fire
4		departments and fire protection districts, non-State peace
5		officers, and peace officers in the Department of State Police,
6		means the labor organization that has been (i) designated by
7		the Board as the representative of a majority of public
8		employees in an appropriate bargaining unit in accordance with
9		the procedures contained in this Act, (ii) historically
10		recognized by the State of Illinois or any political
11		subdivision of the State before July 1, 1984 (the effective
12		date of this Act) as the exclusive representative of the
13		employees in an appropriate bargaining unit, (iii) after July
14		1, 1984 (the effective date of this Act) recognized by an
15		employer upon evidence, acceptable to the Board, that the labor
16		organization has been designated as the exclusive
17		representative by a majority of the employees in an appropriate
18		bargaining unit; (iv) recognized as the exclusive
19		representative of personal assistants under Executive Order
20		2003-8 prior to the effective date of this amendatory Act of
21		the 93rd General Assembly, and the organization shall be
22		considered to be the exclusive representative of the personal
23		assistants as defined in this Section; or (v) recognized as the
24		exclusive representative of child and day care home providers,
25		including licensed and license exempt providers, pursuant to an
26		election held under Executive Order 2005-1 prior to the

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1		effective date of this amendatory Act of the 94th General
2		Assembly, and the organization shall be considered to be the
3		exclusive representative of the child and day care home
4		providers as defined in this Section.
5		With respect to non-State fire fighters and paramedics
6		employed by fire departments and fire protection districts,
7		non-State peace officers, and peace officers in the Department
8		of State Police, "exclusive representative" means the labor
9		organization that has been (i) designated by the Board as the
10		representative of a majority of peace officers or fire fighters
11		in an appropriate bargaining unit in accordance with the
12		procedures contained in this Act, (ii) historically recognized
13		by the State of Illinois or any political subdivision of the
14		State before January 1, 1986 (the effective date of this
15		amendatory Act of 1985) as the exclusive representative by a
16		majority of the peace officers or fire fighters in an
17		appropriate bargaining unit, or (iii) after January 1, 1986
18		(the effective date of this amendatory Act of 1985) recognized
19		by an employer upon evidence, acceptable to the Board, that the
20		labor organization has been designated as the exclusive
21		representative by a majority of the peace officers or fire
22		fighters in an appropriate bargaining unit.
23		Where a historical pattern of representation exists for the
24		workers of a water system that was owned by a public utility,
25		as defined in Section 3-105 of the Public Utilities Act, prior
26		to becoming certified employees of a municipality or

HB4049 Engrossed - 20 - LRB099 03667 KTG 23678 b
1		municipalities once the municipality or municipalities have
2		acquired the water system as authorized in Section 11-124-5 of
3		the Illinois Municipal Code, the Board shall find the labor
4		organization that has historically represented the workers to
5		be the exclusive representative under this Act, and shall find
6		the unit represented by the exclusive representative to be the
7		appropriate unit.
8		(g) "Fair share agreement" means an agreement between the
9		employer and an employee organization under which all or any of
10		the employees in a collective bargaining unit are required to
11		pay their proportionate share of the costs of the collective
12		bargaining process, contract administration, and pursuing
13		matters affecting wages, hours, and other conditions of
14		employment, but not to exceed the amount of dues uniformly
15		required of members. The amount certified by the exclusive
16		representative shall not include any fees for contributions
17		related to the election or support of any candidate for
18		political office. Nothing in this subsection (g) shall preclude
19		an employee from making voluntary political contributions in
20		conjunction with his or her fair share payment.
21		(g-1) "Fire fighter" means, for the purposes of this Act
22		only, any person who has been or is hereafter appointed to a
23		fire department or fire protection district or employed by a
24		state university and sworn or commissioned to perform fire
25		fighter duties or paramedic duties, except that the following
26		persons are not included: part-time fire fighters, auxiliary,

HB4049 Engrossed - 21 - LRB099 03667 KTG 23678 b
1		reserve or voluntary fire fighters, including paid on-call fire
2		fighters, clerks and dispatchers or other civilian employees of
3		a fire department or fire protection district who are not
4		routinely expected to perform fire fighter duties, or elected
5		officials.
6		(g-2) "General Assembly of the State of Illinois" means the
7		legislative branch of the government of the State of Illinois,
8		as provided for under Article IV of the Constitution of the
9		State of Illinois, and includes but is not limited to the House
10		of Representatives, the Senate, the Speaker of the House of
11		Representatives, the Minority Leader of the House of
12		Representatives, the President of the Senate, the Minority
13		Leader of the Senate, the Joint Committee on Legislative
14		Support Services and any legislative support services agency
15		listed in the Legislative Commission Reorganization Act of
16		1984.
17		(h) "Governing body" means, in the case of the State, the
18		State Panel of the Illinois Labor Relations Board, the Director
19		of the Department of Central Management Services, and the
20		Director of the Department of Labor; the county board in the
21		case of a county; the corporate authorities in the case of a
22		municipality; and the appropriate body authorized to provide
23		for expenditures of its funds in the case of any other unit of
24		government.
25		(i) "Labor organization" means any organization in which
26		public employees participate and that exists for the purpose,

HB4049 Engrossed - 22 - LRB099 03667 KTG 23678 b
1		in whole or in part, of dealing with a public employer
2		concerning wages, hours, and other terms and conditions of
3		employment, including the settlement of grievances.
4		(i-5) "Legislative liaison" means a person who is an
5		employee of a State agency, the Attorney General, the Secretary
6		of State, the Comptroller, or the Treasurer, as the case may
7		be, and whose job duties require the person to regularly
8		communicate in the course of his or her employment with any
9		official or staff of the General Assembly of the State of
10		Illinois for the purpose of influencing any legislative action.
11		(j) "Managerial employee" means an individual who is
12		engaged predominantly in executive and management functions
13		and is charged with the responsibility of directing the
14		effectuation of management policies and practices. With
15		respect only to State employees in positions under the
16		jurisdiction of the Attorney General, Secretary of State,
17		Comptroller, or Treasurer (i) that were certified in a
18		bargaining unit on or after December 2, 2008, (ii) for which a
19		petition is filed with the Illinois Public Labor Relations
20		Board on or after April 5, 2013 (the effective date of Public
21		Act 97-1172), or (iii) for which a petition is pending before
22		the Illinois Public Labor Relations Board on that date,
23		"managerial employee" means an individual who is engaged in
24		executive and management functions or who is charged with the
25		effectuation of management policies and practices or who
26		represents management interests by taking or recommending

HB4049 Engrossed - 23 - LRB099 03667 KTG 23678 b
1		discretionary actions that effectively control or implement
2		policy. Nothing in this definition prohibits an individual from
3		also meeting the definition of "supervisor" under subsection
4		(r) of this Section.
5		(k) "Peace officer" means, for the purposes of this Act
6		only, any persons who have been or are hereafter appointed to a
7		police force, department, or agency and sworn or commissioned
8		to perform police duties, except that the following persons are
9		not included: part-time police officers, special police
10		officers, auxiliary police as defined by Section 3.1-30-20 of
11		the Illinois Municipal Code, night watchmen, "merchant
12		police", court security officers as defined by Section 3-6012.1
13		of the Counties Code, temporary employees, traffic guards or
14		wardens, civilian parking meter and parking facilities
15		personnel or other individuals specially appointed to aid or
16		direct traffic at or near schools or public functions or to aid
17		in civil defense or disaster, parking enforcement employees who
18		are not commissioned as peace officers and who are not armed
19		and who are not routinely expected to effect arrests, parking
20		lot attendants, clerks and dispatchers or other civilian
21		employees of a police department who are not routinely expected
22		to effect arrests, or elected officials.
23		(l) "Person" includes one or more individuals, labor
24		organizations, public employees, associations, corporations,
25		legal representatives, trustees, trustees in bankruptcy,
26		receivers, or the State of Illinois or any political

HB4049 Engrossed - 24 - LRB099 03667 KTG 23678 b
1		subdivision of the State or governing body, but does not
2		include the General Assembly of the State of Illinois or any
3		individual employed by the General Assembly of the State of
4		Illinois.
5		(m) "Professional employee" means any employee engaged in
6		work predominantly intellectual and varied in character rather
7		than routine mental, manual, mechanical or physical work;
8		involving the consistent exercise of discretion and adjustment
9		in its performance; of such a character that the output
10		produced or the result accomplished cannot be standardized in
11		relation to a given period of time; and requiring advanced
12		knowledge in a field of science or learning customarily
13		acquired by a prolonged course of specialized intellectual
14		instruction and study in an institution of higher learning or a
15		hospital, as distinguished from a general academic education or
16		from apprenticeship or from training in the performance of
17		routine mental, manual, or physical processes; or any employee
18		who has completed the courses of specialized intellectual
19		instruction and study prescribed in this subsection (m) and is
20		performing related work under the supervision of a professional
21		person to qualify to become a professional employee as defined
22		in this subsection (m).
23		(n) "Public employee" or "employee", for the purposes of
24		this Act, means any individual employed by a public employer,
25		including (i) interns and residents at public hospitals, (ii)
26		as of the effective date of this amendatory Act of the 93rd

HB4049 Engrossed - 25 - LRB099 03667 KTG 23678 b
1		General Assembly, but not before, personal assistants working
2		under the Home Services Program under Section 3 of the
3		Rehabilitation of Persons with Disabilities Disabled Persons
4		Rehabilitation Act, subject to the limitations set forth in
5		this Act and in the Rehabilitation of Persons with Disabilities
6		Disabled Persons Rehabilitation Act, (iii) as of the effective
7		date of this amendatory Act of the 94th General Assembly, but
8		not before, child and day care home providers participating in
9		the child care assistance program under Section 9A-11 of the
10		Illinois Public Aid Code, subject to the limitations set forth
11		in this Act and in Section 9A-11 of the Illinois Public Aid
12		Code, (iv) as of January 29, 2013 (the effective date of Public
13		Act 97-1158), but not before except as otherwise provided in
14		this subsection (n), home care and home health workers who
15		function as personal assistants and individual maintenance
16		home health workers and who also work under the Home Services
17		Program under Section 3 of the Rehabilitation of Persons with
18		Disabilities Disabled Persons Rehabilitation Act, no matter
19		whether the State provides those services through direct
20		fee-for-service arrangements, with the assistance of a managed
21		care organization or other intermediary, or otherwise, (v)
22		beginning on the effective date of this amendatory Act of the
23		98th General Assembly and notwithstanding any other provision
24		of this Act, any person employed by a public employer and who
25		is classified as or who holds the employment title of Chief
26		Stationary Engineer, Assistant Chief Stationary Engineer,

HB4049 Engrossed - 26 - LRB099 03667 KTG 23678 b
1		Sewage Plant Operator, Water Plant Operator, Stationary
2		Engineer, Plant Operating Engineer, and any other employee who
3		holds the position of: Civil Engineer V, Civil Engineer VI,
4		Civil Engineer VII, Technical Manager I, Technical Manager II,
5		Technical Manager III, Technical Manager IV, Technical Manager
6		V, Technical Manager VI, Realty Specialist III, Realty
7		Specialist IV, Realty Specialist V, Technical Advisor I,
8		Technical Advisor II, Technical Advisor III, Technical Advisor
9		IV, or Technical Advisor V employed by the Department of
10		Transportation who is in a position which is certified in a
11		bargaining unit on or before the effective date of this
12		amendatory Act of the 98th General Assembly, and (vi) beginning
13		on the effective date of this amendatory Act of the 98th
14		General Assembly and notwithstanding any other provision of
15		this Act, any mental health administrator in the Department of
16		Corrections who is classified as or who holds the position of
17		Public Service Administrator (Option 8K), any employee of the
18		Office of the Inspector General in the Department of Human
19		Services who is classified as or who holds the position of
20		Public Service Administrator (Option 7), any Deputy of
21		Intelligence in the Department of Corrections who is classified
22		as or who holds the position of Public Service Administrator
23		(Option 7), and any employee of the Department of State Police
24		who handles issues concerning the Illinois State Police Sex
25		Offender Registry and who is classified as or holds the
26		position of Public Service Administrator (Option 7), but

HB4049 Engrossed - 27 - LRB099 03667 KTG 23678 b
1		excluding all of the following: employees of the General
2		Assembly of the State of Illinois; elected officials; executive
3		heads of a department; members of boards or commissions; the
4		Executive Inspectors General; any special Executive Inspectors
5		General; employees of each Office of an Executive Inspector
6		General; commissioners and employees of the Executive Ethics
7		Commission; the Auditor General's Inspector General; employees
8		of the Office of the Auditor General's Inspector General; the
9		Legislative Inspector General; any special Legislative
10		Inspectors General; employees of the Office of the Legislative
11		Inspector General; commissioners and employees of the
12		Legislative Ethics Commission; employees of any agency, board
13		or commission created by this Act; employees appointed to State
14		positions of a temporary or emergency nature; all employees of
15		school districts and higher education institutions except
16		firefighters and peace officers employed by a state university
17		and except peace officers employed by a school district in its
18		own police department in existence on the effective date of
19		this amendatory Act of the 96th General Assembly; managerial
20		employees; short-term employees; legislative liaisons; a
21		person who is a State employee under the jurisdiction of the
22		Office of the Attorney General who is licensed to practice law
23		or whose position authorizes, either directly or indirectly,
24		meaningful input into government decision-making on issues
25		where there is room for principled disagreement on goals or
26		their implementation; a person who is a State employee under

HB4049 Engrossed - 28 - LRB099 03667 KTG 23678 b
1		the jurisdiction of the Office of the Comptroller who holds the
2		position of Public Service Administrator or whose position is
3		otherwise exempt under the Comptroller Merit Employment Code; a
4		person who is a State employee under the jurisdiction of the
5		Secretary of State who holds the position classification of
6		Executive I or higher, whose position authorizes, either
7		directly or indirectly, meaningful input into government
8		decision-making on issues where there is room for principled
9		disagreement on goals or their implementation, or who is
10		otherwise exempt under the Secretary of State Merit Employment
11		Code; employees in the Office of the Secretary of State who are
12		completely exempt from jurisdiction B of the Secretary of State
13		Merit Employment Code and who are in Rutan-exempt positions on
14		or after April 5, 2013 (the effective date of Public Act
15		97-1172); a person who is a State employee under the
16		jurisdiction of the Treasurer who holds a position that is
17		exempt from the State Treasurer Employment Code; any employee
18		of a State agency who (i) holds the title or position of, or
19		exercises substantially similar duties as a legislative
20		liaison, Agency General Counsel, Agency Chief of Staff, Agency
21		Executive Director, Agency Deputy Director, Agency Chief
22		Fiscal Officer, Agency Human Resources Director, Public
23		Information Officer, or Chief Information Officer and (ii) was
24		neither included in a bargaining unit nor subject to an active
25		petition for certification in a bargaining unit; any employee
26		of a State agency who (i) is in a position that is

HB4049 Engrossed - 29 - LRB099 03667 KTG 23678 b
1		Rutan-exempt, as designated by the employer, and completely
2		exempt from jurisdiction B of the Personnel Code and (ii) was
3		neither included in a bargaining unit nor subject to an active
4		petition for certification in a bargaining unit; any term
5		appointed employee of a State agency pursuant to Section 8b.18
6		or 8b.19 of the Personnel Code who was neither included in a
7		bargaining unit nor subject to an active petition for
8		certification in a bargaining unit; any employment position
9		properly designated pursuant to Section 6.1 of this Act;
10		confidential employees; independent contractors; and
11		supervisors except as provided in this Act.
12		Home care and home health workers who function as personal
13		assistants and individual maintenance home health workers and
14		who also work under the Home Services Program under Section 3
15		of the Rehabilitation of Persons with Disabilities Disabled
16		Persons Rehabilitation Act shall not be considered public
17		employees for any purposes not specifically provided for in
18		Public Act 93-204 or Public Act 97-1158, including but not
19		limited to, purposes of vicarious liability in tort and
20		purposes of statutory retirement or health insurance benefits.
21		Home care and home health workers who function as personal
22		assistants and individual maintenance home health workers and
23		who also work under the Home Services Program under Section 3
24		of the Rehabilitation of Persons with Disabilities Disabled
25		Persons Rehabilitation Act shall not be covered by the State
26		Employees Group Insurance Act of 1971 (5 ILCS 375/).

HB4049 Engrossed - 30 - LRB099 03667 KTG 23678 b
1		Child and day care home providers shall not be considered
2		public employees for any purposes not specifically provided for
3		in this amendatory Act of the 94th General Assembly, including
4		but not limited to, purposes of vicarious liability in tort and
5		purposes of statutory retirement or health insurance benefits.
6		Child and day care home providers shall not be covered by the
7		State Employees Group Insurance Act of 1971.
8		Notwithstanding Section 9, subsection (c), or any other
9		provisions of this Act, all peace officers above the rank of
10		captain in municipalities with more than 1,000,000 inhabitants
11		shall be excluded from this Act.
12		(o) Except as otherwise in subsection (o-5), "public
13		employer" or "employer" means the State of Illinois; any
14		political subdivision of the State, unit of local government or
15		school district; authorities including departments, divisions,
16		bureaus, boards, commissions, or other agencies of the
17		foregoing entities; and any person acting within the scope of
18		his or her authority, express or implied, on behalf of those
19		entities in dealing with its employees. As of the effective
20		date of the amendatory Act of the 93rd General Assembly, but
21		not before, the State of Illinois shall be considered the
22		employer of the personal assistants working under the Home
23		Services Program under Section 3 of the Rehabilitation of
24		Persons with Disabilities Disabled Persons Rehabilitation Act,
25		subject to the limitations set forth in this Act and in the
26		Rehabilitation of Persons with Disabilities Disabled Persons

HB4049 Engrossed - 31 - LRB099 03667 KTG 23678 b
1		Rehabilitation Act. As of January 29, 2013 (the effective date
2		of Public Act 97-1158), but not before except as otherwise
3		provided in this subsection (o), the State shall be considered
4		the employer of home care and home health workers who function
5		as personal assistants and individual maintenance home health
6		workers and who also work under the Home Services Program under
7		Section 3 of the Rehabilitation of Persons with Disabilities
8		Disabled Persons Rehabilitation Act, no matter whether the
9		State provides those services through direct fee-for-service
10		arrangements, with the assistance of a managed care
11		organization or other intermediary, or otherwise, but subject
12		to the limitations set forth in this Act and the Rehabilitation
13		of Persons with Disabilities Disabled Persons Rehabilitation
14		Act. The State shall not be considered to be the employer of
15		home care and home health workers who function as personal
16		assistants and individual maintenance home health workers and
17		who also work under the Home Services Program under Section 3
18		of the Rehabilitation of Persons with Disabilities Disabled
19		Persons Rehabilitation Act, for any purposes not specifically
20		provided for in Public Act 93-204 or Public Act 97-1158,
21		including but not limited to, purposes of vicarious liability
22		in tort and purposes of statutory retirement or health
23		insurance benefits. Home care and home health workers who
24		function as personal assistants and individual maintenance
25		home health workers and who also work under the Home Services
26		Program under Section 3 of the Rehabilitation of Persons with

HB4049 Engrossed - 32 - LRB099 03667 KTG 23678 b
1		Disabilities Disabled Persons Rehabilitation Act shall not be
2		covered by the State Employees Group Insurance Act of 1971 (5
3		ILCS 375/). As of the effective date of this amendatory Act of
4		the 94th General Assembly but not before, the State of Illinois
5		shall be considered the employer of the day and child care home
6		providers participating in the child care assistance program
7		under Section 9A-11 of the Illinois Public Aid Code, subject to
8		the limitations set forth in this Act and in Section 9A-11 of
9		the Illinois Public Aid Code. The State shall not be considered
10		to be the employer of child and day care home providers for any
11		purposes not specifically provided for in this amendatory Act
12		of the 94th General Assembly, including but not limited to,
13		purposes of vicarious liability in tort and purposes of
14		statutory retirement or health insurance benefits. Child and
15		day care home providers shall not be covered by the State
16		Employees Group Insurance Act of 1971.
17		"Public employer" or "employer" as used in this Act,
18		however, does not mean and shall not include the General
19		Assembly of the State of Illinois, the Executive Ethics
20		Commission, the Offices of the Executive Inspectors General,
21		the Legislative Ethics Commission, the Office of the
22		Legislative Inspector General, the Office of the Auditor
23		General's Inspector General, the Office of the Governor, the
24		Governor's Office of Management and Budget, the Illinois
25		Finance Authority, the Office of the Lieutenant Governor, the
26		State Board of Elections, and educational employers or

HB4049 Engrossed - 33 - LRB099 03667 KTG 23678 b
1		employers as defined in the Illinois Educational Labor
2		Relations Act, except with respect to a state university in its
3		employment of firefighters and peace officers and except with
4		respect to a school district in the employment of peace
5		officers in its own police department in existence on the
6		effective date of this amendatory Act of the 96th General
7		Assembly. County boards and county sheriffs shall be designated
8		as joint or co-employers of county peace officers appointed
9		under the authority of a county sheriff. Nothing in this
10		subsection (o) shall be construed to prevent the State Panel or
11		the Local Panel from determining that employers are joint or
12		co-employers.
13		(o-5) With respect to wages, fringe benefits, hours,
14		holidays, vacations, proficiency examinations, sick leave, and
15		other conditions of employment, the public employer of public
16		employees who are court reporters, as defined in the Court
17		Reporters Act, shall be determined as follows:
18		(1) For court reporters employed by the Cook County
19		Judicial Circuit, the chief judge of the Cook County
20		Circuit Court is the public employer and employer
21		representative.
22		(2) For court reporters employed by the 12th, 18th,
23		19th, and, on and after December 4, 2006, the 22nd judicial
24		circuits, a group consisting of the chief judges of those
25		circuits, acting jointly by majority vote, is the public
26		employer and employer representative.

HB4049 Engrossed - 34 - LRB099 03667 KTG 23678 b
1		(3) For court reporters employed by all other judicial
2		circuits, a group consisting of the chief judges of those
3		circuits, acting jointly by majority vote, is the public
4		employer and employer representative.
5		(p) "Security employee" means an employee who is
6		responsible for the supervision and control of inmates at
7		correctional facilities. The term also includes other
8		non-security employees in bargaining units having the majority
9		of employees being responsible for the supervision and control
10		of inmates at correctional facilities.
11		(q) "Short-term employee" means an employee who is employed
12		for less than 2 consecutive calendar quarters during a calendar
13		year and who does not have a reasonable assurance that he or
14		she will be rehired by the same employer for the same service
15		in a subsequent calendar year.
16		(q-5) "State agency" means an agency directly responsible
17		to the Governor, as defined in Section 3.1 of the Executive
18		Reorganization Implementation Act, and the Illinois Commerce
19		Commission, the Illinois Workers' Compensation Commission, the
20		Civil Service Commission, the Pollution Control Board, the
21		Illinois Racing Board, and the Department of State Police Merit
22		Board.
23		(r) "Supervisor" is:
24		(1) An employee whose principal work is substantially
25		different from that of his or her subordinates and who has
26		authority, in the interest of the employer, to hire,

HB4049 Engrossed - 35 - LRB099 03667 KTG 23678 b
1		transfer, suspend, lay off, recall, promote, discharge,
2		direct, reward, or discipline employees, to adjust their
3		grievances, or to effectively recommend any of those
4		actions, if the exercise of that authority is not of a
5		merely routine or clerical nature, but requires the
6		consistent use of independent judgment. Except with
7		respect to police employment, the term "supervisor"
8		includes only those individuals who devote a preponderance
9		of their employment time to exercising that authority,
10		State supervisors notwithstanding. Nothing in this
11		definition prohibits an individual from also meeting the
12		definition of "managerial employee" under subsection (j)
13		of this Section. In addition, in determining supervisory
14		status in police employment, rank shall not be
15		determinative. The Board shall consider, as evidence of
16		bargaining unit inclusion or exclusion, the common law
17		enforcement policies and relationships between police
18		officer ranks and certification under applicable civil
19		service law, ordinances, personnel codes, or Division 2.1
20		of Article 10 of the Illinois Municipal Code, but these
21		factors shall not be the sole or predominant factors
22		considered by the Board in determining police supervisory
23		status.
24		Notwithstanding the provisions of the preceding
25		paragraph, in determining supervisory status in fire
26		fighter employment, no fire fighter shall be excluded as a

HB4049 Engrossed - 36 - LRB099 03667 KTG 23678 b
1		supervisor who has established representation rights under
2		Section 9 of this Act. Further, in new fire fighter units,
3		employees shall consist of fire fighters of the rank of
4		company officer and below. If a company officer otherwise
5		qualifies as a supervisor under the preceding paragraph,
6		however, he or she shall not be included in the fire
7		fighter unit. If there is no rank between that of chief and
8		the highest company officer, the employer may designate a
9		position on each shift as a Shift Commander, and the
10		persons occupying those positions shall be supervisors.
11		All other ranks above that of company officer shall be
12		supervisors.
13		(2) With respect only to State employees in positions
14		under the jurisdiction of the Attorney General, Secretary
15		of State, Comptroller, or Treasurer (i) that were certified
16		in a bargaining unit on or after December 2, 2008, (ii) for
17		which a petition is filed with the Illinois Public Labor
18		Relations Board on or after April 5, 2013 (the effective
19		date of Public Act 97-1172), or (iii) for which a petition
20		is pending before the Illinois Public Labor Relations Board
21		on that date, an employee who qualifies as a supervisor
22		under (A) Section 152 of the National Labor Relations Act
23		and (B) orders of the National Labor Relations Board
24		interpreting that provision or decisions of courts
25		reviewing decisions of the National Labor Relations Board.
26		(s)(1) "Unit" means a class of jobs or positions that are

HB4049 Engrossed - 37 - LRB099 03667 KTG 23678 b
1		held by employees whose collective interests may suitably be
2		represented by a labor organization for collective bargaining.
3		Except with respect to non-State fire fighters and paramedics
4		employed by fire departments and fire protection districts,
5		non-State peace officers, and peace officers in the Department
6		of State Police, a bargaining unit determined by the Board
7		shall not include both employees and supervisors, or
8		supervisors only, except as provided in paragraph (2) of this
9		subsection (s) and except for bargaining units in existence on
10		July 1, 1984 (the effective date of this Act). With respect to
11		non-State fire fighters and paramedics employed by fire
12		departments and fire protection districts, non-State peace
13		officers, and peace officers in the Department of State Police,
14		a bargaining unit determined by the Board shall not include
15		both supervisors and nonsupervisors, or supervisors only,
16		except as provided in paragraph (2) of this subsection (s) and
17		except for bargaining units in existence on January 1, 1986
18		(the effective date of this amendatory Act of 1985). A
19		bargaining unit determined by the Board to contain peace
20		officers shall contain no employees other than peace officers
21		unless otherwise agreed to by the employer and the labor
22		organization or labor organizations involved. Notwithstanding
23		any other provision of this Act, a bargaining unit, including a
24		historical bargaining unit, containing sworn peace officers of
25		the Department of Natural Resources (formerly designated the
26		Department of Conservation) shall contain no employees other

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1		than such sworn peace officers upon the effective date of this
2		amendatory Act of 1990 or upon the expiration date of any
3		collective bargaining agreement in effect upon the effective
4		date of this amendatory Act of 1990 covering both such sworn
5		peace officers and other employees.
6		(2) Notwithstanding the exclusion of supervisors from
7		bargaining units as provided in paragraph (1) of this
8		subsection (s), a public employer may agree to permit its
9		supervisory employees to form bargaining units and may bargain
10		with those units. This Act shall apply if the public employer
11		chooses to bargain under this subsection.
12		(3) Public employees who are court reporters, as defined in
13		the Court Reporters Act, shall be divided into 3 units for
14		collective bargaining purposes. One unit shall be court
15		reporters employed by the Cook County Judicial Circuit; one
16		unit shall be court reporters employed by the 12th, 18th, 19th,
17		and, on and after December 4, 2006, the 22nd judicial circuits;
18		and one unit shall be court reporters employed by all other
19		judicial circuits.
20		(t) "Active petition for certification in a bargaining
21		unit" means a petition for certification filed with the Board
22		under one of the following case numbers: S-RC-11-110;
23		S-RC-11-098; S-UC-11-080; S-RC-11-086; S-RC-11-074;
24		S-RC-11-076; S-RC-11-078; S-UC-11-052; S-UC-11-054;
25		S-RC-11-062; S-RC-11-060; S-RC-11-042; S-RC-11-014;
26		S-RC-11-016; S-RC-11-020; S-RC-11-030; S-RC-11-004;

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1		S-RC-10-244; S-RC-10-228; S-RC-10-222; S-RC-10-220;
2		S-RC-10-214; S-RC-10-196; S-RC-10-194; S-RC-10-178;
3		S-RC-10-176; S-RC-10-162; S-RC-10-156; S-RC-10-088;
4		S-RC-10-074; S-RC-10-076; S-RC-10-078; S-RC-10-060;
5		S-RC-10-070; S-RC-10-044; S-RC-10-038; S-RC-10-040;
6		S-RC-10-042; S-RC-10-018; S-RC-10-024; S-RC-10-004;
7		S-RC-10-006; S-RC-10-008; S-RC-10-010; S-RC-10-012;
8		S-RC-09-202; S-RC-09-182; S-RC-09-180; S-RC-09-156;
9		S-UC-09-196; S-UC-09-182; S-RC-08-130; S-RC-07-110; or
10		S-RC-07-100.
11		(Source: P.A. 97-586, eff. 8-26-11; 97-1158, eff. 1-29-13;
12		97-1172, eff. 4-5-13; 98-100, eff. 7-19-13; 98-1004, eff.
13		8-18-14.)
14		Section 20. The Voluntary Payroll Deductions Act of 1983 is
15		amended by changing Section 3 as follows:
16		(5 ILCS 340/3) (from Ch. 15, par. 503)
17		Sec. 3. Definitions. As used in this Act unless the context
18		otherwise requires:
19		(a) "Employee" means any regular officer or employee who
20		receives salary or wages for personal services rendered to the
21		State of Illinois, and includes an individual hired as an
22		employee by contract with that individual.
23		(b) "Qualified organization" means an organization
24		representing one or more benefiting agencies, which

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1		organization is designated by the State Comptroller as
2		qualified to receive payroll deductions under this Act. An
3		organization desiring to be designated as a qualified
4		organization shall:
5		(1) Submit written or electronic designations on forms
6		approved by the State Comptroller by 500 or more employees
7		or State annuitants, in which such employees or State
8		annuitants indicate that the organization is one for which
9		the employee or State annuitant intends to authorize
10		withholding. The forms shall require the name, last 4
11		digits only of the social security number, and employing
12		State agency for each employee. Upon notification by the
13		Comptroller that such forms have been approved, the
14		organization shall, within 30 days, notify in writing the
15		Governor or his or her designee of its intention to obtain
16		the required number of designations. Such organization
17		shall have 12 months from that date to obtain the necessary
18		designations and return to the State Comptroller's office
19		the completed designations, which shall be subject to
20		verification procedures established by the State
21		Comptroller;
22		(2) Certify that all benefiting agencies are tax exempt
23		under Section 501(c)(3) of the Internal Revenue Code;
24		(3) Certify that all benefiting agencies are in
25		compliance with the Illinois Human Rights Act;
26		(4) Certify that all benefiting agencies are in

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1		compliance with the Charitable Trust Act and the
2		Solicitation for Charity Act;
3		(5) Certify that all benefiting agencies actively
4		conduct health or welfare programs and provide services to
5		individuals directed at one or more of the following common
6		human needs within a community: service, research, and
7		education in the health fields; family and child care
8		services; protective services for children and adults;
9		services for children and adults in foster care; services
10		related to the management and maintenance of the home; day
11		care services for adults; transportation services;
12		information, referral and counseling services; services to
13		eliminate illiteracy; the preparation and delivery of
14		meals; adoption services; emergency shelter care and
15		relief services; disaster relief services; safety
16		services; neighborhood and community organization
17		services; recreation services; social adjustment and
18		rehabilitation services; health support services; or a
19		combination of such services designed to meet the special
20		needs of specific groups, such as children and youth, the
21		ill and infirm, and persons with physical disabilities the
22		physically handicapped; and that all such benefiting
23		agencies provide the above described services to
24		individuals and their families in the community and
25		surrounding area in which the organization conducts its
26		fund drive, or that such benefiting agencies provide relief

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1		to victims of natural disasters and other emergencies on a
2		where and as needed basis;
3		(6) Certify that the organization has disclosed the
4		percentage of the organization's total collected receipts
5		from employees or State annuitants that are distributed to
6		the benefiting agencies and the percentage of the
7		organization's total collected receipts from employees or
8		State annuitants that are expended for fund-raising and
9		overhead costs. These percentages shall be the same
10		percentage figures annually disclosed by the organization
11		to the Attorney General. The disclosure shall be made to
12		all solicited employees and State annuitants and shall be
13		in the form of a factual statement on all petitions and in
14		the campaign's brochures for employees and State
15		annuitants;
16		(7) Certify that all benefiting agencies receiving
17		funds which the employee or State annuitant has requested
18		or designated for distribution to a particular community
19		and surrounding area use a majority of such funds
20		distributed for services in the actual provision of
21		services in that community and surrounding area;
22		(8) Certify that neither it nor its member
23		organizations will solicit State employees for
24		contributions at their workplace, except pursuant to this
25		Act and the rules promulgated thereunder. Each qualified
26		organization, and each participating United Fund, is

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1		encouraged to cooperate with all others and with all State
2		agencies and educational institutions so as to simplify
3		procedures, to resolve differences and to minimize costs;
4		(9) Certify that it will pay its share of the campaign
5		costs and will comply with the Code of Campaign Conduct as
6		approved by the Governor or other agency as designated by
7		the Governor; and
8		(10) Certify that it maintains a year-round office, the
9		telephone number, and person responsible for the
10		operations of the organization in Illinois. That
11		information shall be provided to the State Comptroller at
12		the time the organization is seeking participation under
13		this Act.
14		Each qualified organization shall submit to the State
15		Comptroller between January 1 and March 1 of each year, a
16		statement that the organization is in compliance with all of
17		the requirements set forth in paragraphs (2) through (10). The
18		State Comptroller shall exclude any organization that fails to
19		submit the statement from the next solicitation period.
20		In order to be designated as a qualified organization, the
21		organization shall have existed at least 2 years prior to
22		submitting the written or electronic designation forms
23		required in paragraph (1) and shall certify to the State
24		Comptroller that such organization has been providing services
25		described in paragraph (5) in Illinois. If the organization
26		seeking designation represents more than one benefiting

HB4049 Engrossed - 44 - LRB099 03667 KTG 23678 b
1		agency, it need not have existed for 2 years but shall certify
2		to the State Comptroller that each of its benefiting agencies
3		has existed for at least 2 years prior to submitting the
4		written or electronic designation forms required in paragraph
5		(1) and that each has been providing services described in
6		paragraph (5) in Illinois.
7		Organizations which have met the requirements of this Act
8		shall be permitted to participate in the State and Universities
9		Combined Appeal as of January 1st of the year immediately
10		following their approval by the Comptroller.
11		Where the certifications described in paragraphs (2), (3),
12		(4), (5), (6), (7), (8), (9), and (10) above are made by an
13		organization representing more than one benefiting agency they
14		shall be based upon the knowledge and belief of such qualified
15		organization. Any qualified organization shall immediately
16		notify the State Comptroller in writing if the qualified
17		organization receives information or otherwise believes that a
18		benefiting agency is no longer in compliance with the
19		certification of the qualified organization. A qualified
20		organization representing more than one benefiting agency
21		shall thereafter withhold and refrain from distributing to such
22		benefiting agency those funds received pursuant to this Act
23		until the benefiting agency is again in compliance with the
24		qualified organization's certification. The qualified
25		organization shall immediately notify the State Comptroller of
26		the benefiting agency's resumed compliance with the

HB4049 Engrossed - 45 - LRB099 03667 KTG 23678 b
1		certification, based upon the qualified organization's
2		knowledge and belief, and shall pay over to the benefiting
3		agency those funds previously withheld.
4		In order to qualify, a qualified organization must receive
5		250 deduction pledges from the immediately preceding
6		solicitation period as set forth in Section 6. The Comptroller
7		shall, by February 1st of each year, so notify any qualified
8		organization that failed to receive the minimum deduction
9		requirement. The notification shall give such qualified
10		organization until March 1st to provide the Comptroller with
11		documentation that the minimum deduction requirement has been
12		met. On the basis of all the documentation, the Comptroller
13		shall, by March 15th of each year, submit to the Governor or
14		his or her designee, or such other agency as may be determined
15		by the Governor, a list of all organizations which have met the
16		minimum payroll deduction requirement. Only those
17		organizations which have met such requirements, as well as the
18		other requirements of this Section, shall be permitted to
19		solicit State employees or State annuitants for voluntary
20		contributions, and the Comptroller shall discontinue
21		withholding for any such organization which fails to meet these
22		requirements, except qualified organizations that received
23		deduction pledges during the 2004 solicitation period are
24		deemed to be qualified for the 2005 solicitation period.
25		(c) "United Fund" means the organization conducting the
26		single, annual, consolidated effort to secure funds for

HB4049 Engrossed - 46 - LRB099 03667 KTG 23678 b
1		distribution to agencies engaged in charitable and public
2		health, welfare and services purposes, which is commonly known
3		as the United Fund, or the organization which serves in place
4		of the United Fund organization in communities where an
5		organization known as the United Fund is not organized.
6		In order for a United Fund to participate in the State and
7		Universities Employees Combined Appeal, it shall comply with
8		the provisions of paragraph (9) of subsection (b).
9		(d) "State and Universities Employees Combined Appeal",
10		otherwise known as "SECA", means the State-directed joint
11		effort of all of the qualified organizations, together with the
12		United Funds, for the solicitation of voluntary contributions
13		from State and University employees and State annuitants.
14		(e) "Retirement system" means any or all of the following:
15		the General Assembly Retirement System, the State Employees'
16		Retirement System of Illinois, the State Universities
17		Retirement System, the Teachers' Retirement System of the State
18		of Illinois, and the Judges Retirement System.
19		(f) "State annuitant" means a person receiving an annuity
20		or disability benefit under Article 2, 14, 15, 16, or 18 of the
21		Illinois Pension Code.
22		(Source: P.A. 97-1005, eff. 1-1-13.)
23		Section 25. The Public Employee Disability Act is amended
24		by changing Section 1 as follows:

HB4049 Engrossed - 47 - LRB099 03667 KTG 23678 b
1		(5 ILCS 345/1) (from Ch. 70, par. 91)
2		Sec. 1. Disability benefit.
3		(a) For the purposes of this Section, "eligible employee"
4		means any part-time or full-time State correctional officer or
5		any other full or part-time employee of the Department of
6		Corrections, any full or part-time employee of the Prisoner
7		Review Board, any full or part-time employee of the Department
8		of Human Services working within a penal institution or a State
9		mental health or developmental disabilities facility operated
10		by the Department of Human Services, and any full-time law
11		enforcement officer or full-time firefighter who is employed by
12		the State of Illinois, any unit of local government (including
13		any home rule unit), any State supported college or university,
14		or any other public entity granted the power to employ persons
15		for such purposes by law.
16		(b) Whenever an eligible employee suffers any injury in the
17		line of duty which causes him to be unable to perform his
18		duties, he shall continue to be paid by the employing public
19		entity on the same basis as he was paid before the injury, with
20		no deduction from his sick leave credits, compensatory time for
21		overtime accumulations or vacation, or service credits in a
22		public employee pension fund during the time he is unable to
23		perform his duties due to the result of the injury, but not
24		longer than one year in relation to the same injury. However,
25		no injury to an employee of the Department of Corrections or
26		the Prisoner Review Board working within a penal institution or

HB4049 Engrossed - 48 - LRB099 03667 KTG 23678 b
1		an employee of the Department of Human Services working within
2		a departmental mental health or developmental disabilities
3		facility shall qualify the employee for benefits under this
4		Section unless the injury is the direct or indirect result of
5		violence by inmates of the penal institution or residents of
6		the mental health or developmental disabilities facility.
7		(c) At any time during the period for which continuing
8		compensation is required by this Act, the employing public
9		entity may order at the expense of that entity physical or
10		medical examinations of the injured person to determine the
11		degree of disability.
12		(d) During this period of disability, the injured person
13		shall not be employed in any other manner, with or without
14		monetary compensation. Any person who is employed in violation
15		of this paragraph forfeits the continuing compensation
16		provided by this Act from the time such employment begins. Any
17		salary compensation due the injured person from workers'
18		compensation or any salary due him from any type of insurance
19		which may be carried by the employing public entity shall
20		revert to that entity during the time for which continuing
21		compensation is paid to him under this Act. Any person with a
22		disability disabled person receiving compensation under the
23		provisions of this Act shall not be entitled to any benefits
24		for which he would qualify because of his disability under the
25		provisions of the Illinois Pension Code.
26		(e) Any employee of the State of Illinois, as defined in

HB4049 Engrossed - 49 - LRB099 03667 KTG 23678 b
1		Section 14-103.05 of the Illinois Pension Code, who becomes
2		permanently unable to perform the duties of such employment due
3		to an injury received in the active performance of his duties
4		as a State employee as a result of a willful act of violence by
5		another employee of the State of Illinois, as so defined,
6		committed during such other employee's course of employment and
7		after January 1, 1988, shall be eligible for benefits pursuant
8		to the provisions of this Section. For purposes of this
9		Section, permanent disability permanently disabled is defined
10		as a diagnosis or prognosis of an inability to return to
11		current job duties by a physician licensed to practice medicine
12		in all of its branches.
13		(f) The compensation and other benefits provided to
14		part-time employees covered by this Section shall be calculated
15		based on the percentage of time the part-time employee was
16		scheduled to work pursuant to his or her status as a part-time
17		employee.
18		(g) Pursuant to paragraphs (h) and (i) of Section 6 of
19		Article VII of the Illinois Constitution, this Act specifically
20		denies and limits the exercise by home rule units of any power
21		which is inconsistent herewith, and all existing laws and
22		ordinances which are inconsistent herewith are hereby
23		superseded. This Act does not preempt the concurrent exercise
24		by home rule units of powers consistent herewith.
25		This Act does not apply to any home rule unit with a
26		population of over 1,000,000.

HB4049 Engrossed - 50 - LRB099 03667 KTG 23678 b
1		(h) In those cases where the injury to a State employee for
2		which a benefit is payable under this Act was caused under
3		circumstances creating a legal liability for damages on the
4		part of some person other than the State employer, all of the
5		rights and privileges, including the right to notice of suit
6		brought against such other person and the right to commence or
7		join in such suit, as given the employer, together with the
8		conditions or obligations imposed under paragraph (b) of
9		Section 5 of the Workers' Compensation Act, are also given and
10		granted to the State, to the end that, with respect to State
11		employees only, the State may be paid or reimbursed for the
12		amount of benefit paid or to be paid by the State to the
13		injured employee or his or her personal representative out of
14		any judgment, settlement, or payment for such injury obtained
15		by such injured employee or his or her personal representative
16		from such other person by virtue of the injury.
17		(Source: P.A. 96-1430, eff. 1-1-11.)
18		Section 30. The State Employees Group Insurance Act of 1971
19		is amended by changing Section 3 as follows:
20		(5 ILCS 375/3) (from Ch. 127, par. 523)
21		Sec. 3. Definitions. Unless the context otherwise
22		requires, the following words and phrases as used in this Act
23		shall have the following meanings. The Department may define
24		these and other words and phrases separately for the purpose of

HB4049 Engrossed - 51 - LRB099 03667 KTG 23678 b
1		implementing specific programs providing benefits under this
2		Act.
3		(a) "Administrative service organization" means any
4		person, firm or corporation experienced in the handling of
5		claims which is fully qualified, financially sound and capable
6		of meeting the service requirements of a contract of
7		administration executed with the Department.
8		(b) "Annuitant" means (1) an employee who retires, or has
9		retired, on or after January 1, 1966 on an immediate annuity
10		under the provisions of Articles 2, 14 (including an employee
11		who has elected to receive an alternative retirement
12		cancellation payment under Section 14-108.5 of the Illinois
13		Pension Code in lieu of an annuity), 15 (including an employee
14		who has retired under the optional retirement program
15		established under Section 15-158.2), paragraphs (2), (3), or
16		(5) of Section 16-106, or Article 18 of the Illinois Pension
17		Code; (2) any person who was receiving group insurance coverage
18		under this Act as of March 31, 1978 by reason of his status as
19		an annuitant, even though the annuity in relation to which such
20		coverage was provided is a proportional annuity based on less
21		than the minimum period of service required for a retirement
22		annuity in the system involved; (3) any person not otherwise
23		covered by this Act who has retired as a participating member
24		under Article 2 of the Illinois Pension Code but is ineligible
25		for the retirement annuity under Section 2-119 of the Illinois
26		Pension Code; (4) the spouse of any person who is receiving a

HB4049 Engrossed - 52 - LRB099 03667 KTG 23678 b
1		retirement annuity under Article 18 of the Illinois Pension
2		Code and who is covered under a group health insurance program
3		sponsored by a governmental employer other than the State of
4		Illinois and who has irrevocably elected to waive his or her
5		coverage under this Act and to have his or her spouse
6		considered as the "annuitant" under this Act and not as a
7		"dependent"; or (5) an employee who retires, or has retired,
8		from a qualified position, as determined according to rules
9		promulgated by the Director, under a qualified local
10		government, a qualified rehabilitation facility, a qualified
11		domestic violence shelter or service, or a qualified child
12		advocacy center. (For definition of "retired employee", see (p)
13		post).
14		(b-5) (Blank).
15		(b-6) (Blank).
16		(b-7) (Blank).
17		(c) "Carrier" means (1) an insurance company, a corporation
18		organized under the Limited Health Service Organization Act or
19		the Voluntary Health Services Plan Act, a partnership, or other
20		nongovernmental organization, which is authorized to do group
21		life or group health insurance business in Illinois, or (2) the
22		State of Illinois as a self-insurer.
23		(d) "Compensation" means salary or wages payable on a
24		regular payroll by the State Treasurer on a warrant of the
25		State Comptroller out of any State, trust or federal fund, or
26		by the Governor of the State through a disbursing officer of

HB4049 Engrossed - 53 - LRB099 03667 KTG 23678 b
1		the State out of a trust or out of federal funds, or by any
2		Department out of State, trust, federal or other funds held by
3		the State Treasurer or the Department, to any person for
4		personal services currently performed, and ordinary or
5		accidental disability benefits under Articles 2, 14, 15
6		(including ordinary or accidental disability benefits under
7		the optional retirement program established under Section
8		15-158.2), paragraphs (2), (3), or (5) of Section 16-106, or
9		Article 18 of the Illinois Pension Code, for disability
10		incurred after January 1, 1966, or benefits payable under the
11		Workers' Compensation or Occupational Diseases Act or benefits
12		payable under a sick pay plan established in accordance with
13		Section 36 of the State Finance Act. "Compensation" also means
14		salary or wages paid to an employee of any qualified local
15		government, qualified rehabilitation facility, qualified
16		domestic violence shelter or service, or qualified child
17		advocacy center.
18		(e) "Commission" means the State Employees Group Insurance
19		Advisory Commission authorized by this Act. Commencing July 1,
20		1984, "Commission" as used in this Act means the Commission on
21		Government Forecasting and Accountability as established by
22		the Legislative Commission Reorganization Act of 1984.
23		(f) "Contributory", when referred to as contributory
24		coverage, shall mean optional coverages or benefits elected by
25		the member toward the cost of which such member makes
26		contribution, or which are funded in whole or in part through

HB4049 Engrossed - 54 - LRB099 03667 KTG 23678 b
1		the acceptance of a reduction in earnings or the foregoing of
2		an increase in earnings by an employee, as distinguished from
3		noncontributory coverage or benefits which are paid entirely by
4		the State of Illinois without reduction of the member's salary.
5		(g) "Department" means any department, institution, board,
6		commission, officer, court or any agency of the State
7		government receiving appropriations and having power to
8		certify payrolls to the Comptroller authorizing payments of
9		salary and wages against such appropriations as are made by the
10		General Assembly from any State fund, or against trust funds
11		held by the State Treasurer and includes boards of trustees of
12		the retirement systems created by Articles 2, 14, 15, 16 and 18
13		of the Illinois Pension Code. "Department" also includes the
14		Illinois Comprehensive Health Insurance Board, the Board of
15		Examiners established under the Illinois Public Accounting
16		Act, and the Illinois Finance Authority.
17		(h) "Dependent", when the term is used in the context of
18		the health and life plan, means a member's spouse and any child
19		(1) from birth to age 26 including an adopted child, a child
20		who lives with the member from the time of the filing of a
21		petition for adoption until entry of an order of adoption, a
22		stepchild or adjudicated child, or a child who lives with the
23		member if such member is a court appointed guardian of the
24		child or (2) age 19 or over who has a mental or physical
25		disability is mentally or physically disabled from a cause
26		originating prior to the age of 19 (age 26 if enrolled as an

HB4049 Engrossed - 55 - LRB099 03667 KTG 23678 b
1		adult child dependent). For the health plan only, the term
2		"dependent" also includes (1) any person enrolled prior to the
3		effective date of this Section who is dependent upon the member
4		to the extent that the member may claim such person as a
5		dependent for income tax deduction purposes and (2) any person
6		who has received after June 30, 2000 an organ transplant and
7		who is financially dependent upon the member and eligible to be
8		claimed as a dependent for income tax purposes. A member
9		requesting to cover any dependent must provide documentation as
10		requested by the Department of Central Management Services and
11		file with the Department any and all forms required by the
12		Department.
13		(i) "Director" means the Director of the Illinois
14		Department of Central Management Services.
15		(j) "Eligibility period" means the period of time a member
16		has to elect enrollment in programs or to select benefits
17		without regard to age, sex or health.
18		(k) "Employee" means and includes each officer or employee
19		in the service of a department who (1) receives his
20		compensation for service rendered to the department on a
21		warrant issued pursuant to a payroll certified by a department
22		or on a warrant or check issued and drawn by a department upon
23		a trust, federal or other fund or on a warrant issued pursuant
24		to a payroll certified by an elected or duly appointed officer
25		of the State or who receives payment of the performance of
26		personal services on a warrant issued pursuant to a payroll

HB4049 Engrossed - 56 - LRB099 03667 KTG 23678 b
1		certified by a Department and drawn by the Comptroller upon the
2		State Treasurer against appropriations made by the General
3		Assembly from any fund or against trust funds held by the State
4		Treasurer, and (2) is employed full-time or part-time in a
5		position normally requiring actual performance of duty during
6		not less than 1/2 of a normal work period, as established by
7		the Director in cooperation with each department, except that
8		persons elected by popular vote will be considered employees
9		during the entire term for which they are elected regardless of
10		hours devoted to the service of the State, and (3) except that
11		"employee" does not include any person who is not eligible by
12		reason of such person's employment to participate in one of the
13		State retirement systems under Articles 2, 14, 15 (either the
14		regular Article 15 system or the optional retirement program
15		established under Section 15-158.2) or 18, or under paragraph
16		(2), (3), or (5) of Section 16-106, of the Illinois Pension
17		Code, but such term does include persons who are employed
18		during the 6 month qualifying period under Article 14 of the
19		Illinois Pension Code. Such term also includes any person who
20		(1) after January 1, 1966, is receiving ordinary or accidental
21		disability benefits under Articles 2, 14, 15 (including
22		ordinary or accidental disability benefits under the optional
23		retirement program established under Section 15-158.2),
24		paragraphs (2), (3), or (5) of Section 16-106, or Article 18 of
25		the Illinois Pension Code, for disability incurred after
26		January 1, 1966, (2) receives total permanent or total

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1		temporary disability under the Workers' Compensation Act or
2		Occupational Disease Act as a result of injuries sustained or
3		illness contracted in the course of employment with the State
4		of Illinois, or (3) is not otherwise covered under this Act and
5		has retired as a participating member under Article 2 of the
6		Illinois Pension Code but is ineligible for the retirement
7		annuity under Section 2-119 of the Illinois Pension Code.
8		However, a person who satisfies the criteria of the foregoing
9		definition of "employee" except that such person is made
10		ineligible to participate in the State Universities Retirement
11		System by clause (4) of subsection (a) of Section 15-107 of the
12		Illinois Pension Code is also an "employee" for the purposes of
13		this Act. "Employee" also includes any person receiving or
14		eligible for benefits under a sick pay plan established in
15		accordance with Section 36 of the State Finance Act. "Employee"
16		also includes (i) each officer or employee in the service of a
17		qualified local government, including persons appointed as
18		trustees of sanitary districts regardless of hours devoted to
19		the service of the sanitary district, (ii) each employee in the
20		service of a qualified rehabilitation facility, (iii) each
21		full-time employee in the service of a qualified domestic
22		violence shelter or service, and (iv) each full-time employee
23		in the service of a qualified child advocacy center, as
24		determined according to rules promulgated by the Director.
25		(l) "Member" means an employee, annuitant, retired
26		employee or survivor. In the case of an annuitant or retired

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1		employee who first becomes an annuitant or retired employee on
2		or after the effective date of this amendatory Act of the 97th
3		General Assembly, the individual must meet the minimum vesting
4		requirements of the applicable retirement system in order to be
5		eligible for group insurance benefits under that system. In the
6		case of a survivor who first becomes a survivor on or after the
7		effective date of this amendatory Act of the 97th General
8		Assembly, the deceased employee, annuitant, or retired
9		employee upon whom the annuity is based must have been eligible
10		to participate in the group insurance system under the
11		applicable retirement system in order for the survivor to be
12		eligible for group insurance benefits under that system.
13		(m) "Optional coverages or benefits" means those coverages
14		or benefits available to the member on his or her voluntary
15		election, and at his or her own expense.
16		(n) "Program" means the group life insurance, health
17		benefits and other employee benefits designed and contracted
18		for by the Director under this Act.
19		(o) "Health plan" means a health benefits program offered
20		by the State of Illinois for persons eligible for the plan.
21		(p) "Retired employee" means any person who would be an
22		annuitant as that term is defined herein but for the fact that
23		such person retired prior to January 1, 1966. Such term also
24		includes any person formerly employed by the University of
25		Illinois in the Cooperative Extension Service who would be an
26		annuitant but for the fact that such person was made ineligible

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1		to participate in the State Universities Retirement System by
2		clause (4) of subsection (a) of Section 15-107 of the Illinois
3		Pension Code.
4		(q) "Survivor" means a person receiving an annuity as a
5		survivor of an employee or of an annuitant. "Survivor" also
6		includes: (1) the surviving dependent of a person who satisfies
7		the definition of "employee" except that such person is made
8		ineligible to participate in the State Universities Retirement
9		System by clause (4) of subsection (a) of Section 15-107 of the
10		Illinois Pension Code; (2) the surviving dependent of any
11		person formerly employed by the University of Illinois in the
12		Cooperative Extension Service who would be an annuitant except
13		for the fact that such person was made ineligible to
14		participate in the State Universities Retirement System by
15		clause (4) of subsection (a) of Section 15-107 of the Illinois
16		Pension Code; and (3) the surviving dependent of a person who
17		was an annuitant under this Act by virtue of receiving an
18		alternative retirement cancellation payment under Section
19		14-108.5 of the Illinois Pension Code.
20		(q-2) "SERS" means the State Employees' Retirement System
21		of Illinois, created under Article 14 of the Illinois Pension
22		Code.
23		(q-3) "SURS" means the State Universities Retirement
24		System, created under Article 15 of the Illinois Pension Code.
25		(q-4) "TRS" means the Teachers' Retirement System of the
26		State of Illinois, created under Article 16 of the Illinois

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1		Pension Code.
2		(q-5) (Blank).
3		(q-6) (Blank).
4		(q-7) (Blank).
5		(r) "Medical services" means the services provided within
6		the scope of their licenses by practitioners in all categories
7		licensed under the Medical Practice Act of 1987.
8		(s) "Unit of local government" means any county,
9		municipality, township, school district (including a
10		combination of school districts under the Intergovernmental
11		Cooperation Act), special district or other unit, designated as
12		a unit of local government by law, which exercises limited
13		governmental powers or powers in respect to limited
14		governmental subjects, any not-for-profit association with a
15		membership that primarily includes townships and township
16		officials, that has duties that include provision of research
17		service, dissemination of information, and other acts for the
18		purpose of improving township government, and that is funded
19		wholly or partly in accordance with Section 85-15 of the
20		Township Code; any not-for-profit corporation or association,
21		with a membership consisting primarily of municipalities, that
22		operates its own utility system, and provides research,
23		training, dissemination of information, or other acts to
24		promote cooperation between and among municipalities that
25		provide utility services and for the advancement of the goals
26		and purposes of its membership; the Southern Illinois

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1		Collegiate Common Market, which is a consortium of higher
2		education institutions in Southern Illinois; the Illinois
3		Association of Park Districts; and any hospital provider that
4		is owned by a county that has 100 or fewer hospital beds and
5		has not already joined the program. "Qualified local
6		government" means a unit of local government approved by the
7		Director and participating in a program created under
8		subsection (i) of Section 10 of this Act.
9		(t) "Qualified rehabilitation facility" means any
10		not-for-profit organization that is accredited by the
11		Commission on Accreditation of Rehabilitation Facilities or
12		certified by the Department of Human Services (as successor to
13		the Department of Mental Health and Developmental
14		Disabilities) to provide services to persons with disabilities
15		and which receives funds from the State of Illinois for
16		providing those services, approved by the Director and
17		participating in a program created under subsection (j) of
18		Section 10 of this Act.
19		(u) "Qualified domestic violence shelter or service" means
20		any Illinois domestic violence shelter or service and its
21		administrative offices funded by the Department of Human
22		Services (as successor to the Illinois Department of Public
23		Aid), approved by the Director and participating in a program
24		created under subsection (k) of Section 10.
25		(v) "TRS benefit recipient" means a person who:
26		(1) is not a "member" as defined in this Section; and

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1		(2) is receiving a monthly benefit or retirement
2		annuity under Article 16 of the Illinois Pension Code; and
3		(3) either (i) has at least 8 years of creditable
4		service under Article 16 of the Illinois Pension Code, or
5		(ii) was enrolled in the health insurance program offered
6		under that Article on January 1, 1996, or (iii) is the
7		survivor of a benefit recipient who had at least 8 years of
8		creditable service under Article 16 of the Illinois Pension
9		Code or was enrolled in the health insurance program
10		offered under that Article on the effective date of this
11		amendatory Act of 1995, or (iv) is a recipient or survivor
12		of a recipient of a disability benefit under Article 16 of
13		the Illinois Pension Code.
14		(w) "TRS dependent beneficiary" means a person who:
15		(1) is not a "member" or "dependent" as defined in this
16		Section; and
17		(2) is a TRS benefit recipient's: (A) spouse, (B)
18		dependent parent who is receiving at least half of his or
19		her support from the TRS benefit recipient, or (C) natural,
20		step, adjudicated, or adopted child who is (i) under age
21		26, (ii) was, on January 1, 1996, participating as a
22		dependent beneficiary in the health insurance program
23		offered under Article 16 of the Illinois Pension Code, or
24		(iii) age 19 or over who has a mental or physical
25		disability is mentally or physically disabled from a cause
26		originating prior to the age of 19 (age 26 if enrolled as

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1		an adult child).
2		"TRS dependent beneficiary" does not include, as indicated
3		under paragraph (2) of this subsection (w), a dependent of the
4		survivor of a TRS benefit recipient who first becomes a
5		dependent of a survivor of a TRS benefit recipient on or after
6		the effective date of this amendatory Act of the 97th General
7		Assembly unless that dependent would have been eligible for
8		coverage as a dependent of the deceased TRS benefit recipient
9		upon whom the survivor benefit is based.
10		(x) "Military leave" refers to individuals in basic
11		training for reserves, special/advanced training, annual
12		training, emergency call up, activation by the President of the
13		United States, or any other training or duty in service to the
14		United States Armed Forces.
15		(y) (Blank).
16		(z) "Community college benefit recipient" means a person
17		who:
18		(1) is not a "member" as defined in this Section; and
19		(2) is receiving a monthly survivor's annuity or
20		retirement annuity under Article 15 of the Illinois Pension
21		Code; and
22		(3) either (i) was a full-time employee of a community
23		college district or an association of community college
24		boards created under the Public Community College Act
25		(other than an employee whose last employer under Article
26		15 of the Illinois Pension Code was a community college

HB4049 Engrossed - 64 - LRB099 03667 KTG 23678 b
1		district subject to Article VII of the Public Community
2		College Act) and was eligible to participate in a group
3		health benefit plan as an employee during the time of
4		employment with a community college district (other than a
5		community college district subject to Article VII of the
6		Public Community College Act) or an association of
7		community college boards, or (ii) is the survivor of a
8		person described in item (i).
9		(aa) "Community college dependent beneficiary" means a
10		person who:
11		(1) is not a "member" or "dependent" as defined in this
12		Section; and
13		(2) is a community college benefit recipient's: (A)
14		spouse, (B) dependent parent who is receiving at least half
15		of his or her support from the community college benefit
16		recipient, or (C) natural, step, adjudicated, or adopted
17		child who is (i) under age 26, or (ii) age 19 or over and
18		has a mental or physical disability mentally or physically
19		disabled from a cause originating prior to the age of 19
20		(age 26 if enrolled as an adult child).
21		"Community college dependent beneficiary" does not
22		include, as indicated under paragraph (2) of this subsection
23		(aa), a dependent of the survivor of a community college
24		benefit recipient who first becomes a dependent of a survivor
25		of a community college benefit recipient on or after the
26		effective date of this amendatory Act of the 97th General

HB4049 Engrossed - 65 - LRB099 03667 KTG 23678 b
1		Assembly unless that dependent would have been eligible for
2		coverage as a dependent of the deceased community college
3		benefit recipient upon whom the survivor annuity is based.
4		(bb) "Qualified child advocacy center" means any Illinois
5		child advocacy center and its administrative offices funded by
6		the Department of Children and Family Services, as defined by
7		the Children's Advocacy Center Act (55 ILCS 80/), approved by
8		the Director and participating in a program created under
9		subsection (n) of Section 10.
10		(Source: P.A. 97-668, eff. 1-13-12; 97-695, eff. 7-1-12;
11		98-488, eff. 8-16-13.)
12		Section 35. The State Employment Records Act is amended by
13		changing Sections 5 and 15 as follows:
14		(5 ILCS 410/5)
15		Sec. 5. Findings and purpose. The General Assembly hereby
16		finds as follows:
17		(a) Efficient, responsive, and accountable disbursement of
18		State services is best facilitated by a diversified State work
19		force which reflects the diversity of the tax-paying
20		constituency the State work force is employed to serve.
21		(b) The purpose of this Act is to require and develop
22		within existing State administrative processes a comprehensive
23		procedure to collect, classify, maintain, and publish, for
24		State and public use, information that provides the General

HB4049 Engrossed - 66 - LRB099 03667 KTG 23678 b
1		Assembly and the People of this State with adequate information
2		of the number of minorities, women, and persons with physical
3		disabilities physically disabled persons employed by State
4		government within the State work force.
5		(c) To provide State officials, administrators and the
6		People of the State with information to help guide efforts to
7		achieve a more diversified State work force, the total number
8		of persons employed within the State work force shall be
9		tabulated in a comprehensive manner to provide meaningful
10		review of the number and percentage of minorities, women, and
11		persons with physical disabilities physically disabled persons
12		employed as part of the State work force.
13		(Source: P.A. 87-1211.)
14		(5 ILCS 410/15)
15		Sec. 15. Reported information.
16		(a) State agencies shall, if necessary, consult with the
17		Office of the Comptroller and the Governor's Office of
18		Management and Budget to confirm the accuracy of information
19		required by this Act. State agencies shall collect and maintain
20		information and publish reports including but not limited to
21		the following information arranged in the indicated
22		categories:
23		(i) the total number of persons employed by the agency
24		who are part of the State work force, as defined by this
25		Act, and the number and statistical percentage of women,

HB4049 Engrossed - 67 - LRB099 03667 KTG 23678 b
1		minorities, and persons with physical disabilities
2		physically disabled persons employed within the agency
3		work force;
4		(ii) the total number of persons employed within the
5		agency work force receiving levels of State remuneration
6		within incremental levels of $10,000, and the number and
7		statistical percentage of minorities, women, and persons
8		with physical disabilities physically disabled persons in
9		the agency work force receiving levels of State
10		remuneration within incremented levels of $10,000;
11		(iii) the number of open positions of employment or
12		advancement in the agency work force, reported on a fiscal
13		year basis;
14		(iv) the number and percentage of open positions of
15		employment or advancement in the agency work force filled
16		by minorities, women, and persons with physical
17		disabilities physically disabled persons, reported on a
18		fiscal year basis;
19		(v) the total number of persons employed within the
20		agency work force as professionals, and the number and
21		percentage of minorities, women, and persons with physical
22		disabilities physically disabled persons employed within
23		the agency work force as professional employees; and
24		(vi) the total number of persons employed within the
25		agency work force as contractual service employees, and the
26		number and percentage of minorities, women, and persons

HB4049 Engrossed - 68 - LRB099 03667 KTG 23678 b
1		with physical disabilities physically disabled persons
2		employed within the agency work force as contractual
3		services employees.
4		(b) The numbers and percentages of minorities required to
5		be reported by this Section shall be identified by the
6		following categories:
7		(1) American Indian or Alaska Native (a person having
8		origins in any of the original peoples of North and South
9		America, including Central America, and who maintains
10		tribal affiliation or community attachment).
11		(2) Asian (a person having origins in any of the
12		original peoples of the Far East, Southeast Asia, or the
13		Indian subcontinent, including, but not limited to,
14		Cambodia, China, India, Japan, Korea, Malaysia, Pakistan,
15		the Philippine Islands, Thailand, and Vietnam).
16		(3) Black or African American (a person having origins
17		in any of the black racial groups of Africa). Terms such as
18		"Haitian" or "Negro" can be used in addition to "Black or
19		African American".
20		(4) Hispanic or Latino (a person of Cuban, Mexican,
21		Puerto Rican, South or Central American, or other Spanish
22		culture or origin, regardless of race).
23		(5) Native Hawaiian or Other Pacific Islander (a person
24		having origins in any of the original peoples of Hawaii,
25		Guam, Samoa, or other Pacific Islands).
26		Data concerning women shall be reported on a minority and

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1		nonminority basis. The numbers and percentages of persons with
2		physical disabilities physically disabled persons required to
3		be reported under this Section shall be identified by
4		categories as male and female.
5		(c) To accomplish consistent and uniform classification
6		and collection of information from each State agency, and to
7		ensure full compliance and that all required information is
8		provided, the Index Department of the Office of the Secretary
9		of State, in consultation with the Department of Human Rights,
10		the Department of Central Management Services, and the Office
11		of the Comptroller, shall develop appropriate forms to be used
12		by all State agencies subject to the reporting requirements of
13		this Act.
14		All State agencies shall make the reports required by this
15		Act using the forms developed under this subsection. The
16		reports must be certified and signed by an official of the
17		agency who is responsible for the information provided.
18		(Source: P.A. 97-396, eff. 1-1-12.)
19		Section 40. The Home for Disabled Soldiers Land Cession Act
20		is amended by changing Section 0.01 as follows:
21		(5 ILCS 510/0.01) (from Ch. 1, par. 3700)
22		Sec. 0.01. Short title. This Act may be cited as the
23		National Home for Disabled Volunteer Soldiers Home for Disabled
24		Soldiers Land Cession Act.

HB4049 Engrossed - 70 - LRB099 03667 KTG 23678 b
1		(Source: P.A. 86-1324.)
2		Section 45. The Election Code is amended by changing
3		Sections 1-3, 1-10, 4-6, 4-8.01, 4-8.01, 4-8.02, 5-5, 5-7.01,
4		5-7.02, 6-29, 6-35.01, 6-35.02, 6-50, 7-15, 11-4.1, 11-4.2,
5		11-4.3, 12-1, 17-13, 17-14, 17-17, 18-5.1, 19-5, 19-12.1,
6		19A-21, 19A-40, 24-9, and 24C-11 as follows:
7		(10 ILCS 5/1-3) (from Ch. 46, par. 1-3)
8		Sec. 1-3. As used in this Act, unless the context otherwise
9		requires:
10		1. "Election" includes the submission of all questions of
11		public policy, propositions, and all measures submitted to
12		popular vote, and includes primary elections when so indicated
13		by the context.
14		2. "Regular election" means the general, general primary,
15		consolidated and consolidated primary elections regularly
16		scheduled in Article 2A. The even numbered year municipal
17		primary established in Article 2A is a regular election only
18		with respect to those municipalities in which a primary is
19		required to be held on such date.
20		3. "Special election" means an election not regularly
21		recurring at fixed intervals, irrespective of whether it is
22		held at the same time and place and by the same election
23		officers as a regular election.
24		4. "General election" means the biennial election at which

HB4049 Engrossed - 71 - LRB099 03667 KTG 23678 b
1		members of the General Assembly are elected. "General primary
2		election", "consolidated election" and "consolidated primary
3		election" mean the respective elections or the election dates
4		designated and established in Article 2A of this Code.
5		5. "Municipal election" means an election or primary,
6		either regular or special, in cities, villages, and
7		incorporated towns; and "municipality" means any such city,
8		village or incorporated town.
9		6. "Political or governmental subdivision" means any unit
10		of local government, or school district in which elections are
11		or may be held. "Political or governmental subdivision" also
12		includes, for election purposes, Regional Boards of School
13		Trustees, and Township Boards of School Trustees.
14		7. The word "township" and the word "town" shall apply
15		interchangeably to the type of governmental organization
16		established in accordance with the provisions of the Township
17		Code. The term "incorporated town" shall mean a municipality
18		referred to as an incorporated town in the Illinois Municipal
19		Code, as now or hereafter amended.
20		8. "Election authority" means a county clerk or a Board of
21		Election Commissioners.
22		9. "Election Jurisdiction" means (a) an entire county, in
23		the case of a county in which no city board of election
24		commissioners is located or which is under the jurisdiction of
25		a county board of election commissioners; (b) the territorial
26		jurisdiction of a city board of election commissioners; and (c)

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1		the territory in a county outside of the jurisdiction of a city
2		board of election commissioners. In each instance election
3		jurisdiction shall be determined according to which election
4		authority maintains the permanent registration records of
5		qualified electors.
6		10. "Local election official" means the clerk or secretary
7		of a unit of local government or school district, as the case
8		may be, the treasurer of a township board of school trustees,
9		and the regional superintendent of schools with respect to the
10		various school officer elections and school referenda for which
11		the regional superintendent is assigned election duties by The
12		School Code, as now or hereafter amended.
13		11. "Judges of election", "primary judges" and similar
14		terms, as applied to cases where there are 2 sets of judges,
15		when used in connection with duties at an election during the
16		hours the polls are open, refer to the team of judges of
17		election on duty during such hours; and, when used with
18		reference to duties after the closing of the polls, refer to
19		the team of tally judges designated to count the vote after the
20		closing of the polls and the holdover judges designated
21		pursuant to Section 13-6.2 or 14-5.2. In such case, where,
22		after the closing of the polls, any act is required to be
23		performed by each of the judges of election, it shall be
24		performed by each of the tally judges and by each of the
25		holdover judges.
26		12. "Petition" of candidacy as used in Sections 7-10 and

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1		7-10.1 shall consist of a statement of candidacy, candidate's
2		statement containing oath, and sheets containing signatures of
3		qualified primary electors bound together.
4		13. "Election district" and "precinct", when used with
5		reference to a 30-day residence requirement, means the smallest
6		constituent territory in which electors vote as a unit at the
7		same polling place in any election governed by this Act.
8		14. "District" means any area which votes as a unit for the
9		election of any officer, other than the State or a unit of
10		local government or school district, and includes, but is not
11		limited to, legislative, congressional and judicial districts,
12		judicial circuits, county board districts, municipal and
13		sanitary district wards, school board districts, and
14		precincts.
15		15. "Question of public policy" or "public question" means
16		any question, proposition or measure submitted to the voters at
17		an election dealing with subject matter other than the
18		nomination or election of candidates and shall include, but is
19		not limited to, any bond or tax referendum, and questions
20		relating to the Constitution.
21		16. "Ordinance providing the form of government of a
22		municipality or county pursuant to Article VII of the
23		Constitution" includes ordinances, resolutions and petitions
24		adopted by referendum which provide for the form of government,
25		the officers or the manner of selection or terms of office of
26		officers of such municipality or county, pursuant to the

HB4049 Engrossed - 74 - LRB099 03667 KTG 23678 b
1		provisions of Sections 4, 6 or 7 of Article VII of the
2		Constitution.
3		17. "List" as used in Sections 4-11, 4-22, 5-14, 5-29,
4		6-60, and 6-66 shall include a computer tape or computer disc
5		or other electronic data processing information containing
6		voter information.
7		18. "Accessible" means accessible to persons with
8		disabilities handicapped and elderly individuals for the
9		purpose of voting or registration, as determined by rule of the
10		State Board of Elections.
11		19. "Elderly" means 65 years of age or older.
12		20. "Person with a disability Handicapped" means a person
13		having a temporary or permanent physical disability.
14		21. "Leading political party" means one of the two
15		political parties whose candidates for governor at the most
16		recent three gubernatorial elections received either the
17		highest or second highest average number of votes. The
18		political party whose candidates for governor received the
19		highest average number of votes shall be known as the first
20		leading political party and the political party whose
21		candidates for governor received the second highest average
22		number of votes shall be known as the second leading political
23		party.
24		22. "Business day" means any day in which the office of an
25		election authority, local election official or the State Board
26		of Elections is open to the public for a minimum of 7 hours.

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1		23. "Homeless individual" means any person who has a
2		nontraditional residence, including, but not limited to, a
3		shelter, day shelter, park bench, street corner, or space under
4		a bridge.
5		(Source: P.A. 96-1000, eff. 7-2-10.)
6		(10 ILCS 5/1-10)
7		Sec. 1-10. Public comment. Notwithstanding any law to the
8		contrary, the State Board of Elections in evaluating the
9		feasibility of any new voting system shall seek and accept
10		public comment from persons with disabilities of the disabled
11		community, including but not limited to organizations of the
12		blind.
13		(Source: P.A. 93-574, eff. 8-21-03.)
14		(10 ILCS 5/4-6) (from Ch. 46, par. 4-6)
15		Sec. 4-6. For the purpose of registering voters under this
16		Article in addition to the method provided for precinct
17		registration under Section 4-7, the office of the county clerk
18		shall be open every day, except Saturday, Sunday, and legal
19		holidays, from 9:00 a.m. to 5:00 p.m. On Saturdays the hours of
20		registration shall be from 9:00 a.m. to 12:00 noon, and such
21		additional hours as the county clerk may designate. If,
22		however, the county board otherwise duly regulates and fixes
23		the hours of opening and closing of all county offices at the
24		county seat of any county, such regulation shall control and

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1		supersede the hours herein specified. There shall be no
2		registration at the office of the county clerk or at the office
3		of municipal and township or road district clerks serving as
4		deputy registrars during the 27 days preceding any regular or
5		special election at which the cards provided in this Article
6		are used, or until the 2nd day following such regular or
7		special election; provided, that if by reason of the proximity
8		of any such elections to one another the effect of this
9		provision would be to close registrations for all or any part
10		of the 10 days immediately prior to such 27 day period, the
11		county clerk shall accept, solely for use in the subsequent and
12		not in any intervening election, registrations and transfers of
13		registration within the period from the 27th to the 38th days,
14		both inclusive, prior to such subsequent election. In any
15		election called for the submission of the revision or
16		alteration of, or the amendments to the Constitution, submitted
17		by a Constitutional Convention, the final day for registration
18		at the office of the election authority charged with the
19		printing of the ballot of this election shall be the 15th day
20		prior to the date of election.
21		Any qualified person residing within the county or any
22		portion thereof subject to this Article may register or
23		re-register with the county clerk.
24		Each county clerk shall appoint one or more registration or
25		re-registration teams for the purpose of accepting the
26		registration or re-registration of any voter who files an

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1		affidavit that he is physically unable to appear at any
2		appointed place of registration or re-registration. Each team
3		shall consist of one member of each political party having the
4		highest and second highest number of registered voters in the
5		county. The county clerk shall designate a team to visit each
6		person with a disability disabled person and shall accept the
7		registration or re-registration of each such person as if he
8		had applied for registration or re-registration at the office
9		of the county clerk.
10		As used in this Article, "deputy registrars" and
11		"registration officers" mean any person authorized to accept
12		registrations of electors under this Article.
13		(Source: P.A. 92-816, eff. 8-21-02.)
14		(10 ILCS 5/4-8.01) (from Ch. 46, par. 4-8.01)
15		Sec. 4-8.01. If an applicant for registration reports a
16		permanent physical disability which would require assistance
17		in voting, the county clerk shall mark all his registration
18		cards in the right margin on the front of the card with a band
19		of ink running the full margin which shall be of contrast to,
20		and easily distinguishable from, the color of the card. If an
21		applicant for registration declares upon properly witnessed
22		oath, with his signature or mark affixed, that he cannot read
23		the English language and that he will require assistance in
24		voting, all his registration cards shall be marked in a manner
25		similar to the marking on the cards of a voter who requires

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1		assistance because of physical disability, except that the
2		marking shall be of a different distinguishing color. Following
3		each election the cards of any voter who has requested
4		assistance as a voter with a disability disabled voter, and has
5		stated that the disability is permanent, or who has received
6		assistance because of inability to read the English language,
7		shall be marked in the same manner.
8		(Source: Laws 1967, p. 3525.)
9		(10 ILCS 5/4-8.02) (from Ch. 46, par. 4-8.02)
10		Sec. 4-8.02. Upon the issuance of a disabled voter's
11		identification card for persons with disabilities as provided
12		in Section 19-12.1, the county clerk shall cause the
13		identification number of such card to be clearly noted on all
14		the registration cards of such voter.
15		(Source: P.A. 78-320.)
16		(10 ILCS 5/5-5) (from Ch. 46, par. 5-5)
17		Sec. 5-5. For the purpose of registering voters under this
18		Article 5, in addition to the method provided for precinct
19		registration under Sections 5-6 and 5-17 of this Article 5, the
20		office of the county clerk shall be open between 9:00 a. m. and
21		5:00 p. m. on all days except Saturday, Sunday and holidays,
22		but there shall be no registration at such office during the 35
23		days immediately preceding any election required to be held
24		under the law but if no precinct registration is being

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1		conducted prior to any election then registration may be taken
2		in the office of the county clerk up to and including the 28th
3		day prior to an election. On Saturdays, the hours of
4		registration shall be from 9:00 a. m. to 12:00 p. m. noon.
5		During such 35 or 27 day period, registration of electors of
6		political subdivisions wherein a regular, or special election
7		is required to be held shall cease and shall not be resumed for
8		the registration of electors of such political subdivisions
9		until the second day following the day of such election. In any
10		election called for the submission of the revision or
11		alteration of, or the amendments to the Constitution, submitted
12		by a Constitutional Convention, the final day for registration
13		at the office of the election authority charged with the
14		printing of the ballot of this election shall be the 15th day
15		prior to the date of the election.
16		Each county clerk shall appoint one deputy for the purpose
17		of accepting the registration of any voter who files an
18		affidavit that he is physically unable to appear at any
19		appointed place of registration. The county clerk shall
20		designate a deputy to visit each person with a disability
21		disabled person and shall accept the registration of each such
22		person as if he had applied for registration at the office of
23		the county clerk.
24		The offices of city, village, incorporated town and town
25		clerks shall also be open for the purpose of registering voters
26		residing in the territory in which this Article is in effect,

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1		and also, in the case of city, village and incorporated town
2		clerks, for the purpose of registering voters residing in a
3		portion of the city, village or incorporated town not located
4		within the county, on all days on which the office of the
5		county clerk is open for the registration of voters of such
6		cities, villages, incorporated towns and townships.
7		(Source: P.A. 92-816, eff. 8-21-02.)
8		(10 ILCS 5/5-7.01) (from Ch. 46, par. 5-7.01)
9		Sec. 5-7.01. If an applicant for registration reports a
10		permanent physical disability which would require assistance
11		in voting, the county clerk shall mark all his registration
12		cards in the right margin on the front of the card with a band
13		of ink running the full margin which shall be of contrast to,
14		and easily distinguishable from, the color of the card. If an
15		applicant for registration declares upon properly witnessed
16		oath, with his signature or mark affixed, that he cannot read
17		the English language and that he will require assistance in
18		voting, all his registration cards shall be marked in a manner
19		similar to the marking on the cards of a voter who requires
20		assistance because of physical disability, except that the
21		marking shall be of a different distinguishing color. Following
22		each election the cards of any voter who has requested
23		assistance as a voter with a disability disabled voter, and has
24		stated that the disability is permanent, or who has received
25		assistance because of inability to read the English language,

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1		shall be marked in the same manner.
2		(Source: Laws 1967, p. 3524.)
3		(10 ILCS 5/5-7.02) (from Ch. 46, par. 5-7.02)
4		Sec. 5-7.02. Upon the issuance of a disabled voter's
5		identification card for persons with disabilities as provided
6		in Section 19-12.1, the county clerk shall cause the
7		identification number of such card to be clearly noted on all
8		the registration cards of such voter.
9		(Source: P.A. 78-320.)
10		(10 ILCS 5/6-29) (from Ch. 46, par. 6-29)
11		(Text of Section before amendment by P.A. 98-1171)
12		Sec. 6-29. For the purpose of registering voters under this
13		Article, the office of the Board of Election Commissioners
14		shall be open during ordinary business hours of each week day,
15		from 9 a.m. to 12 o'clock noon on the last four Saturdays
16		immediately preceding the end of the period of registration
17		preceding each election, and such other days and such other
18		times as the board may direct. During the 27 days immediately
19		preceding any election there shall be no registration of voters
20		at the office of the Board of Election Commissioners in cities,
21		villages and incorporated towns of fewer than 200,000
22		inhabitants. In cities, villages and incorporated towns of
23		200,000 or more inhabitants, there shall be no registration of
24		voters at the office of the Board of Election Commissioners

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1		during the 35 days immediately preceding any election;
2		provided, however, where no precinct registration is being
3		conducted prior to any election then registration may be taken
4		in the office of the Board up to and including the 28th day
5		prior to such election. The Board of Election Commissioners may
6		set up and establish as many branch offices for the purpose of
7		taking registrations as it may deem necessary, and the branch
8		offices may be open on any or all dates and hours during which
9		registrations may be taken in the main office. All officers and
10		employees of the Board of Election Commissioners who are
11		authorized by such board to take registrations under this
12		Article shall be considered officers of the circuit court, and
13		shall be subject to the same control as is provided by Section
14		14-5 of this Act with respect to judges of election.
15		In any election called for the submission of the revision
16		or alteration of, or the amendments to the Constitution,
17		submitted by a Constitutional Convention, the final day for
18		registration at the office of the election authority charged
19		with the printing of the ballot of this election shall be the
20		15th day prior to the date of election.
21		The Board of Election Commissioners shall appoint one or
22		more registration teams, consisting of 2 of its employees for
23		each team, for the purpose of accepting the registration of any
24		voter who files an affidavit, within the period for taking
25		registrations provided for in this Article, that he is
26		physically unable to appear at the office of the Board or at

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1		any appointed place of registration. On the day or days when a
2		precinct registration is being conducted such teams shall
3		consist of one member from each of the 2 leading political
4		parties who are serving on the Precinct Registration Board.
5		Each team so designated shall visit each person with a
6		disability disabled person and shall accept the registration of
7		such person the same as if he had applied for registration in
8		person.
9		Any otherwise qualified person who is absent from his
10		county of residence due to business of the United States, or
11		who is temporarily residing outside the territorial limits of
12		the United States, may make application to become registered by
13		mail to the Board of Election Commissioners within the periods
14		for registration provided for in this Article or by
15		simultaneous application for absentee registration and
16		absentee ballot as provided in Article 20 of this Code.
17		Upon receipt of such application the Board of Election
18		Commissioners shall immediately mail an affidavit of
19		registration in duplicate, which affidavit shall contain the
20		following and such other information as the State Board of
21		Elections may think it proper to require for the identification
22		of the applicant:
23		Name. The name of the applicant, giving surname and first
24		or Christian name in full, and the middle name or the initial
25		for such middle name, if any.
26		Sex.

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

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1		precinct 30 days; that I am fully qualified to vote, that I am
2		not registered to vote anywhere else in the United States, that
3		I intend to remain a resident of the State of Illinois, and of
4		the election precinct, that I intend to return to the State of
5		Illinois, and that the above statements are true.
6		..............................
7		(His or her signature or mark)
8		Subscribed and sworn to before me, an officer qualified to
9		administer oaths, on (insert date).
10		........................................
11		Signature of officer administering oath.
12		Upon receipt of the executed duplicate affidavit of
13		Registration, the Board of Election Commissioners shall
14		transfer the information contained thereon to duplicate
15		Registration Cards provided for in Section 6-35 of this Article
16		and shall attach thereto a copy of each of the duplicate
17		affidavit of registration and thereafter such registration
18		card and affidavit shall constitute the registration of such
19		person the same as if he had applied for registration in
20		person.
21		(Source: P.A. 98-115, eff. 10-1-13.)
22		(Text of Section after amendment by P.A. 98-1171)
23		Sec. 6-29. For the purpose of registering voters under this
24		Article, the office of the Board of Election Commissioners
25		shall be open during ordinary business hours of each week day,

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1		from 9 a.m. to 12 o'clock noon on the last four Saturdays
2		immediately preceding the end of the period of registration
3		preceding each election, and such other days and such other
4		times as the board may direct. During the 27 days immediately
5		preceding any election there shall be no registration of voters
6		at the office of the Board of Election Commissioners in cities,
7		villages and incorporated towns of fewer than 200,000
8		inhabitants. In cities, villages and incorporated towns of
9		200,000 or more inhabitants, there shall be no registration of
10		voters at the office of the Board of Election Commissioners
11		during the 35 days immediately preceding any election;
12		provided, however, where no precinct registration is being
13		conducted prior to any election then registration may be taken
14		in the office of the Board up to and including the 28th day
15		prior to such election. The Board of Election Commissioners may
16		set up and establish as many branch offices for the purpose of
17		taking registrations as it may deem necessary, and the branch
18		offices may be open on any or all dates and hours during which
19		registrations may be taken in the main office. All officers and
20		employees of the Board of Election Commissioners who are
21		authorized by such board to take registrations under this
22		Article shall be considered officers of the circuit court, and
23		shall be subject to the same control as is provided by Section
24		14-5 of this Act with respect to judges of election.
25		In any election called for the submission of the revision
26		or alteration of, or the amendments to the Constitution,

HB4049 Engrossed - 87 - LRB099 03667 KTG 23678 b
1		submitted by a Constitutional Convention, the final day for
2		registration at the office of the election authority charged
3		with the printing of the ballot of this election shall be the
4		15th day prior to the date of election.
5		The Board of Election Commissioners shall appoint one or
6		more registration teams, consisting of 2 of its employees for
7		each team, for the purpose of accepting the registration of any
8		voter who files an affidavit, within the period for taking
9		registrations provided for in this Article, that he is
10		physically unable to appear at the office of the Board or at
11		any appointed place of registration. On the day or days when a
12		precinct registration is being conducted such teams shall
13		consist of one member from each of the 2 leading political
14		parties who are serving on the Precinct Registration Board.
15		Each team so designated shall visit each person with a
16		disability disabled person and shall accept the registration of
17		such person the same as if he had applied for registration in
18		person.
19		Any otherwise qualified person who is absent from his
20		county of residence due to business of the United States, or
21		who is temporarily residing outside the territorial limits of
22		the United States, may make application to become registered by
23		mail to the Board of Election Commissioners within the periods
24		for registration provided for in this Article or by
25		simultaneous application for registration by mail and vote by
26		mail ballot as provided in Article 20 of this Code.

HB4049 Engrossed - 88 - LRB099 03667 KTG 23678 b
1		Upon receipt of such application the Board of Election
2		Commissioners shall immediately mail an affidavit of
3		registration in duplicate, which affidavit shall contain the
4		following and such other information as the State Board of
5		Elections may think it proper to require for the identification
6		of the applicant:
7		Name. The name of the applicant, giving surname and first
8		or Christian name in full, and the middle name or the initial
9		for such middle name, if any.
10		Sex.
11		Residence. The name and number of the street, avenue or
12		other location of the dwelling, and such additional clear and
13		definite description as may be necessary to determine the exact
14		location of the dwelling of the applicant. Where the location
15		cannot be determined by street and number, then the section,
16		congressional township and range number may be used, or such
17		other information as may be necessary, including post office
18		mailing address.
19		Electronic mail address, if the registrant has provided
20		this information.
21		Term of residence in the State of Illinois and the
22		precinct.
23		Nativity. The state or country in which the applicant was
24		born.
25		Citizenship. Whether the applicant is native born or
26		naturalized. If naturalized, the court, place and date of

HB4049 Engrossed - 89 - LRB099 03667 KTG 23678 b
1		naturalization.
2		Age. Date of birth, by month, day and year.
3		Out of State address of ..................
4		AFFIDAVIT OF REGISTRATION
5		State of .........)
6		) ss.
7		County of ........)
8		I hereby swear (or affirm) that I am a citizen of the
9		United States; that on the day of the next election I shall
10		have resided in the State of Illinois and in the election
11		precinct 30 days; that I am fully qualified to vote, that I am
12		not registered to vote anywhere else in the United States, that
13		I intend to remain a resident of the State of Illinois, and of
14		the election precinct, that I intend to return to the State of
15		Illinois, and that the above statements are true.
16		..............................
17		(His or her signature or mark)
18		Subscribed and sworn to before me, an officer qualified to
19		administer oaths, on (insert date).
20		........................................
21		Signature of officer administering oath.
22		Upon receipt of the executed duplicate affidavit of
23		Registration, the Board of Election Commissioners shall
24		transfer the information contained thereon to duplicate
25		Registration Cards provided for in Section 6-35 of this Article
26		and shall attach thereto a copy of each of the duplicate

HB4049 Engrossed - 90 - LRB099 03667 KTG 23678 b
1		affidavit of registration and thereafter such registration
2		card and affidavit shall constitute the registration of such
3		person the same as if he had applied for registration in
4		person.
5		(Source: P.A. 98-115, eff. 10-1-13; 98-1171, eff. 6-1-15.)
6		(10 ILCS 5/6-35.01) (from Ch. 46, par. 6-35.01)
7		Sec. 6-35.01. If an applicant for registration reports a
8		permanent physical disability which would require assistance
9		in voting, the board of election commissioners shall mark all
10		his registration cards in the right margin on the front of the
11		card with a band of ink running the full margin which shall be
12		of contrast to, and easily distinguishable from, the color of
13		the card. If an applicant for registration declares upon
14		properly witnessed oath, with his signature or mark affixed,
15		that he cannot read the English language and that he will
16		require assistance in voting, all his registration cards shall
17		be marked in a manner similar to the marking on the cards of a
18		voter who requires assistance because of physical disability,
19		except that the marking shall be of a different distinguishing
20		color. Following each election the cards of any voter who has
21		requested assistance as a voter with a disability disabled
22		voter, and has stated that the disability is permanent, or who
23		has received assistance because of inability to read the
24		English language, shall be marked in the same manner.
25		(Source: Laws 1967, p. 3524.)

HB4049 Engrossed - 91 - LRB099 03667 KTG 23678 b
1		(10 ILCS 5/6-35.02) (from Ch. 46, par. 6-35.02)
2		Sec. 6-35.02. Upon the issuance of a disabled voter's
3		identification card for persons with disabilities as provided
4		in Section 19-12.1, the board of election commissioners shall
5		cause the identification number of such card to be clearly
6		noted on all the registration cards of such voter.
7		(Source: P.A. 78-320.)
8		(10 ILCS 5/6-50) (from Ch. 46, par. 6-50)
9		Sec. 6-50. The office of the board of election
10		commissioners shall be open during ordinary business hours of
11		each week day, from 9 a.m. to 12 o'clock noon on the last four
12		Saturdays immediately preceding the end of the period of
13		registration preceding each election, and such other days and
14		such other times as the board may direct. There shall be no
15		registration at the office of the board of election
16		commissioners in cities, villages and incorporated towns of
17		fewer than 200,000 inhabitants during the 27 days preceding any
18		primary, regular or special election at which the cards
19		provided for in this article are used, or until the second day
20		following such primary, regular or special election. In cities,
21		villages and incorporated towns of 200,000 or more inhabitants,
22		there shall be no registration of voters at the office of the
23		board of election commissioners during the 35 days immediately
24		preceding any election; provided, however, where no precinct

HB4049 Engrossed - 92 - LRB099 03667 KTG 23678 b
1		registration is being conducted prior to any election then
2		registration may be taken in the office of the board up to and
3		including the 28th day prior to such election. In any election
4		called for the submission of the revision or alteration of, or
5		the amendments to the Constitution, submitted by a
6		Constitutional Convention, the final day for registration at
7		the office of the election authority charged with the printing
8		of the ballot of this election shall be the 15th day prior to
9		the date of election.
10		The Board of Election Commissioners shall appoint one or
11		more registration teams, each consisting of one member from
12		each of the 2 leading political parties, for the purpose of
13		accepting the registration of any voter who files an affidavit,
14		within the period for taking registrations provided for in this
15		Article, that he is physically unable to appear at the office
16		of the Board or at any appointed place of registration. On the
17		day or days when a precinct registration is being conducted
18		such teams shall consist of one member from each of the 2
19		leading political parties who are serving on the precinct
20		registration board. Each team so designated shall visit each
21		person with a disability disabled person and shall accept the
22		registration of such person the same as if he had applied for
23		registration in person.
24		The office of the board of election commissioners may be
25		designated as a place of registration under Section 6-51 of
26		this Article and, if so designated, may also be open for

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1		purposes of registration on such day or days as may be
2		specified by the board of election commissioners under the
3		provisions of that Section.
4		(Source: P.A. 92-816, eff. 8-21-02.)
5		(10 ILCS 5/7-15) (from Ch. 46, par. 7-15)
6		(Text of Section before amendment by P.A. 98-1171)
7		Sec. 7-15. At least 60 days prior to each general and
8		consolidated primary, the election authority shall provide
9		public notice, calculated to reach elderly voters and voters
10		with disabilities and handicapped voters, of the availability
11		of registration and voting aids under the Federal Voting
12		Accessibility for the Elderly and Handicapped Act, of the
13		availability of assistance in marking the ballot, procedures
14		for voting by absentee ballot, and procedures for early voting
15		by personal appearance. At least 20 days before the general
16		primary the county clerk of each county, and not more than 30
17		nor less than 10 days before the consolidated primary the
18		election authority, shall prepare in the manner provided in
19		this Act, a notice of such primary which notice shall state the
20		time and place of holding the primary, the hours during which
21		the polls will be open, the offices for which candidates will
22		be nominated at such primary and the political parties entitled
23		to participate therein, notwithstanding that no candidate of
24		any such political party may be entitled to have his name
25		printed on the primary ballot. Such notice shall also include

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1		the list of addresses of precinct polling places for the
2		consolidated primary unless such list is separately published
3		by the election authority not less than 10 days before the
4		consolidated primary.
5		In counties, municipalities, or towns having fewer than
6		500,000 inhabitants notice of the general primary shall be
7		published once in two or more newspapers published in the
8		county, municipality or town, as the case may be, or if there
9		is no such newspaper, then in any two or more newspapers
10		published in the county and having a general circulation
11		throughout the community.
12		In counties, municipalities, or towns having 500,000 or
13		more inhabitants notice of the general primary shall be
14		published at least 15 days prior to the primary by the same
15		authorities and in the same manner as notice of election for
16		general elections are required to be published in counties,
17		municipalities or towns of 500,000 or more inhabitants under
18		this Act.
19		Notice of the consolidated primary shall be published once
20		in one or more newspapers published in each political
21		subdivision having such primary, and if there is no such
22		newspaper, then published once in a local, community newspaper
23		having general circulation in the subdivision, and also once in
24		a newspaper published in the county wherein the political
25		subdivisions, or portions thereof, having such primary are
26		situated.

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1		(Source: P.A. 94-645, eff. 8-22-05.)
2		(Text of Section after amendment by P.A. 98-1171)
3		Sec. 7-15. At least 60 days prior to each general and
4		consolidated primary, the election authority shall provide
5		public notice, calculated to reach elderly voters and voters
6		with disabilities and handicapped voters, of the availability
7		of registration and voting aids under the Federal Voting
8		Accessibility for the Elderly and Handicapped Act, of the
9		availability of assistance in marking the ballot, procedures
10		for voting by a vote by mail ballot, and procedures for early
11		voting by personal appearance. At least 20 days before the
12		general primary the county clerk of each county, and not more
13		than 30 nor less than 10 days before the consolidated primary
14		the election authority, shall prepare in the manner provided in
15		this Act, a notice of such primary which notice shall state the
16		time and place of holding the primary, the hours during which
17		the polls will be open, the offices for which candidates will
18		be nominated at such primary and the political parties entitled
19		to participate therein, notwithstanding that no candidate of
20		any such political party may be entitled to have his name
21		printed on the primary ballot. Such notice shall also include
22		the list of addresses of precinct polling places for the
23		consolidated primary unless such list is separately published
24		by the election authority not less than 10 days before the
25		consolidated primary.

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1		In counties, municipalities, or towns having fewer than
2		500,000 inhabitants notice of the general primary shall be
3		published once in two or more newspapers published in the
4		county, municipality or town, as the case may be, or if there
5		is no such newspaper, then in any two or more newspapers
6		published in the county and having a general circulation
7		throughout the community.
8		In counties, municipalities, or towns having 500,000 or
9		more inhabitants notice of the general primary shall be
10		published at least 15 days prior to the primary by the same
11		authorities and in the same manner as notice of election for
12		general elections are required to be published in counties,
13		municipalities or towns of 500,000 or more inhabitants under
14		this Act.
15		Notice of the consolidated primary shall be published once
16		in one or more newspapers published in each political
17		subdivision having such primary, and if there is no such
18		newspaper, then published once in a local, community newspaper
19		having general circulation in the subdivision, and also once in
20		a newspaper published in the county wherein the political
21		subdivisions, or portions thereof, having such primary are
22		situated.
23		(Source: P.A. 98-1171, eff. 6-1-15.)
24		(10 ILCS 5/11-4.1) (from Ch. 46, par. 11-4.1)
25		(Text of Section before amendment by P.A. 98-1171)

HB4049 Engrossed - 97 - LRB099 03667 KTG 23678 b
1		Sec. 11-4.1. (a) In appointing polling places under this
2		Article, the county board or board of election commissioners
3		shall, insofar as they are convenient and available, use
4		schools and other public buildings as polling places.
5		(b) Upon request of the county board or board of election
6		commissioners, the proper agency of government (including
7		school districts and units of local government) shall make a
8		public building under its control available for use as a
9		polling place on an election day and for a reasonably necessary
10		time before and after election day, without charge. If the
11		county board or board of election commissioners chooses a
12		school to be a polling place, then the school district must
13		make the school available for use as a polling place. However,
14		for the day of the election, a school district is encouraged to
15		(i) close the school or (ii) hold a teachers institute on that
16		day with students not in attendance.
17		(c) A government agency which makes a public building under
18		its control available for use as a polling place shall (i)
19		ensure the portion of the building to be used as the polling
20		place is accessible to voters with disabilities handicapped and
21		elderly voters and (ii) allow the election authority to
22		administer the election as authorized under this Code.
23		(d) If a qualified elector's precinct polling place is a
24		school and the elector will be unable to enter that polling
25		place without violating Section 11-9.3 of the Criminal Code of
26		2012 because the elector is a child sex offender as defined in

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1		Section 11-9.3 of the Criminal Code of 2012, that elector may
2		vote by absentee ballot in accordance with Article 19 of this
3		Code or may vote early in accordance with Article 19A of this
4		Code.
5		(Source: P.A. 97-1150, eff. 1-25-13; 98-773, eff. 7-18-14.)
6		(Text of Section after amendment by P.A. 98-1171)
7		Sec. 11-4.1. (a) In appointing polling places under this
8		Article, the county board or board of election commissioners
9		shall, insofar as they are convenient and available, use
10		schools and other public buildings as polling places.
11		(b) Upon request of the county board or board of election
12		commissioners, the proper agency of government (including
13		school districts and units of local government) shall make a
14		public building under its control available for use as a
15		polling place on an election day and for a reasonably necessary
16		time before and after election day, without charge. If the
17		county board or board of election commissioners chooses a
18		school to be a polling place, then the school district must
19		make the school available for use as a polling place. However,
20		for the day of the election, a school district is encouraged to
21		(i) close the school or (ii) hold a teachers institute on that
22		day with students not in attendance.
23		(c) A government agency which makes a public building under
24		its control available for use as a polling place shall (i)
25		ensure the portion of the building to be used as the polling

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1		place is accessible to voters with disabilities handicapped and
2		elderly voters and (ii) allow the election authority to
3		administer the election as authorized under this Code.
4		(d) If a qualified elector's precinct polling place is a
5		school and the elector will be unable to enter that polling
6		place without violating Section 11-9.3 of the Criminal Code of
7		2012 because the elector is a child sex offender as defined in
8		Section 11-9.3 of the Criminal Code of 2012, that elector may
9		vote by a vote by mail ballot in accordance with Article 19 of
10		this Code or may vote early in accordance with Article 19A of
11		this Code.
12		(Source: P.A. 97-1150, eff. 1-25-13; 98-773, eff. 7-18-14;
13		98-1171, eff. 6-1-15.)
14		(10 ILCS 5/11-4.2) (from Ch. 46, par. 11-4.2)
15		Sec. 11-4.2. (a) Except as otherwise provided in subsection
16		(b) all polling places shall be accessible to voters with
17		disabilities handicapped and elderly voters, as determined by
18		rule of the State Board of Elections.
19		(b) Subsection (a) of this Section shall not apply to a
20		polling place (1) in the case of an emergency, as determined by
21		the State Board of Elections; or (2) if the State Board of
22		Elections (A) determines that all potential polling places have
23		been surveyed and no such accessible place is available, nor is
24		the election authority able to make one accessible; and (B)
25		assures that any voter with a disability handicapped or elderly

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1		voter assigned to an inaccessible polling place, upon advance
2		request of such voter (pursuant to procedures established by
3		rule of the State Board of Elections) will be provided with an
4		alternative means for casting a ballot on the day of the
5		election or will be assigned to an accessible polling place.
6		(c) No later than December 31 of each even numbered year,
7		the State Board of Elections shall report to the Federal
8		Election Commission the number of accessible and inaccessible
9		polling places in the State on the date of the next preceding
10		general election, and the reasons for any instance of
11		inaccessibility.
12		(Source: P.A. 84-808.)
13		(10 ILCS 5/11-4.3) (from Ch. 46, par. 11-4.3)
14		Sec. 11-4.3. All polling places and permanent registration
15		facilities shall have available registration and voting aids
16		for persons with disabilities handicapped and elderly
17		individuals including instructions, printed in large type,
18		conspicuously displayed.
19		(Source: P.A. 84-808.)
20		(10 ILCS 5/12-1) (from Ch. 46, par. 12-1)
21		(Text of Section before amendment by P.A. 98-1171)
22		Sec. 12-1. At least 60 days prior to each general and
23		consolidated election, the election authority shall provide
24		public notice, calculated to reach elderly voters and voters

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1		with disabilities and handicapped voters, of the availability
2		of registration and voting aids under the Federal Voting
3		Accessibility for the Elderly and Handicapped Act, of the
4		availability of assistance in marking the ballot, procedures
5		for voting by absentee ballot, and procedures for voting early
6		by personal appearance.
7		At least 30 days before any general election, and at least
8		20 days before any special congressional election, the county
9		clerk shall publish a notice of the election in 2 or more
10		newspapers published in the county, city, village,
11		incorporated town or town, as the case may be, or if there is
12		no such newspaper, then in any 2 or more newspapers published
13		in the county and having a general circulation throughout the
14		community. The notice may be substantially as follows:
15		Notice is hereby given that on (give date), at (give the
16		place of holding the election and the name of the precinct or
17		district) in the county of (name county), an election will be
18		held for (give the title of the several offices to be filled),
19		which election will be open at 6:00 a.m. and continued open
20		until 7:00 p.m. of that day.
21		Dated at .... on (insert date).
22		(Source: P.A. 94-645, eff. 8-22-05.)
23		(Text of Section after amendment by P.A. 98-1171)
24		Sec. 12-1. At least 60 days prior to each general and
25		consolidated election, the election authority shall provide

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1		public notice, calculated to reach elderly voters and voters
2		with disabilities and handicapped voters, of the availability
3		of registration and voting aids under the Federal Voting
4		Accessibility for the Elderly and Handicapped Act, of the
5		availability of assistance in marking the ballot, procedures
6		for voting by vote by mail ballot, and procedures for voting
7		early by personal appearance.
8		At least 30 days before any general election, and at least
9		20 days before any special congressional election, the county
10		clerk shall publish a notice of the election in 2 or more
11		newspapers published in the county, city, village,
12		incorporated town or town, as the case may be, or if there is
13		no such newspaper, then in any 2 or more newspapers published
14		in the county and having a general circulation throughout the
15		community. The notice may be substantially as follows:
16		Notice is hereby given that on (give date), at (give the
17		place of holding the election and the name of the precinct or
18		district) in the county of (name county), an election will be
19		held for (give the title of the several offices to be filled),
20		which election will be open at 6:00 a.m. and continued open
21		until 7:00 p.m. of that day.
22		Dated at .... on (insert date).
23		(Source: P.A. 98-1171, eff. 6-1-15.)
24		(10 ILCS 5/17-13) (from Ch. 46, par. 17-13)
25		Sec. 17-13. (a) In the case of an emergency, as determined

HB4049 Engrossed - 103 - LRB099 03667 KTG 23678 b
1		by the State Board of Elections, or if the Board determines
2		that all potential polling places have been surveyed by the
3		election authority and that no accessible polling place, as
4		defined by rule of the State Board of Elections, is available
5		within a precinct nor is the election authority able to make a
6		polling place within the precinct temporarily accessible, the
7		Board, upon written application by the election authority, is
8		authorized to grant an exemption from the accessibility
9		requirements of the Federal Voting Accessibility for the
10		Elderly and Handicapped Act (Public Law 98-435). Such exemption
11		shall be valid for a period of 2 years.
12		(b) Any voter with a temporary or permanent disability
13		temporarily or permanently physically disabled voter who,
14		because of structural features of the building in which the
15		polling place is located, is unable to access or enter the
16		polling place, may request that 2 judges of election of
17		opposite party affiliation deliver a ballot to him or her at
18		the point where he or she is unable to continue forward motion
19		toward the polling place; but, in no case, shall a ballot be
20		delivered to the voter beyond 50 feet of the entrance to the
21		building in which the polling place is located. Such request
22		shall be made to the election authority not later than the
23		close of business at the election authority's office on the day
24		before the election and on a form prescribed by the State Board
25		of Elections. The election authority shall notify the judges of
26		election for the appropriate precinct polling places of such

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1		requests.
2		Weather permitting, 2 judges of election shall deliver to
3		the voter with a disability disabled voter the ballot which he
4		or she is entitled to vote, a portable voting booth or other
5		enclosure that will allow such voter to mark his or her ballot
6		in secrecy, and a marking device.
7		(c) The voter must complete the entire voting process,
8		including the application for ballot from which the judges of
9		election shall compare the voter's signature with the signature
10		on his or her registration record card in the precinct binder.
11		After the voter has marked his or her ballot and placed it
12		in the ballot envelope (or folded it in the manner prescribed
13		for paper ballots), the 2 judges of election shall return the
14		ballot to the polling place and give it to the judge in charge
15		of the ballot box who shall deposit it therein.
16		Pollwatchers as provided in Sections 7-34 and 17-23 of this
17		Code shall be permitted to accompany the judges and observe the
18		above procedure.
19		No assistance may be given to such voter in marking his or
20		her ballot, unless the voter requests assistance and completes
21		the affidavit required by Section 17-14 of this Code.
22		(Source: P.A. 84-808.)
23		(10 ILCS 5/17-14) (from Ch. 46, par. 17-14)
24		Sec. 17-14. Any voter who declares upon oath, properly
25		witnessed and with his or her signature or mark affixed, that

HB4049 Engrossed - 105 - LRB099 03667 KTG 23678 b
1		he or she requires assistance to vote by reason of blindness,
2		physical disability or inability to read, write or speak the
3		English language shall, upon request, be assisted in marking
4		his or her ballot, by 2 judges of election of different
5		political parties, to be selected by all judges of election of
6		each precinct at the opening of the polls or by a person of the
7		voter's choice, other than the voter's employer or agent of
8		that employer or officer or agent of the voter's union. A voter
9		who presents an Illinois Person with a Disability
10		Identification Card, issued to that person under the provisions
11		of the Illinois Identification Card Act, indicating that such
12		voter has a Class 1A or Class 2 disability under the provisions
13		of Section 4A of the Illinois Identification Card Act, or a
14		voter who declares upon oath, properly witnessed, that by
15		reason of any physical disability he is unable to mark his
16		ballot shall, upon request, be assisted in marking his ballot
17		by 2 of the election officers of different parties as provided
18		above in this Section or by a person of the voter's choice
19		other than the voter's employer or agent of that employer or
20		officer or agent of the voter's union. Such voter shall state
21		specifically the reason why he cannot vote without assistance
22		and, in the case of a voter with a physical disability
23		physically disabled voter, what his physical disability is.
24		Prior to entering the voting booth, the person providing the
25		assistance, if other than 2 judges of election, shall be
26		presented with written instructions on how assistance shall be

HB4049 Engrossed - 106 - LRB099 03667 KTG 23678 b
1		provided. This instruction shall be prescribed by the State
2		Board of Elections and shall include the penalties for
3		attempting to influence the voter's choice of candidates,
4		party, or votes in relation to any question on the ballot and
5		for not marking the ballot as directed by the voter.
6		Additionally, the person providing the assistance shall sign an
7		oath, swearing not to influence the voter's choice of
8		candidates, party, or votes in relation to any question on the
9		ballot and to cast the ballot as directed by the voter. The
10		oath shall be prescribed by the State Board of Elections and
11		shall include the penalty for violating this Section. In the
12		voting booth, such person shall mark the ballot as directed by
13		the voter, and shall thereafter give no information regarding
14		the same. The judges of election shall enter upon the poll
15		lists or official poll record after the name of any elector who
16		received such assistance in marking his ballot a memorandum of
17		the fact and if the disability is permanent. Intoxication shall
18		not be regarded as a physical disability, and no intoxicated
19		person shall be entitled to assistance in marking his ballot.
20		No person shall secure or attempt to secure assistance in
21		voting who is not blind, a person with a physical disability,
22		physically disabled or illiterate as herein provided, nor shall
23		any person knowingly assist a voter in voting contrary to the
24		provisions of this Section.
25		(Source: P.A. 97-1064, eff. 1-1-13.)

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1		(10 ILCS 5/17-17) (from Ch. 46, par. 17-17)
2		Sec. 17-17. After the opening of the polls no adjournment
3		shall be had nor shall any recess be taken, until all the votes
4		cast at such election have been counted and the result publicly
5		announced, except that when necessary one judge at a time may
6		leave the polling place for a reasonable time during the
7		casting of ballots, and except that when a polling place is
8		inaccessible to a voter with a disability disabled voter, one
9		team of 2 judges of opposite party affiliation may leave the
10		polling place to deliver a ballot to such voter, as provided in
11		Sections 7-47.1 and 17-13 of this Code. When a judge leaves and
12		returns, such judge shall sign a time sheet indicating the
13		length of the period such judge is absent from his duties. When
14		absent, the judge shall authorize someone of the same political
15		party as himself to act for him until he returns.
16		Where voting machines or electronic voting systems are
17		used, the provisions of this section may be modified as
18		required or authorized by Article 24 or Article 24A, whichever
19		is applicable.
20		(Source: P.A. 91-357, eff. 7-29-99.)
21		(10 ILCS 5/18-5.1) (from Ch. 46, par. 18-5.1)
22		Sec. 18-5.1. The provisions of Section 17-13, insofar as
23		they may be made applicable to voters with disabilities
24		disabled voters in elections under the jurisdiction of boards
25		of election commissioners, shall be applicable herein.

HB4049 Engrossed - 108 - LRB099 03667 KTG 23678 b
1		(Source: P.A. 84-808.)
2		(10 ILCS 5/19-5) (from Ch. 46, par. 19-5)
3		(Text of Section before amendment by P.A. 98-1171)
4		Sec. 19-5. It shall be the duty of the election authority
5		to fold the ballot or ballots in the manner specified by the
6		statute for folding ballots prior to their deposit in the
7		ballot box, and to enclose such ballot or ballots in an
8		envelope unsealed to be furnished by him, which envelope shall
9		bear upon the face thereof the name, official title and post
10		office address of the election authority, and upon the other
11		side a printed certification in substantially the following
12		form:
13		I state that I am a resident of the .... precinct of the
14		(1) *township of .... (2) *City of .... or (3) *.... ward in
15		the city of .... residing at .... in such city or town in the
16		county of .... and State of Illinois, that I have lived at such
17		address for .... months last past; and that I am lawfully
18		entitled to vote in such precinct at the .... election to be
19		held on .....
20		*fill in either (1), (2) or (3).
21		I further state that I personally marked the enclosed
22		ballot in secret.
23		Under penalties of perjury as provided by law pursuant to
24		Section 29-10 of The Election Code, the undersigned certifies
25		that the statements set forth in this certification are true

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1		and correct.
2		.......................
3		If the ballot is to go to an elector who is physically
4		incapacitated and needs assistance marking the ballot, the
5		envelope shall bear upon the back thereof a certification in
6		substantially the following form:
7		I state that I am a resident of the .... precinct of the
8		(1) *township of .... (2) *City of .... or (3) *.... ward in
9		the city of .... residing at .... in such city or town in the
10		county of .... and State of Illinois, that I have lived at such
11		address for .... months last past; that I am lawfully entitled
12		to vote in such precinct at the .... election to be held on
13		....; that I am physically incapable of personally marking the
14		ballot for such election.
15		*fill in either (1), (2) or (3).
16		I further state that I marked the enclosed ballot in secret
17		with the assistance of
18		.................................
19		(Individual rendering assistance)
20		.................................
21		(Residence Address)
22		Under penalties of perjury as provided by law pursuant to
23		Section 29-10 of The Election Code, the undersigned certifies
24		that the statements set forth in this certification are true
25		and correct.
26		.......................

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1		In the case of a voter with a physical incapacity, marking
2		a ballot in secret includes marking a ballot with the
3		assistance of another individual, other than a candidate whose
4		name appears on the ballot (unless the voter is the spouse or a
5		parent, child, brother, or sister of the candidate), the
6		voter's employer, an agent of that employer, or an officer or
7		agent of the voter's union, when the voter's physical
8		incapacity necessitates such assistance.
9		In the case of a physically incapacitated voter, marking a
10		ballot in secret includes marking a ballot with the assistance
11		of another individual, other than a candidate whose name
12		appears on the ballot (unless the voter is the spouse or a
13		parent, child, brother, or sister of the candidate), the
14		voter's employer, an agent of that employer, or an officer or
15		agent of the voter's union, when the voter's physical
16		incapacity necessitates such assistance.
17		Provided, that if the ballot enclosed is to be voted at a
18		primary election, the certification shall designate the name of
19		the political party with which the voter is affiliated.
20		In addition to the above, the election authority shall
21		provide printed slips giving full instructions regarding the
22		manner of marking and returning the ballot in order that the
23		same may be counted, and shall furnish one of such printed
24		slips to each of such applicants at the same time the ballot is
25		delivered to him. Such instructions shall include the following
26		statement: "In signing the certification on the absentee ballot

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1		envelope, you are attesting that you personally marked this
2		absentee ballot in secret. If you are physically unable to mark
3		the ballot, a friend or relative may assist you after
4		completing the enclosed affidavit. Federal and State laws
5		prohibit a candidate whose name appears on the ballot (unless
6		you are the spouse or a parent, child, brother, or sister of
7		the candidate), your employer, your employer's agent or an
8		officer or agent of your union from assisting voters with
9		physical disabilities physically disabled voters."
10		In addition to the above, if a ballot to be provided to an
11		elector pursuant to this Section contains a public question
12		described in subsection (b) of Section 28-6 and the territory
13		concerning which the question is to be submitted is not
14		described on the ballot due to the space limitations of such
15		ballot, the election authority shall provide a printed copy of
16		a notice of the public question, which shall include a
17		description of the territory in the manner required by Section
18		16-7. The notice shall be furnished to the elector at the same
19		time the ballot is delivered to the elector.
20		(Source: P.A. 95-440, eff. 8-27-07; 96-553, eff. 8-17-09.)
21		(Text of Section after amendment by P.A. 98-1171)
22		Sec. 19-5. It shall be the duty of the election authority
23		to fold the ballot or ballots in the manner specified by the
24		statute for folding ballots prior to their deposit in the
25		ballot box, and to enclose such ballot or ballots in an

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1		envelope unsealed to be furnished by him, which envelope shall
2		bear upon the face thereof the name, official title and post
3		office address of the election authority, and upon the other
4		side a printed certification in substantially the following
5		form:
6		I state that I am a resident of the .... precinct of the
7		(1) *township of .... (2) *City of .... or (3) *.... ward in
8		the city of .... residing at .... in such city or town in the
9		county of .... and State of Illinois, that I have lived at such
10		address for .... months last past; and that I am lawfully
11		entitled to vote in such precinct at the .... election to be
12		held on .....
13		*fill in either (1), (2) or (3).
14		I further state that I personally marked the enclosed
15		ballot in secret.
16		Under penalties of perjury as provided by law pursuant to
17		Section 29-10 of The Election Code, the undersigned certifies
18		that the statements set forth in this certification are true
19		and correct.
20		.......................
21		If the ballot is to go to an elector who is physically
22		incapacitated and needs assistance marking the ballot, the
23		envelope shall bear upon the back thereof a certification in
24		substantially the following form:
25		I state that I am a resident of the .... precinct of the
26		(1) *township of .... (2) *City of .... or (3) *.... ward in

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1		the city of .... residing at .... in such city or town in the
2		county of .... and State of Illinois, that I have lived at such
3		address for .... months last past; that I am lawfully entitled
4		to vote in such precinct at the .... election to be held on
5		....; that I am physically incapable of personally marking the
6		ballot for such election.
7		*fill in either (1), (2) or (3).
8		I further state that I marked the enclosed ballot in secret
9		with the assistance of
10		.................................
11		(Individual rendering assistance)
12		.................................
13		(Residence Address)
14		Under penalties of perjury as provided by law pursuant to
15		Section 29-10 of The Election Code, the undersigned certifies
16		that the statements set forth in this certification are true
17		and correct.
18		.......................
19		In the case of a voter with a physical incapacity, marking
20		a ballot in secret includes marking a ballot with the
21		assistance of another individual, other than a candidate whose
22		name appears on the ballot (unless the voter is the spouse or a
23		parent, child, brother, or sister of the candidate), the
24		voter's employer, an agent of that employer, or an officer or
25		agent of the voter's union, when the voter's physical
26		incapacity necessitates such assistance.

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1		In the case of a physically incapacitated voter, marking a
2		ballot in secret includes marking a ballot with the assistance
3		of another individual, other than a candidate whose name
4		appears on the ballot (unless the voter is the spouse or a
5		parent, child, brother, or sister of the candidate), the
6		voter's employer, an agent of that employer, or an officer or
7		agent of the voter's union, when the voter's physical
8		incapacity necessitates such assistance.
9		Provided, that if the ballot enclosed is to be voted at a
10		primary election, the certification shall designate the name of
11		the political party with which the voter is affiliated.
12		In addition to the above, the election authority shall
13		provide printed slips giving full instructions regarding the
14		manner of marking and returning the ballot in order that the
15		same may be counted, and shall furnish one of such printed
16		slips to each of such applicants at the same time the ballot is
17		delivered to him. Such instructions shall include the following
18		statement: "In signing the certification on the vote by mail
19		ballot envelope, you are attesting that you personally marked
20		this vote by mail ballot in secret. If you are physically
21		unable to mark the ballot, a friend or relative may assist you
22		after completing the enclosed affidavit. Federal and State laws
23		prohibit a candidate whose name appears on the ballot (unless
24		you are the spouse or a parent, child, brother, or sister of
25		the candidate), your employer, your employer's agent or an
26		officer or agent of your union from assisting voters with

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1		physical disabilities physically disabled voters."
2		In addition to the above, if a ballot to be provided to an
3		elector pursuant to this Section contains a public question
4		described in subsection (b) of Section 28-6 and the territory
5		concerning which the question is to be submitted is not
6		described on the ballot due to the space limitations of such
7		ballot, the election authority shall provide a printed copy of
8		a notice of the public question, which shall include a
9		description of the territory in the manner required by Section
10		16-7. The notice shall be furnished to the elector at the same
11		time the ballot is delivered to the elector.
12		(Source: P.A. 98-1171, eff. 6-1-15.)
13		(10 ILCS 5/19-12.1) (from Ch. 46, par. 19-12.1)
14		(Text of Section before amendment by P.A. 98-1171)
15		Sec. 19-12.1. Any qualified elector who has secured an
16		Illinois Person with a Disability Identification Card in
17		accordance with the Illinois Identification Card Act,
18		indicating that the person named thereon has a Class 1A or
19		Class 2 disability or any qualified voter who has a permanent
20		physical incapacity of such a nature as to make it improbable
21		that he will be able to be present at the polls at any future
22		election, or any voter who is a resident of (i) a federally
23		operated veterans' home, hospital, or facility located in
24		Illinois or (ii) a facility licensed or certified pursuant to
25		the Nursing Home Care Act, the Specialized Mental Health

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1		Rehabilitation Act of 2013, or the ID/DD Community Care Act and
2		has a condition or disability of such a nature as to make it
3		improbable that he will be able to be present at the polls at
4		any future election, may secure a voter's identification card
5		for persons with disabilities or a disabled voter's or nursing
6		home resident's identification card, which will enable him to
7		vote under this Article as a physically incapacitated or
8		nursing home voter. For the purposes of this Section,
9		"federally operated veterans' home, hospital, or facility"
10		means the long-term care facilities at the Jesse Brown VA
11		Medical Center, Illiana Health Care System, Edward Hines, Jr.
12		VA Hospital, Marion VA Medical Center, and Captain James A.
13		Lovell Federal Health Care Center.
14		Application for a voter's identification card for persons
15		with disabilities or a disabled voter's or nursing home
16		resident's identification card shall be made either: (a) in
17		writing, with voter's sworn affidavit, to the county clerk or
18		board of election commissioners, as the case may be, and shall
19		be accompanied by the affidavit of the attending physician
20		specifically describing the nature of the physical incapacity
21		or the fact that the voter is a nursing home resident and is
22		physically unable to be present at the polls on election days;
23		or (b) by presenting, in writing or otherwise, to the county
24		clerk or board of election commissioners, as the case may be,
25		proof that the applicant has secured an Illinois Person with a
26		Disability Identification Card indicating that the person

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1		named thereon has a Class 1A or Class 2 disability. Upon the
2		receipt of either the sworn-to application and the physician's
3		affidavit or proof that the applicant has secured an Illinois
4		Person with a Disability Identification Card indicating that
5		the person named thereon has a Class 1A or Class 2 disability,
6		the county clerk or board of election commissioners shall issue
7		a voter's identification card for persons with disabilities or
8		a disabled voter's or nursing home resident's identification
9		card. Such identification cards shall be issued for a period of
10		5 years, upon the expiration of which time the voter may secure
11		a new card by making application in the same manner as is
12		prescribed for the issuance of an original card, accompanied by
13		a new affidavit of the attending physician. The date of
14		expiration of such five-year period shall be made known to any
15		interested person by the election authority upon the request of
16		such person. Applications for the renewal of the identification
17		cards shall be mailed to the voters holding such cards not less
18		than 3 months prior to the date of expiration of the cards.
19		Each voter's identification card for persons with
20		disabilities disabled voter's or nursing home resident's
21		identification card shall bear an identification number, which
22		shall be clearly noted on the voter's original and duplicate
23		registration record cards. In the event the holder becomes
24		physically capable of resuming normal voting, he must surrender
25		his voter's identification card for persons with disabilities
26		disabled voter's or nursing home resident's identification

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1		card to the county clerk or board of election commissioners
2		before the next election.
3		The holder of a voter's identification card for persons
4		with disabilities or a disabled voter's or nursing home
5		resident's identification card may make application by mail for
6		an official ballot within the time prescribed by Section 19-2.
7		Such application shall contain the same information as is
8		included in the form of application for ballot by a physically
9		incapacitated elector prescribed in Section 19-3 except that it
10		shall also include the applicant's voter's identification card
11		for persons with disabilities disabled voter's identification
12		card number and except that it need not be sworn to. If an
13		examination of the records discloses that the applicant is
14		lawfully entitled to vote, he shall be mailed a ballot as
15		provided in Section 19-4. The ballot envelope shall be the same
16		as that prescribed in Section 19-5 for voters with physical
17		disabilities physically disabled voters, and the manner of
18		voting and returning the ballot shall be the same as that
19		provided in this Article for other absentee ballots, except
20		that a statement to be subscribed to by the voter but which
21		need not be sworn to shall be placed on the ballot envelope in
22		lieu of the affidavit prescribed by Section 19-5.
23		Any person who knowingly subscribes to a false statement in
24		connection with voting under this Section shall be guilty of a
25		Class A misdemeanor.
26		For the purposes of this Section, "nursing home resident"

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1		includes a resident of (i) a federally operated veterans' home,
2		hospital, or facility located in Illinois or (ii) a facility
3		licensed under the ID/DD Community Care Act or the Specialized
4		Mental Health Rehabilitation Act of 2013. For the purposes of
5		this Section, "federally operated veterans' home, hospital, or
6		facility" means the long-term care facilities at the Jesse
7		Brown VA Medical Center, Illiana Health Care System, Edward
8		Hines, Jr. VA Hospital, Marion VA Medical Center, and Captain
9		James A. Lovell Federal Health Care Center.
10		(Source: P.A. 97-38, eff. 6-28-11; 97-227, eff. 1-1-12; 97-275,
11		eff. 1-1-12; 97-813, eff. 7-13-12; 97-1064, eff. 1-1-13;
12		98-104, eff. 7-22-13.)
13		(Text of Section after amendment by P.A. 98-1171)
14		Sec. 19-12.1. Any qualified elector who has secured an
15		Illinois Person with a Disability Identification Card in
16		accordance with the Illinois Identification Card Act,
17		indicating that the person named thereon has a Class 1A or
18		Class 2 disability or any qualified voter who has a permanent
19		physical incapacity of such a nature as to make it improbable
20		that he will be able to be present at the polls at any future
21		election, or any voter who is a resident of (i) a federally
22		operated veterans' home, hospital, or facility located in
23		Illinois or (ii) a facility licensed or certified pursuant to
24		the Nursing Home Care Act, the Specialized Mental Health
25		Rehabilitation Act of 2013, or the ID/DD Community Care Act and

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1		has a condition or disability of such a nature as to make it
2		improbable that he will be able to be present at the polls at
3		any future election, may secure a voter's identification card
4		for persons with disabilities or a disabled voter's or nursing
5		home resident's identification card, which will enable him to
6		vote under this Article as a physically incapacitated or
7		nursing home voter. For the purposes of this Section,
8		"federally operated veterans' home, hospital, or facility"
9		means the long-term care facilities at the Jesse Brown VA
10		Medical Center, Illiana Health Care System, Edward Hines, Jr.
11		VA Hospital, Marion VA Medical Center, and Captain James A.
12		Lovell Federal Health Care Center.
13		Application for a voter's identification card for persons
14		with disabilities or a disabled voter's or nursing home
15		resident's identification card shall be made either: (a) in
16		writing, with voter's sworn affidavit, to the county clerk or
17		board of election commissioners, as the case may be, and shall
18		be accompanied by the affidavit of the attending physician
19		specifically describing the nature of the physical incapacity
20		or the fact that the voter is a nursing home resident and is
21		physically unable to be present at the polls on election days;
22		or (b) by presenting, in writing or otherwise, to the county
23		clerk or board of election commissioners, as the case may be,
24		proof that the applicant has secured an Illinois Person with a
25		Disability Identification Card indicating that the person
26		named thereon has a Class 1A or Class 2 disability. Upon the

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1		receipt of either the sworn-to application and the physician's
2		affidavit or proof that the applicant has secured an Illinois
3		Person with a Disability Identification Card indicating that
4		the person named thereon has a Class 1A or Class 2 disability,
5		the county clerk or board of election commissioners shall issue
6		a voter's identification card for persons with disabilities or
7		a disabled voter's or nursing home resident's identification
8		card. Such identification cards shall be issued for a period of
9		5 years, upon the expiration of which time the voter may secure
10		a new card by making application in the same manner as is
11		prescribed for the issuance of an original card, accompanied by
12		a new affidavit of the attending physician. The date of
13		expiration of such five-year period shall be made known to any
14		interested person by the election authority upon the request of
15		such person. Applications for the renewal of the identification
16		cards shall be mailed to the voters holding such cards not less
17		than 3 months prior to the date of expiration of the cards.
18		Each voter's identification card for persons with
19		disabilities disabled voter's or nursing home resident's
20		identification card shall bear an identification number, which
21		shall be clearly noted on the voter's original and duplicate
22		registration record cards. In the event the holder becomes
23		physically capable of resuming normal voting, he must surrender
24		his voter's identification card for persons with disabilities
25		disabled voter's or nursing home resident's identification
26		card to the county clerk or board of election commissioners

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1		before the next election.
2		The holder of a voter's identification card for persons
3		with disabilities or a disabled voter's or nursing home
4		resident's identification card may make application by mail for
5		an official ballot within the time prescribed by Section 19-2.
6		Such application shall contain the same information as is
7		included in the form of application for ballot by a physically
8		incapacitated elector prescribed in Section 19-3 except that it
9		shall also include the applicant's voter's identification card
10		for persons with disabilities disabled voter's identification
11		card number and except that it need not be sworn to. If an
12		examination of the records discloses that the applicant is
13		lawfully entitled to vote, he shall be mailed a ballot as
14		provided in Section 19-4. The ballot envelope shall be the same
15		as that prescribed in Section 19-5 for voters with physical
16		disabilities physically disabled voters, and the manner of
17		voting and returning the ballot shall be the same as that
18		provided in this Article for other vote by mail ballots, except
19		that a statement to be subscribed to by the voter but which
20		need not be sworn to shall be placed on the ballot envelope in
21		lieu of the affidavit prescribed by Section 19-5.
22		Any person who knowingly subscribes to a false statement in
23		connection with voting under this Section shall be guilty of a
24		Class A misdemeanor.
25		For the purposes of this Section, "nursing home resident"
26		includes a resident of (i) a federally operated veterans' home,

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1		hospital, or facility located in Illinois or (ii) a facility
2		licensed under the ID/DD Community Care Act or the Specialized
3		Mental Health Rehabilitation Act of 2013. For the purposes of
4		this Section, "federally operated veterans' home, hospital, or
5		facility" means the long-term care facilities at the Jesse
6		Brown VA Medical Center, Illiana Health Care System, Edward
7		Hines, Jr. VA Hospital, Marion VA Medical Center, and Captain
8		James A. Lovell Federal Health Care Center.
9		(Source: P.A. 97-38, eff. 6-28-11; 97-227, eff. 1-1-12; 97-275,
10		eff. 1-1-12; 97-813, eff. 7-13-12; 97-1064, eff. 1-1-13;
11		98-104, eff. 7-22-13; 98-1171, eff. 6-1-15.)
12		(10 ILCS 5/19A-21)
13		Sec. 19A-21. Use of local public buildings for early voting
14		polling places. Upon request by an election authority, a unit
15		of local government (as defined in Section 1 of Article VII of
16		the Illinois Constitution, which does not include school
17		districts) shall make the unit's public buildings within the
18		election authority's jurisdiction available as permanent or
19		temporary early voting polling places without charge.
20		Availability of a building shall include reasonably necessary
21		time before and after the period early voting is conducted at
22		that building.
23		A unit of local government making its public building
24		available as a permanent or temporary early voting polling
25		place shall ensure that any portion of the building made

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1		available is accessible to voters with disabilities
2		handicapped and elderly voters.
3		(Source: P.A. 94-1000, eff. 7-3-06.)
4		(10 ILCS 5/19A-40)
5		Sec. 19A-40. Enclosure of ballots in envelope. It is the
6		duty of the election judge or official to fold the ballot or
7		ballots in the manner specified by the statute for folding
8		ballots prior to their deposit in the ballot box, and to
9		enclose the ballot or ballots in an envelope unsealed to be
10		furnished by him or her, which envelope shall bear upon the
11		face thereof the name, official title, and post office address
12		of the election authority, and upon the other side a printed
13		certification in substantially the following form:
14		I state that I am a resident of the .... precinct of the
15		(1) *township of .... (2) *City of .... or (3) *.... ward in
16		the city of .... residing at .... in that city or town in the
17		county of .... and State of Illinois, that I have lived at that
18		address for .... months last past; that I am lawfully entitled
19		to vote in that precinct at the .... election to be held on
20		.... .
21		*fill in either (1), (2) or (3).
22		I further state that I personally marked the enclosed
23		ballot in secret.
24		Under penalties of perjury as provided by law pursuant to
25		Section 29-10 of the Election Code, the undersigned certifies

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1		that the statements set forth in this certification are true
2		and correct.
3		.......................
4		If the ballot enclosed is to be voted at a primary
5		election, the certification shall designate the name of the
6		political party with which the voter is affiliated.
7		In addition to the above, the election authority shall
8		provide printed slips giving full instructions regarding the
9		manner of marking and returning the ballot in order that the
10		same may be counted, and shall furnish one of the printed slips
11		to each of such applicants at the same time the ballot is
12		delivered to him or her. The instructions shall include the
13		following statement: "In signing the certification on the early
14		ballot envelope, you are attesting that you personally marked
15		this early ballot in secret. If you are physically unable to
16		mark the ballot, a friend or relative may assist you. Federal
17		and State laws prohibit your employer, your employer's agent,
18		or an officer or agent of your union from assisting voters with
19		physical disabilities physically disabled voters."
20		In addition to the above, if a ballot to be provided to a
21		voter pursuant to this Section contains a public question
22		described in subsection (b) of Section 28-6 and the territory
23		concerning which the question is to be submitted is not
24		described on the ballot due to the space limitations of the
25		ballot, the election authority shall provide a printed copy of
26		a notice of the public question, which shall include a

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1		description of the territory in the manner required by Section
2		16-7. The notice shall be furnished to the voter at the same
3		time the ballot is delivered to the voter.
4		(Source: P.A. 94-645, eff. 8-22-05.)
5		(10 ILCS 5/24-9) (from Ch. 46, par. 24-9)
6		Sec. 24-9. Assistance to illiterate voters and voters with
7		disabilities and disabled voters shall be given in accordance
8		with the provisions in Section 17-14 of this Act.
9		(Source: Laws 1943, vol. 2, p. 1.)
10		(10 ILCS 5/24C-11)
11		(Text of Section before amendment by P.A. 98-1171)
12		Sec. 24C-11. Functional requirements. A Direct Recording
13		Electronic Voting System shall, in addition to satisfying the
14		other requirements of this Article, fulfill the following
15		functional requirements:
16		(a) Provide a voter in a primary election with the means of
17		casting a ballot containing votes for any and all candidates of
18		the party or parties of his or her choice, and for any and all
19		non-partisan candidates and public questions and preclude the
20		voter from voting for any candidate of any other political
21		party except when legally permitted. In a general election, the
22		system shall provide the voter with means of selecting the
23		appropriate number of candidates for any office, and of voting
24		on any public question on the ballot to which he or she is

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1		entitled to vote.
2		(b) If a voter is not entitled to vote for particular
3		candidates or public questions appearing on the ballot, the
4		system shall prevent the selection of the prohibited votes.
5		(c) Once the proper ballot has been selected, the system
6		devices shall provide a means of enabling the recording of
7		votes and the casting of said ballot.
8		(d) System voting devices shall provide voting choices that
9		are clear to the voter and labels indicating the names of every
10		candidate and the text of every public question on the voter's
11		ballot. Each label shall identify the selection button or
12		switch, or the active area of the ballot associated with it.
13		The system shall be able to incorporate minimal, easy-to-follow
14		on-screen instruction for the voter on how to cast a ballot.
15		(e) Voting devices shall (i) enable the voter to vote for
16		any and all candidates and public questions appearing on the
17		ballot for which the voter is lawfully entitled to vote, in any
18		legal number and combination; (ii) detect and reject all votes
19		for an office or upon a public question when the voter has cast
20		more votes for the office or upon the public question than the
21		voter is entitled to cast; (iii) notify the voter if the
22		voter's choices as recorded on the ballot for an office or
23		public question are fewer than or exceed the number that the
24		voter is entitled to vote for on that office or public question
25		and the effect of casting more or fewer votes than legally
26		permitted; (iv) notify the voter if the voter has failed to

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1		completely cast a vote for an office or public question
2		appearing on the ballot; and (v) permit the voter, in a private
3		and independent manner, to verify the votes selected by the
4		voter, to change the ballot or to correct any error on the
5		ballot before the ballot is completely cast and counted. A
6		means shall be provided to indicate each selection after it has
7		been made or canceled.
8		(f) System voting devices shall provide a means for the
9		voter to signify that the selection of candidates and public
10		questions has been completed. Upon activation, the system shall
11		record an image of the completed ballot, increment the proper
12		ballot position registers, and shall signify to the voter that
13		the ballot has been cast. The system shall then prevent any
14		further attempt to vote until it has been reset or re-enabled
15		by a judge of election.
16		(g) Each system voting device shall be equipped with a
17		public counter that can be set to zero prior to the opening of
18		the polling place, and that records the number of ballots cast
19		at a particular election. The counter shall be incremented only
20		by the casting of a ballot. The counter shall be designed to
21		prevent disabling or resetting by other than authorized persons
22		after the polls close. The counter shall be visible to all
23		judges of election so long as the device is installed at the
24		polling place.
25		(h) Each system voting device shall be equipped with a
26		protective counter that records all of the testing and election

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1		ballots cast since the unit was built. This counter shall be
2		designed so that its reading cannot be changed by any cause
3		other than the casting of a ballot. The protective counter
4		shall be incapable of ever being reset and it shall be visible
5		at all times when the device is configured for testing,
6		maintenance, or election use.
7		(i) All system devices shall provide a means of preventing
8		further voting once the polling place has closed and after all
9		eligible voters have voted. Such means of control shall
10		incorporate a visible indication of system status. Each device
11		shall prevent any unauthorized use, prevent tampering with
12		ballot labels and preclude its re-opening once the poll closing
13		has been completed for that election.
14		(j) The system shall produce a printed summary report of
15		the votes cast upon each voting device. Until the proper
16		sequence of events associated with closing the polling place
17		has been completed, the system shall not allow the printing of
18		a report or the extraction of data. The printed report shall
19		also contain all system audit information to be required by the
20		election authority. Data shall not be altered or otherwise
21		destroyed by report generation and the system shall ensure the
22		integrity and security of data for a period of at least 6
23		months after the polls close.
24		(k) If more than one voting device is used in a polling
25		place, the system shall provide a means to manually or
26		electronically consolidate the data from all such units into a

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1		single report even if different voting systems are used to
2		record absentee ballots. The system shall also be capable of
3		merging the vote tabulation results produced by other vote
4		tabulation systems, if necessary.
5		(l) System functions shall be implemented such that
6		unauthorized access to them is prevented and the execution of
7		authorized functions in an improper sequence is precluded.
8		System functions shall be executable only in the intended
9		manner and order, and only under the intended conditions. If
10		the preconditions to a system function have not been met, the
11		function shall be precluded from executing by the system's
12		control logic.
13		(m) All system voting devices shall incorporate at least 3
14		memories in the machine itself and in its programmable memory
15		devices.
16		(n) The system shall include capabilities of recording and
17		reporting the date and time of normal and abnormal events and
18		of maintaining a permanent record of audit information that
19		cannot be turned off. Provisions shall be made to detect and
20		record significant events (e.g., casting a ballot, error
21		conditions that cannot be disposed of by the system itself,
22		time-dependent or programmed events that occur without the
23		intervention of the voter or a judge of election).
24		(o) The system and each system voting device must be
25		capable of creating, printing and maintaining a permanent paper
26		record and an electronic image of each ballot that is cast such

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1		that records of individual ballots are maintained by a
2		subsystem independent and distinct from the main vote
3		detection, interpretation, processing and reporting path. The
4		electronic images of each ballot must protect the integrity of
5		the data and the anonymity of each voter, for example, by means
6		of storage location scrambling. The ballot image records may be
7		either machine-readable or manually transcribed, or both, at
8		the discretion of the election authority.
9		(p) The system shall include built-in test, measurement and
10		diagnostic software and hardware for detecting and reporting
11		the system's status and degree of operability.
12		(q) The system shall contain provisions for maintaining the
13		integrity of memory voting and audit data during an election
14		and for a period of at least 6 months thereafter and shall
15		provide the means for creating an audit trail.
16		(r) The system shall be fully accessible so as to permit
17		blind or visually impaired voters as well as voters with
18		physical disabilities physically disabled voters to exercise
19		their right to vote in private and without assistance.
20		(s) The system shall provide alternative language
21		accessibility if required pursuant to Section 203 of the Voting
22		Rights Act of 1965.
23		(t) Each voting device shall enable a voter to vote for a
24		person whose name does not appear on the ballot.
25		(u) The system shall record and count accurately each vote
26		properly cast for or against any candidate and for or against

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1		any public question, including the names of all candidates
2		whose names are written in by the voters.
3		(v) The system shall allow for accepting provisional
4		ballots and for separating such provisional ballots from
5		precinct totals until authorized by the election authority.
6		(w) The system shall provide an effective audit trail as
7		defined in Section 24C-2 in this Code.
8		(x) The system shall be suitably designed for the purpose
9		used, be durably constructed, and be designed for safety,
10		accuracy and efficiency.
11		(y) The system shall comply with all provisions of federal,
12		State and local election laws and regulations and any future
13		modifications to those laws and regulations.
14		(Source: P.A. 95-699, eff. 11-9-07.)
15		(Text of Section after amendment by P.A. 98-1171)
16		Sec. 24C-11. Functional requirements. A Direct Recording
17		Electronic Voting System shall, in addition to satisfying the
18		other requirements of this Article, fulfill the following
19		functional requirements:
20		(a) Provide a voter in a primary election with the means of
21		casting a ballot containing votes for any and all candidates of
22		the party or parties of his or her choice, and for any and all
23		non-partisan candidates and public questions and preclude the
24		voter from voting for any candidate of any other political
25		party except when legally permitted. In a general election, the

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1		system shall provide the voter with means of selecting the
2		appropriate number of candidates for any office, and of voting
3		on any public question on the ballot to which he or she is
4		entitled to vote.
5		(b) If a voter is not entitled to vote for particular
6		candidates or public questions appearing on the ballot, the
7		system shall prevent the selection of the prohibited votes.
8		(c) Once the proper ballot has been selected, the system
9		devices shall provide a means of enabling the recording of
10		votes and the casting of said ballot.
11		(d) System voting devices shall provide voting choices that
12		are clear to the voter and labels indicating the names of every
13		candidate and the text of every public question on the voter's
14		ballot. Each label shall identify the selection button or
15		switch, or the active area of the ballot associated with it.
16		The system shall be able to incorporate minimal, easy-to-follow
17		on-screen instruction for the voter on how to cast a ballot.
18		(e) Voting devices shall (i) enable the voter to vote for
19		any and all candidates and public questions appearing on the
20		ballot for which the voter is lawfully entitled to vote, in any
21		legal number and combination; (ii) detect and reject all votes
22		for an office or upon a public question when the voter has cast
23		more votes for the office or upon the public question than the
24		voter is entitled to cast; (iii) notify the voter if the
25		voter's choices as recorded on the ballot for an office or
26		public question are fewer than or exceed the number that the

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1		voter is entitled to vote for on that office or public question
2		and the effect of casting more or fewer votes than legally
3		permitted; (iv) notify the voter if the voter has failed to
4		completely cast a vote for an office or public question
5		appearing on the ballot; and (v) permit the voter, in a private
6		and independent manner, to verify the votes selected by the
7		voter, to change the ballot or to correct any error on the
8		ballot before the ballot is completely cast and counted. A
9		means shall be provided to indicate each selection after it has
10		been made or canceled.
11		(f) System voting devices shall provide a means for the
12		voter to signify that the selection of candidates and public
13		questions has been completed. Upon activation, the system shall
14		record an image of the completed ballot, increment the proper
15		ballot position registers, and shall signify to the voter that
16		the ballot has been cast. The system shall then prevent any
17		further attempt to vote until it has been reset or re-enabled
18		by a judge of election.
19		(g) Each system voting device shall be equipped with a
20		public counter that can be set to zero prior to the opening of
21		the polling place, and that records the number of ballots cast
22		at a particular election. The counter shall be incremented only
23		by the casting of a ballot. The counter shall be designed to
24		prevent disabling or resetting by other than authorized persons
25		after the polls close. The counter shall be visible to all
26		judges of election so long as the device is installed at the

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1		polling place.
2		(h) Each system voting device shall be equipped with a
3		protective counter that records all of the testing and election
4		ballots cast since the unit was built. This counter shall be
5		designed so that its reading cannot be changed by any cause
6		other than the casting of a ballot. The protective counter
7		shall be incapable of ever being reset and it shall be visible
8		at all times when the device is configured for testing,
9		maintenance, or election use.
10		(i) All system devices shall provide a means of preventing
11		further voting once the polling place has closed and after all
12		eligible voters have voted. Such means of control shall
13		incorporate a visible indication of system status. Each device
14		shall prevent any unauthorized use, prevent tampering with
15		ballot labels and preclude its re-opening once the poll closing
16		has been completed for that election.
17		(j) The system shall produce a printed summary report of
18		the votes cast upon each voting device. Until the proper
19		sequence of events associated with closing the polling place
20		has been completed, the system shall not allow the printing of
21		a report or the extraction of data. The printed report shall
22		also contain all system audit information to be required by the
23		election authority. Data shall not be altered or otherwise
24		destroyed by report generation and the system shall ensure the
25		integrity and security of data for a period of at least 6
26		months after the polls close.

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1		(k) If more than one voting device is used in a polling
2		place, the system shall provide a means to manually or
3		electronically consolidate the data from all such units into a
4		single report even if different voting systems are used to
5		record ballots. The system shall also be capable of merging the
6		vote tabulation results produced by other vote tabulation
7		systems, if necessary.
8		(l) System functions shall be implemented such that
9		unauthorized access to them is prevented and the execution of
10		authorized functions in an improper sequence is precluded.
11		System functions shall be executable only in the intended
12		manner and order, and only under the intended conditions. If
13		the preconditions to a system function have not been met, the
14		function shall be precluded from executing by the system's
15		control logic.
16		(m) All system voting devices shall incorporate at least 3
17		memories in the machine itself and in its programmable memory
18		devices.
19		(n) The system shall include capabilities of recording and
20		reporting the date and time of normal and abnormal events and
21		of maintaining a permanent record of audit information that
22		cannot be turned off. Provisions shall be made to detect and
23		record significant events (e.g., casting a ballot, error
24		conditions that cannot be disposed of by the system itself,
25		time-dependent or programmed events that occur without the
26		intervention of the voter or a judge of election).

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1		(o) The system and each system voting device must be
2		capable of creating, printing and maintaining a permanent paper
3		record and an electronic image of each ballot that is cast such
4		that records of individual ballots are maintained by a
5		subsystem independent and distinct from the main vote
6		detection, interpretation, processing and reporting path. The
7		electronic images of each ballot must protect the integrity of
8		the data and the anonymity of each voter, for example, by means
9		of storage location scrambling. The ballot image records may be
10		either machine-readable or manually transcribed, or both, at
11		the discretion of the election authority.
12		(p) The system shall include built-in test, measurement and
13		diagnostic software and hardware for detecting and reporting
14		the system's status and degree of operability.
15		(q) The system shall contain provisions for maintaining the
16		integrity of memory voting and audit data during an election
17		and for a period of at least 6 months thereafter and shall
18		provide the means for creating an audit trail.
19		(r) The system shall be fully accessible so as to permit
20		blind or visually impaired voters as well as voters with
21		physical disabilities physically disabled voters to exercise
22		their right to vote in private and without assistance.
23		(s) The system shall provide alternative language
24		accessibility if required pursuant to Section 203 of the Voting
25		Rights Act of 1965.
26		(t) Each voting device shall enable a voter to vote for a

HB4049 Engrossed - 138 - LRB099 03667 KTG 23678 b
1		person whose name does not appear on the ballot.
2		(u) The system shall record and count accurately each vote
3		properly cast for or against any candidate and for or against
4		any public question, including the names of all candidates
5		whose names are written in by the voters.
6		(v) The system shall allow for accepting provisional
7		ballots and for separating such provisional ballots from
8		precinct totals until authorized by the election authority.
9		(w) The system shall provide an effective audit trail as
10		defined in Section 24C-2 in this Code.
11		(x) The system shall be suitably designed for the purpose
12		used, be durably constructed, and be designed for safety,
13		accuracy and efficiency.
14		(y) The system shall comply with all provisions of federal,
15		State and local election laws and regulations and any future
16		modifications to those laws and regulations.
17		(Source: P.A. 98-1171, eff. 6-1-15.)
18		Section 50. The State Budget Law of the Civil
19		Administrative Code of Illinois is amended by changing Section
20		50-10 as follows:
21		(15 ILCS 20/50-10) (was 15 ILCS 20/38.1)
22		Sec. 50-10. Budget contents. The budget shall be submitted
23		by the Governor with line item and program data. The budget
24		shall also contain performance data presenting an estimate for

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1		the current fiscal year, projections for the budget year, and
2		information for the 3 prior fiscal years comparing department
3		objectives with actual accomplishments, formulated according
4		to the various functions and activities, and, wherever the
5		nature of the work admits, according to the work units, for
6		which the respective departments, offices, and institutions of
7		the State government (including the elective officers in the
8		executive department and including the University of Illinois
9		and the judicial department) are responsible.
10		For the fiscal year beginning July 1, 1992 and for each
11		fiscal year thereafter, the budget shall include the
12		performance measures of each department's accountability
13		report.
14		For the fiscal year beginning July 1, 1997 and for each
15		fiscal year thereafter, the budget shall include one or more
16		line items appropriating moneys to the Department of Human
17		Services to fund participation in the Home-Based Support
18		Services Program for Adults with Mental Disabilities Mentally
19		Disabled Adults under the Developmental Disability and Mental
20		Disability Services Act by persons described in Section 2-17 of
21		that Act.
22		The budget shall contain a capital development section in
23		which the Governor will present (1) information on the capital
24		projects and capital programs for which appropriations are
25		requested, (2) the capital spending plans, which shall document
26		the first and subsequent years cash requirements by fund for

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1		the proposed bonded program, and (3) a statement that shall
2		identify by year the principal and interest costs until
3		retirement of the State's general obligation debt. In addition,
4		the principal and interest costs of the budget year program
5		shall be presented separately, to indicate the marginal cost of
6		principal and interest payments necessary to retire the
7		additional bonds needed to finance the budget year's capital
8		program. In 2004 only, the capital development section of the
9		State budget shall be submitted by the Governor not later than
10		the fourth Tuesday of March (March 23, 2004).
11		The budget shall contain a section indicating whether there
12		is a projected budget surplus or a projected budget deficit for
13		general funds in the current fiscal year, or whether the
14		current fiscal year's general funds budget is projected to be
15		balanced, based on estimates prepared by the Governor's Office
16		of Management and Budget using actual figures available on the
17		date the budget is submitted. That section shall present this
18		information in both a numerical table format and by way of a
19		narrative description, and shall include information for the
20		proposed upcoming fiscal year, the current fiscal year, and the
21		2 years prior to the current fiscal year. These estimates must
22		specifically and separately identify any non-recurring
23		revenues, including, but not limited to, borrowed money, money
24		derived by borrowing or transferring from other funds, or any
25		non-operating financial source. None of these specifically and
26		separately identified non-recurring revenues may include any

HB4049 Engrossed - 141 - LRB099 03667 KTG 23678 b
1		revenue that cannot be realized without a change to law. The
2		table shall show accounts payable at the end of each fiscal
3		year in a manner that specifically and separately identifies
4		any general funds liabilities accrued during the current and
5		prior fiscal years that may be paid from future fiscal years'
6		appropriations, including, but not limited to, costs that may
7		be paid beyond the end of the lapse period as set forth in
8		Section 25 of the State Finance Act and costs incurred by the
9		Department on Aging. The section shall also include an estimate
10		of individual and corporate income tax overpayments that will
11		not be refunded before the close of the fiscal year.
12		For the budget year, the current year, and 3 prior fiscal
13		years, the Governor shall also include in the budget estimates
14		of or actual values for the assets and liabilities for General
15		Assembly Retirement System, State Employees' Retirement System
16		of Illinois, State Universities Retirement System, Teachers'
17		Retirement System of the State of Illinois, and Judges
18		Retirement System of Illinois.
19		The budget submitted by the Governor shall contain, in
20		addition, in a separate book, a tabulation of all position and
21		employment titles in each such department, office, and
22		institution, the number of each, and the salaries for each,
23		formulated according to divisions, bureaus, sections, offices,
24		departments, boards, and similar subdivisions, which shall
25		correspond as nearly as practicable to the functions and
26		activities for which the department, office, or institution is

HB4049 Engrossed - 142 - LRB099 03667 KTG 23678 b
1		responsible.
2		Together with the budget, the Governor shall transmit the
3		estimates of receipts and expenditures, as received by the
4		Director of the Governor's Office of Management and Budget, of
5		the elective officers in the executive and judicial departments
6		and of the University of Illinois.
7		An applicable appropriations committee of each chamber of
8		the General Assembly, for fiscal year 2012 and thereafter, must
9		review individual line item appropriations and the total budget
10		for each State agency, as defined in the Illinois State
11		Auditing Act.
12		(Source: P.A. 98-460, eff. 1-1-14.)
13		Section 55. The Civil and Equal Rights Enforcement Act is
14		amended by changing Section 1 as follows:
15		(15 ILCS 210/1) (from Ch. 14, par. 9)
16		Sec. 1. There is created in the office of the Attorney
17		General a Division for the Enforcement of Civil and Equal
18		Rights. The Division, under the supervision and direction of
19		the Attorney General, shall investigate all violations of the
20		laws relating to civil rights and the prevention of
21		discriminations against persons by reason of race, color,
22		creed, religion, sex, national origin, or physical or mental
23		disability handicap, and shall, whenever such violations are
24		established, undertake necessary enforcement measures.

HB4049 Engrossed - 143 - LRB099 03667 KTG 23678 b
1		(Source: P.A. 80-358.)
2		Section 60. The Secretary of State Merit Employment Code is
3		amended by changing Sections 18a, 18b, and 18c as follows:
4		(15 ILCS 310/18a) (from Ch. 124, par. 118a)
5		Sec. 18a. Equal Employment Opportunity Plan. The Equal
6		Employment Opportunity Officer shall, within 90 days after the
7		effective date of this Act and annually thereafter, submit to
8		the Secretary of State a plan for assuring equal employment
9		opportunity. This plan shall include a current detailed status
10		report (a) indicating, by each position in the service of the
11		Secretary of State, the number, percentage, and average salary
12		of women, minorities, and individuals with disabilities
13		handicapped individuals employed; (b) identifying all
14		positions in which the percentage of women, minorities, and
15		individuals with disabilities handicapped employed is less
16		than 4/5 the percentage of women, minorities, and individuals
17		with disabilities handicapped in the State work force; (c)
18		specifying the goals and methods for increasing the percentage
19		of women, minorities, and individuals with disabilities
20		handicapped employed in these positions; and (d) indicating
21		progress and problems towards meeting equal employment
22		opportunity goals.
23		(Source: P.A. 80-13.)

HB4049 Engrossed - 144 - LRB099 03667 KTG 23678 b
1		(15 ILCS 310/18b) (from Ch. 124, par. 118b)
2		Sec. 18b. Duties of Secretary of State's Equal Employment
3		Opportunity Officer. The Secretary of State's Equal Employment
4		Opportunity Officer shall:
5		(1) set forth a detailed and uniform method and requirement
6		by which the Office of the Secretary of State shall develop and
7		implement equal employment opportunity plans as required in
8		Section 19;
9		(2) establish reporting procedures for measuring progress
10		and evaluation performance in achieving equal employment
11		opportunity goals;
12		(3) provide technical assistance and training to officials
13		of the Office of the Secretary of State in achieving equal
14		employment opportunity goals;
15		(4) develop and implement training programs to help women,
16		minorities, and individuals with disabilities handicapped
17		individuals qualified for government positions and positions
18		with government contractors;
19		(5) report quarterly to the Secretary of State on progress,
20		performance, and problems in meeting equal employment
21		opportunity goals; and
22		(6) head a staff to assist him or her in performing his or
23		her powers and duties.
24		(Source: P.A. 80-13.)
25		(15 ILCS 310/18c) (from Ch. 124, par. 118c)

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1		Sec. 18c. Supported employees.
2		(a) The Director shall develop and implement a supported
3		employment program. It shall be the goal of the program to
4		appoint a minimum of 10 supported employees to Secretary of
5		State positions before June 30, 1992.
6		(b) The Director shall designate a liaison to work with
7		State agencies and departments under the jurisdiction of the
8		Secretary of State and any funder or provider or both in the
9		implementation of a supported employment program.
10		(c) As used in this Section:
11		(1) "Supported employee" means any individual who:
12		(A) has a severe physical or mental disability
13		which seriously limits functional capacities including
14		but not limited to mobility, communication, self-care,
15		self-direction, work tolerance or work skills, in
16		terms of employability as defined, determined and
17		certified by the Department of Human Services; and
18		(B) has one or more physical or mental disabilities
19		resulting from amputation; arthritis; blindness;
20		cancer; cerebral palsy; cystic fibrosis; deafness;
21		heart disease; hemiplegia; respiratory or pulmonary
22		dysfunction; an intellectual disability; mental
23		illness; multiple sclerosis; muscular dystrophy;
24		musculoskeletal disorders; neurological disorders,
25		including stroke and epilepsy; paraplegia;
26		quadriplegia and other spinal cord conditions; sickle

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1		cell anemia; and end-stage renal disease; or another
2		disability or combination of disabilities determined
3		on the basis of an evaluation of rehabilitation
4		potential to cause comparable substantial functional
5		limitation.
6		(2) "Supported employment" means competitive work in
7		integrated work settings:
8		(A) for individuals with severe disabilities
9		handicaps for whom competitive employment has not
10		traditionally occurred, or
11		(B) for individuals for whom competitive
12		employment has been interrupted or intermittent as a
13		result of a severe disability, and who because of their
14		disability handicap, need on-going support services to
15		perform such work. The term includes transitional
16		employment for individuals with chronic mental
17		illness.
18		(3) "Participation in a supported employee program"
19		means participation as a supported employee that is not
20		based on the expectation that an individual will have the
21		skills to perform all the duties in a job class, but on the
22		assumption that with support and adaptation, or both, a job
23		can be designed to take advantage of the supported
24		employee's special strengths.
25		(4) "Funder" means any entity either State, local or
26		federal, or private not-for-profit or for-profit that

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1		provides monies to programs that provide services related
2		to supported employment.
3		(5) "Provider" means any entity either public or
4		private that provides technical support and services to any
5		department or agency subject to the control of the
6		Governor, the Secretary of State or the University Civil
7		Service System.
8		(d) The Director shall establish job classifications for
9		supported employees who may be appointed into the
10		classifications without open competitive testing requirements.
11		Supported employees shall serve in a trial employment capacity
12		for not less than 3 or more than 12 months.
13		(e) The Director shall maintain a record of all individuals
14		hired as supported employees. The record shall include:
15		(1) the number of supported employees initially
16		appointed;
17		(2) the number of supported employees who successfully
18		complete the trial employment periods; and
19		(3) the number of permanent targeted positions by
20		titles.
21		(f) The Director shall submit an annual report to the
22		General Assembly regarding the employment progress of
23		supported employees, with recommendations for legislative
24		action.
25		(Source: P.A. 97-227, eff. 1-1-12.)

HB4049 Engrossed - 148 - LRB099 03667 KTG 23678 b
1		Section 65. The State Library Act is amended by changing
2		Section 18 as follows:
3		(15 ILCS 320/18) (from Ch. 128, par. 118)
4		Sec. 18. Federal aid. The Secretary of State and State
5		Librarian is authorized and empowered to do all things
6		necessary and proper to fully cooperate with the United States
7		government in the administering of any Act heretofore, or
8		hereafter enacted for the purpose of appropriation of funds for
9		the payment of salaries, library materials, access to
10		electronic resources, library supplies, equipment, the
11		construction of library buildings, library services throughout
12		the State, and for library services to persons with physical
13		disabilities the physically handicapped.
14		(Source: P.A. 91-507, eff. 8-13-99.)
15		Section 70. The Accessible Electronic Information Act is
16		amended by changing Sections 5, 10, and 15 as follows:
17		(15 ILCS 323/5)
18		Sec. 5. Legislative findings. The Legislature finds and
19		declares all of the following:
20		(a) Thousands of citizens in this State have disabilities
21		(including blindness or visual impairment) that prevent them
22		from using conventional print material.
23		(b) The State fulfills an important responsibility by

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1		providing books and magazines prepared in Braille, audio, and
2		large-type formats made available to eligible blind persons and
3		persons with disabilities blind and disabled persons.
4		(c) The technology, transcription methods, and means of
5		distribution used for these materials are labor-intensive and
6		cannot support rapid dissemination to individuals in rural and
7		urban areas throughout the State.
8		(d) Lack of direct and prompt access to information
9		included in newspapers, magazines, newsletters, schedules,
10		announcements, and other time-sensitive materials limits
11		educational opportunities, literacy, and full participation in
12		society by blind persons and persons with disabilities and
13		disabled persons.
14		(Source: P.A. 93-797, eff. 7-22-04.)
15		(15 ILCS 323/10)
16		Sec. 10. Definitions. As used in this Act:
17		"Accessible electronic information service" means news and
18		other timely information (including newspapers) provided to
19		eligible individuals from a multi-state service center, using
20		high-speed computers and telecommunications technology for
21		interstate acquisition of content and rapid distribution in a
22		form appropriate for use by such individuals.
23		"Blind persons and persons with disabilities Blind and
24		disabled persons" means those individuals who are eligible for
25		library loan services through the Library of Congress and the

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1		State Library for the Blind and Physically Handicapped pursuant
2		to 36 CFR 701.10(b).
3		"Director" means the State Librarian.
4		"Qualified entity" means an agency, instrumentality, or
5		political subdivision of the State or a nonprofit organization
6		that:
7		(1) provides interstate access for eligible persons to
8		read daily newspapers by producing audio editions by
9		computer; and
10		(2) provides a means of program administration and
11		reader registration on the Internet.
12		(Source: P.A. 93-797, eff. 7-22-04.)
13		(15 ILCS 323/15)
14		Sec. 15. Accessible electronic information service
15		program. The Director by rule shall develop and implement a
16		program of grants to qualified entities for the provision of
17		accessible electronic information service to blind persons and
18		persons with disabilities blind and disabled persons
19		throughout Illinois. The grants shall be funded through
20		appropriations from the Accessible Electronic Information
21		Service Fund established in Section 20.
22		(Source: P.A. 93-797, eff. 7-22-04.)
23		Section 75. The Illinois Identification Card Act is amended
24		by changing Sections 2, 4, 4A, and 13 as follows:

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1		(15 ILCS 335/2) (from Ch. 124, par. 22)
2		Sec. 2. Administration and powers and duties of the
3		Administrator.
4		(a) The Secretary of State is the Administrator of this
5		Act, and he is charged with the duty of observing,
6		administering and enforcing the provisions of this Act.
7		(b) The Secretary is vested with the powers and duties for
8		the proper administration of this Act as follows:
9		1. He shall organize the administration of this Act as
10		he may deem necessary and appoint such subordinate
11		officers, clerks and other employees as may be necessary.
12		2. From time to time, he may make, amend or rescind
13		rules and regulations as may be in the public interest to
14		implement the Act.
15		3. He may prescribe or provide suitable forms as
16		necessary, including such forms as are necessary to
17		establish that an applicant for an Illinois Person with a
18		Disability Identification Card is a "person with a
19		disability" disabled person" as defined in Section 4A of
20		this Act, and establish that an applicant for a State
21		identification card is a "homeless person" as defined in
22		Section 1A of this Act.
23		4. He may prepare under the seal of the Secretary of
24		State certified copies of any records utilized under this
25		Act and any such certified copy shall be admissible in any

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1		proceeding in any court in like manner as the original
2		thereof.
3		5. Records compiled under this Act shall be maintained
4		for 6 years, but the Secretary may destroy such records
5		with the prior approval of the State Records Commission.
6		6. He shall examine and determine the genuineness,
7		regularity and legality of every application filed with him
8		under this Act, and he may in all cases investigate the
9		same, require additional information or proof or
10		documentation from any applicant.
11		7. He shall require the payment of all fees prescribed
12		in this Act, and all such fees received by him shall be
13		placed in the Road Fund of the State treasury except as
14		otherwise provided in Section 12 of this Act.
15		(Source: P.A. 96-183, eff. 7-1-10; 97-1064, eff. 1-1-13.)
16		(15 ILCS 335/4) (from Ch. 124, par. 24)
17		Sec. 4. Identification Card.
18		(a) The Secretary of State shall issue a standard Illinois
19		Identification Card to any natural person who is a resident of
20		the State of Illinois who applies for such card, or renewal
21		thereof, or who applies for a standard Illinois Identification
22		Card upon release as a committed person on parole, mandatory
23		supervised release, aftercare release, final discharge, or
24		pardon from the Department of Corrections or Department of
25		Juvenile Justice by submitting an identification card issued by

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1		the Department of Corrections or Department of Juvenile Justice
2		under Section 3-14-1 or Section 3-2.5-70 of the Unified Code of
3		Corrections, together with the prescribed fees. No
4		identification card shall be issued to any person who holds a
5		valid foreign state identification card, license, or permit
6		unless the person first surrenders to the Secretary of State
7		the valid foreign state identification card, license, or
8		permit. The card shall be prepared and supplied by the
9		Secretary of State and shall include a photograph and signature
10		or mark of the applicant. However, the Secretary of State may
11		provide by rule for the issuance of Illinois Identification
12		Cards without photographs if the applicant has a bona fide
13		religious objection to being photographed or to the display of
14		his or her photograph. The Illinois Identification Card may be
15		used for identification purposes in any lawful situation only
16		by the person to whom it was issued. As used in this Act,
17		"photograph" means any color photograph or digitally produced
18		and captured image of an applicant for an identification card.
19		As used in this Act, "signature" means the name of a person as
20		written by that person and captured in a manner acceptable to
21		the Secretary of State.
22		(a-5) If an applicant for an identification card has a
23		current driver's license or instruction permit issued by the
24		Secretary of State, the Secretary may require the applicant to
25		utilize the same residence address and name on the
26		identification card, driver's license, and instruction permit

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

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

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1		agreement with a collaborating physician that authorizes the
2		advanced practice nurse to make this determination, or any
3		other documentation of disability whenever any State law
4		requires that a person with a disability disabled person
5		provide such documentation of disability, however an Illinois
6		Person with a Disability Identification Card shall not qualify
7		the cardholder to participate in any program or to receive any
8		benefit which is not available to all persons with like
9		disabilities. Notwithstanding any other provisions of law, an
10		Illinois Person with a Disability Identification Card, or
11		evidence that the Secretary of State has issued an Illinois
12		Person with a Disability Identification Card, shall not be used
13		by any person other than the person named on such card to prove
14		that the person named on such card is a person with a
15		disability disabled person or for any other purpose unless the
16		card is used for the benefit of the person named on such card,
17		and the person named on such card consents to such use at the
18		time the card is so used.
19		An optometrist's determination of a visual disability
20		under Section 4A of this Act is acceptable as documentation for
21		the purpose of issuing an Illinois Person with a Disability
22		Identification Card.
23		When medical information is contained on an Illinois Person
24		with a Disability Identification Card, the Office of the
25		Secretary of State shall not be liable for any actions taken
26		based upon that medical information.

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1		(c) The Secretary of State shall provide that each original
2		or renewal Illinois Identification Card or Illinois Person with
3		a Disability Identification Card issued to a person under the
4		age of 21 shall be of a distinct nature from those Illinois
5		Identification Cards or Illinois Person with a Disability
6		Identification Cards issued to individuals 21 years of age or
7		older. The color designated for Illinois Identification Cards
8		or Illinois Person with a Disability Identification Cards for
9		persons under the age of 21 shall be at the discretion of the
10		Secretary of State.
11		(c-1) Each original or renewal Illinois Identification
12		Card or Illinois Person with a Disability Identification Card
13		issued to a person under the age of 21 shall display the date
14		upon which the person becomes 18 years of age and the date upon
15		which the person becomes 21 years of age.
16		(c-3) The General Assembly recognizes the need to identify
17		military veterans living in this State for the purpose of
18		ensuring that they receive all of the services and benefits to
19		which they are legally entitled, including healthcare,
20		education assistance, and job placement. To assist the State in
21		identifying these veterans and delivering these vital services
22		and benefits, the Secretary of State is authorized to issue
23		Illinois Identification Cards and Illinois Person with a
24		Disability Identification Cards with the word "veteran"
25		appearing on the face of the cards. This authorization is
26		predicated on the unique status of veterans. The Secretary may

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1		not issue any other identification card which identifies an
2		occupation, status, affiliation, hobby, or other unique
3		characteristics of the identification card holder which is
4		unrelated to the purpose of the identification card.
5		(c-5) Beginning on or before July 1, 2015, the Secretary of
6		State shall designate a space on each original or renewal
7		identification card where, at the request of the applicant, the
8		word "veteran" shall be placed. The veteran designation shall
9		be available to a person identified as a veteran under
10		subsection (b) of Section 5 of this Act who was discharged or
11		separated under honorable conditions.
12		(d) The Secretary of State may issue a Senior Citizen
13		discount card, to any natural person who is a resident of the
14		State of Illinois who is 60 years of age or older and who
15		applies for such a card or renewal thereof. The Secretary of
16		State shall charge no fee to issue such card. The card shall be
17		issued in every county and applications shall be made available
18		at, but not limited to, nutrition sites, senior citizen centers
19		and Area Agencies on Aging. The applicant, upon receipt of such
20		card and prior to its use for any purpose, shall have affixed
21		thereon in the space provided therefor his signature or mark.
22		(e) The Secretary of State, in his or her discretion, may
23		designate on each Illinois Identification Card or Illinois
24		Person with a Disability Identification Card a space where the
25		card holder may place a sticker or decal, issued by the
26		Secretary of State, of uniform size as the Secretary may

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1		specify, that shall indicate in appropriate language that the
2		card holder has renewed his or her Illinois Identification Card
3		or Illinois Person with a Disability Identification Card.
4		(Source: P.A. 97-371, eff. 1-1-12; 97-739, eff. 1-1-13; 97-847,
5		eff. 1-1-13; 97-1064, eff. 1-1-13; 98-323, eff. 1-1-14; 98-463,
6		eff. 8-16-13; 98-558, eff. 1-1-14; 98-756, eff. 7-16-14.)
7		(15 ILCS 335/4A) (from Ch. 124, par. 24A)
8		Sec. 4A. (a) "Person with a disability" as used in this Act
9		means any person who is, and who is expected to indefinitely
10		continue to be, subject to any of the following five types of
11		disabilities:
12		Type One: Physical disability. A physical disability is a
13		physical impairment, disease, or loss, which is of a permanent
14		nature, and which substantially limits physical ability or
15		motor skills. The Secretary of State shall establish standards
16		not inconsistent with this provision necessary to determine the
17		presence of a physical disability.
18		Type Two: Developmental disability. Developmental
19		disability means a disability that is attributable to: (i) an
20		intellectual disability, cerebral palsy, epilepsy, or autism
21		or (ii) any other condition that results in impairment similar
22		to that caused by an intellectual disability and requires
23		services similar to those required by persons with intellectual
24		disabilities. Such a disability must originate before the age
25		of 18 years, be expected to continue indefinitely, and

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1		constitute a substantial disability handicap. The Secretary of
2		State shall establish standards not inconsistent with this
3		provision necessary to determine the presence of a
4		developmental disability.
5		Type Three: Visual disability. A visual disability is
6		blindness, and the term "blindness" means central vision acuity
7		of 20/200 or less in the better eye with the use of a
8		correcting lens. An eye that is accompanied by a limitation in
9		the fields of vision so that the widest diameter of the visual
10		field subtends an angle no greater than 20 degrees shall be
11		considered as having a central vision acuity of 20/200 or less.
12		The Secretary of State shall establish standards not
13		inconsistent with this Section necessary to determine the
14		presence of a visual disability.
15		Type Four: Hearing disability. A hearing disability is a
16		disability resulting in complete absence of hearing, or hearing
17		that with sound enhancing or magnifying equipment is so
18		impaired as to require the use of sensory input other than
19		hearing as the principal means of receiving spoken language.
20		The Secretary of State shall establish standards not
21		inconsistent with this Section necessary to determine the
22		presence of a hearing disability.
23		Type Five: Mental Disability. A mental disability is a
24		significant impairment of an individual's cognitive,
25		affective, or relational abilities that may require
26		intervention and may be a recognized, medically diagnosable

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1		illness or disorder. The Secretary of State shall establish
2		standards not inconsistent with this provision necessary to
3		determine the presence of a mental disability.
4		(b) For purposes of this Act, a disability shall be
5		classified as follows: Class 1 disability: A Class 1 disability
6		is any type disability which does not render a person unable to
7		engage in any substantial gainful activity or which does not
8		impair his ability to live independently or to perform labor or
9		services for which he is qualified. The Secretary of State
10		shall establish standards not inconsistent with this Section
11		necessary to determine the presence of a Class 1 disability.
12		Class 1A disability: A Class 1A disability is a Class 1
13		disability which renders a person unable to walk 200 feet or
14		more unassisted by another person or without the aid of a
15		walker, crutches, braces, prosthetic device or a wheelchair or
16		without great difficulty or discomfort due to the following
17		impairments: neurologic, orthopedic, oncological, respiratory,
18		cardiac, arthritic disorder, blindness, or the loss of function
19		or absence of a limb or limbs. The Secretary of State shall
20		establish standards not inconsistent with this Section
21		necessary to determine the presence of a Class 1A disability.
22		Class 2 disability: A Class 2 disability is any type disability
23		which renders a person unable to engage in any substantial
24		gainful activity, which substantially impairs his ability to
25		live independently without supervision or in-home support
26		services, or which substantially impairs his ability to perform

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1		labor or services for which he is qualified or significantly
2		restricts the labor or services which he is able to perform.
3		The Secretary of State shall establish standards not
4		inconsistent with this Section necessary to determine the
5		presence of a Class 2 disability. Class 2A disability: A Class
6		2A disability is a Class 2 disability which renders a person
7		unable to walk 200 feet or more unassisted by another person or
8		without the aid of a walker, crutches, braces, prosthetic
9		device or a wheelchair or without great difficulty or
10		discomfort due to the following impairments: neurologic,
11		orthopedic, oncological, respiratory, cardiac, arthritic
12		disorder, blindness, or the loss of function or absence of a
13		limb or limbs. The Secretary of State shall establish standards
14		not inconsistent with this Section necessary to determine the
15		presence of a Class 2A disability.
16		(Source: P.A. 97-227, eff. 1-1-12; 97-1064, eff. 1-1-13;
17		98-726, eff. 1-1-15.)
18		(15 ILCS 335/13) (from Ch. 124, par. 33)
19		Sec. 13. Rejection, denial or revocations.
20		(a) The Secretary of State may reject or deny any
21		application if he:
22		1. is not satisfied with the genuineness, regularity or
23		legality of any application; or
24		2. has not been supplied with the required information;
25		or

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1		3. is not satisfied with the truth of any information
2		or documentation supplied by an applicant; or
3		4. determines that the applicant is not entitled to the
4		card as applied for; or
5		5. determines that any fraud was committed by the
6		applicant; or
7		6. determines that a signature is not valid or is a
8		forgery; or
9		7. determines that the applicant has not paid the
10		prescribed fee; or
11		8. determines that the applicant has falsely claimed to
12		be a person with a disability as defined in Section 4A of
13		this Act; or
14		9. cannot verify the accuracy of any information or
15		documentation submitted by the applicant.
16		(b) The Secretary of State may cancel or revoke any
17		identification card issued by him, upon determining that:
18		1. the holder is not legally entitled to the card; or
19		2. the applicant for the card made a false statement or
20		knowingly concealed a material fact in any application
21		filed by him under this Act; or
22		3. any person has displayed or represented as his own a
23		card not issued to him; or
24		4. any holder has permitted the display or use of his
25		card by any other person; or
26		5. that the signature of the applicant was forgery or

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1		that the signature on the card is a forgery; or
2		6. a card has been used for any unlawful or fraudulent
3		purpose; or
4		7. a card has been altered or defaced; or
5		8. any card has been duplicated for any purpose; or
6		9. any card was utilized to counterfeit such cards; or
7		10. the holder of an Illinois Person with a Disability
8		Identification Card is not a person with a disability
9		disabled person as defined in Section 4A of this Act; or
10		11. the holder failed to appear at a Driver Services
11		facility for the reissuance of a card or to present
12		documentation for verification of identity.
13		(c) The Secretary of State is authorized to take possession
14		of and shall make a demand for return of any card which has
15		been cancelled or revoked, unlawfully or erroneously issued, or
16		issued in violation of this Act, and every person to whom such
17		demand is addressed, shall promptly and without delay, return
18		such card to the Secretary pursuant to his instructions, or, he
19		shall surrender any such card to the Secretary or any agent of
20		the Secretary upon demand.
21		(d) The Secretary of State is authorized to take possession
22		of any Illinois Identification Card or Illinois Person with a
23		Disability Identification Card which has been cancelled or
24		revoked, or which is blank, or which has been altered or
25		defaced or duplicated or which is counterfeit or contains a
26		forgery; or otherwise issued in violation of this Act and may

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1		confiscate any suspected fraudulent, fictitious, or altered
2		documents submitted by an applicant in support of an
3		application for an identification card.
4		(Source: P.A. 97-229, eff. 7-28-11; 97-1064, eff. 1-1-13.)
5		Section 80. The State Comptroller Act is amended by
6		changing Sections 10.05 and 23.9 as follows:
7		(15 ILCS 405/10.05) (from Ch. 15, par. 210.05)
8		Sec. 10.05. Deductions from warrants; statement of reason
9		for deduction. Whenever any person shall be entitled to a
10		warrant or other payment from the treasury or other funds held
11		by the State Treasurer, on any account, against whom there
12		shall be any then due and payable account or claim in favor of
13		the State, the United States upon certification by the
14		Secretary of the Treasury of the United States, or his or her
15		delegate, pursuant to a reciprocal offset agreement under
16		subsection (i-1) of Section 10 of the Illinois State Collection
17		Act of 1986, or a unit of local government, a school district,
18		a public institution of higher education, as defined in Section
19		1 of the Board of Higher Education Act, or the clerk of a
20		circuit court, upon certification by that entity, the
21		Comptroller, upon notification thereof, shall ascertain the
22		amount due and payable to the State, the United States, the
23		unit of local government, the school district, the public
24		institution of higher education, or the clerk of the circuit

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1		court, as aforesaid, and draw a warrant on the treasury or on
2		other funds held by the State Treasurer, stating the amount for
3		which the party was entitled to a warrant or other payment, the
4		amount deducted therefrom, and on what account, and directing
5		the payment of the balance; which warrant or payment as so
6		drawn shall be entered on the books of the Treasurer, and such
7		balance only shall be paid. The Comptroller may deduct any one
8		or more of the following: (i) the entire amount due and payable
9		to the State or a portion of the amount due and payable to the
10		State in accordance with the request of the notifying agency;
11		(ii) the entire amount due and payable to the United States or
12		a portion of the amount due and payable to the United States in
13		accordance with a reciprocal offset agreement under subsection
14		(i-1) of Section 10 of the Illinois State Collection Act of
15		1986; or (iii) the entire amount due and payable to the unit of
16		local government, school district, public institution of
17		higher education, or clerk of the circuit court, or a portion
18		of the amount due and payable to that entity, in accordance
19		with an intergovernmental agreement authorized under this
20		Section and Section 10.05d. No request from a notifying agency,
21		the Secretary of the Treasury of the United States, a unit of
22		local government, a school district, a public institution of
23		higher education, or the clerk of a circuit court for an amount
24		to be deducted under this Section from a wage or salary
25		payment, or from a contractual payment to an individual for
26		personal services, shall exceed 25% of the net amount of such

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1		payment. "Net amount" means that part of the earnings of an
2		individual remaining after deduction of any amounts required by
3		law to be withheld. For purposes of this provision, wage,
4		salary or other payments for personal services shall not
5		include final compensation payments for the value of accrued
6		vacation, overtime or sick leave. Whenever the Comptroller
7		draws a warrant or makes a payment involving a deduction
8		ordered under this Section, the Comptroller shall notify the
9		payee and the State agency that submitted the voucher of the
10		reason for the deduction and he or she shall retain a record of
11		such statement in his or her records. As used in this Section,
12		an "account or claim in favor of the State" includes all
13		amounts owing to "State agencies" as defined in Section 7 of
14		this Act. However, the Comptroller shall not be required to
15		accept accounts or claims owing to funds not held by the State
16		Treasurer, where such accounts or claims do not exceed $50, nor
17		shall the Comptroller deduct from funds held by the State
18		Treasurer under the Senior Citizens and Persons with
19		Disabilities Disabled Persons Property Tax Relief Act or for
20		payments to institutions from the Illinois Prepaid Tuition
21		Trust Fund (unless the Trust Fund moneys are used for child
22		support). The Comptroller shall not deduct from payments to be
23		disbursed from the Child Support Enforcement Trust Fund as
24		provided for under Section 12-10.2 of the Illinois Public Aid
25		Code, except for payments representing interest on child
26		support obligations under Section 10-16.5 of that Code. The

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1		Comptroller and the Department of Revenue shall enter into an
2		interagency agreement to establish responsibilities, duties,
3		and procedures relating to deductions from lottery prizes
4		awarded under Section 20.1 of the Illinois Lottery Law. The
5		Comptroller may enter into an intergovernmental agreement with
6		the Department of Revenue and the Secretary of the Treasury of
7		the United States, or his or her delegate, to establish
8		responsibilities, duties, and procedures relating to
9		reciprocal offset of delinquent State and federal obligations
10		pursuant to subsection (i-1) of Section 10 of the Illinois
11		State Collection Act of 1986. The Comptroller may enter into
12		intergovernmental agreements with any unit of local
13		government, school district, public institution of higher
14		education, or clerk of a circuit court to establish
15		responsibilities, duties, and procedures to provide for the
16		offset, by the Comptroller, of obligations owed to those
17		entities.
18		For the purposes of this Section, "clerk of a circuit
19		court" means the clerk of a circuit court in any county in the
20		State.
21		(Source: P.A. 97-269, eff. 12-16-11 (see Section 15 of P.A.
22		97-632 for the effective date of changes made by P.A. 97-269);
23		97-632, eff. 12-16-11; 97-689, eff. 6-14-12; 97-884, eff.
24		8-2-12; 97-970, eff. 8-16-12; 98-463, eff. 8-16-13.)
25		(15 ILCS 405/23.9)

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1		Sec. 23.9. Minority Contractor Opportunity Initiative. The
2		State Comptroller Minority Contractor Opportunity Initiative
3		is created to provide greater opportunities for minority-owned
4		businesses, female-owned businesses, businesses owned by
5		persons with disabilities, and small businesses with 20 or
6		fewer employees in this State to participate in the State
7		procurement process. The initiative shall be administered by
8		the Comptroller. Under this initiative, the Comptroller is
9		responsible for the following: (i) outreach to minority-owned
10		businesses, female-owned businesses, businesses owned by
11		persons with disabilities, and small businesses capable of
12		providing services to the State; (ii) education of
13		minority-owned businesses, female-owned businesses, businesses
14		owned by persons with disabilities, and small businesses
15		concerning State contracting and procurement; (iii)
16		notification of minority-owned businesses, female-owned
17		businesses, businesses owned by persons with disabilities, and
18		small businesses of State contracting opportunities; and (iv)
19		maintenance of an online database of State contracts that
20		identifies the contracts awarded to minority-owned businesses,
21		female-owned businesses, businesses owned by persons with
22		disabilities, and small businesses that includes the total
23		amount paid by State agencies to contractors and the percentage
24		paid to minority-owned businesses, female-owned businesses,
25		businesses owned by persons with disabilities, and small
26		businesses.

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1		The Comptroller shall work with the Business Enterprise
2		Council created under Section 5 of the Business Enterprise for
3		Minorities, Females, and Persons with Disabilities Act to
4		fulfill the Comptroller's responsibilities under this Section.
5		The Comptroller may rely on the Business Enterprise Council's
6		identification of minority-owned businesses, female-owned
7		businesses, and businesses owned by persons with disabilities.
8		The Comptroller shall annually prepare and submit a report
9		to the Governor and the General Assembly concerning the
10		progress of this initiative including the following
11		information for the preceding calendar year: (i) a statement of
12		the total amounts paid by each executive branch agency to
13		contractors since the previous report; (ii) the percentage of
14		the amounts that were paid to minority-owned businesses,
15		female-owned businesses, businesses owned by persons with
16		disabilities, and small businesses; (iii) the successes
17		achieved and the challenges faced by the Comptroller in
18		operating outreach programs for minorities, women, persons
19		with disabilities, and small businesses; (iv) the challenges
20		each executive branch agency may face in hiring qualified
21		minority, female, disabled, and small business employees and
22		employees with disabilities and contracting with qualified
23		minority-owned businesses, female-owned businesses, businesses
24		owned by persons with disabilities, and small businesses; and
25		(iv) any other information, findings, conclusions, and
26		recommendations for legislative or agency action, as the

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1		Comptroller deems appropriate.
2		On and after the effective date of this amendatory Act of
3		the 97th General Assembly, any bidder or offeror awarded a
4		contract of $1,000 or more under Section 20-10, 20-15, 20-25,
5		or 20-30 of the Illinois Procurement Code is required to pay a
6		fee of $15 to cover expenses related to the administration of
7		this Section. The Comptroller shall deduct the fee from the
8		first check issued to the vendor under the contract and deposit
9		the fee into the Comptroller's Administrative Fund. Contracts
10		administered for statewide orders placed by agencies (commonly
11		referred to as "statewide master contracts") are exempt from
12		this fee.
13		(Source: P.A. 97-590, eff. 8-26-11; 98-797, eff. 7-31-14.)
14		Section 85. The Comptroller Merit Employment Code is
15		amended by changing Sections 18a and 18b as follows:
16		(15 ILCS 410/18a) (from Ch. 15, par. 454)
17		Sec. 18a. Equal Employment Opportunity Plan. The Equal
18		Employment Opportunity Officer shall, within 90 days after the
19		effective date of this Act and annually thereafter, submit to
20		the Comptroller a plan for assuring equal employment
21		opportunity. This plan shall include a current detailed status
22		report (a) indicating, by each position in the service of the
23		Comptroller, the number, percentage, and average salary of
24		women, minorities, and individuals with disabilities

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1		handicapped individuals employed; (b) identifying all
2		positions in which the percentage of women, minorities, and
3		individuals with disabilities handicapped employed is less
4		than 4/5 the percentage of women, minorities, and individuals
5		with disabilities handicapped in the State work force; (c)
6		specifying the goals and methods for increasing the percentage
7		of women, minorities, and individuals with disabilities
8		handicapped employed in these positions; and (d) indicating
9		progress and problems towards meeting equal employment
10		opportunity goals.
11		(Source: P.A. 80-1397.)
12		(15 ILCS 410/18b) (from Ch. 15, par. 455)
13		Sec. 18b. Duties of Comptroller's Equal Employment
14		Opportunity Officer. The Comptroller's Equal Employment
15		Opportunity Officer shall:
16		(1) set forth a detailed and uniform method and requirement
17		by which the Office of the Comptroller shall develop and
18		implement equal employment opportunity plans as required in
19		Section 18;
20		(2) establish reporting procedures for measuring progress
21		and evaluation performance in achieving equal employment
22		opportunity goals;
23		(3) provide technical assistance and training to officials
24		of the Office of the Comptroller in achieving equal employment
25		opportunity goals;

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1		(4) develop and implement training programs to help women,
2		minorities, and individuals with disabilities handicapped
3		individuals qualifying for government positions and positions
4		with government contractors;
5		(5) report quarterly to the Comptroller on progress,
6		performance, and problems in meeting equal employment
7		opportunity goals.
8		(Source: P.A. 80-1397.)
9		Section 90. The State Treasurer Act is amended by changing
10		Section 16.5 as follows:
11		(15 ILCS 505/16.5)
12		Sec. 16.5. College Savings Pool. The State Treasurer may
13		establish and administer a College Savings Pool to supplement
14		and enhance the investment opportunities otherwise available
15		to persons seeking to finance the costs of higher education.
16		The State Treasurer, in administering the College Savings Pool,
17		may receive moneys paid into the pool by a participant and may
18		serve as the fiscal agent of that participant for the purpose
19		of holding and investing those moneys.
20		"Participant", as used in this Section, means any person
21		who has authority to withdraw funds, change the designated
22		beneficiary, or otherwise exercise control over an account.
23		"Donor", as used in this Section, means any person who makes
24		investments in the pool. "Designated beneficiary", as used in

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1		this Section, means any person on whose behalf an account is
2		established in the College Savings Pool by a participant. Both
3		in-state and out-of-state persons may be participants, donors,
4		and designated beneficiaries in the College Savings Pool. The
5		College Savings Pool must be available to any individual with a
6		valid social security number or taxpayer identification number
7		for the benefit of any individual with a valid social security
8		number or taxpayer identification number, unless a contract in
9		effect on August 1, 2011 (the effective date of Public Act
10		97-233) does not allow for taxpayer identification numbers, in
11		which case taxpayer identification numbers must be allowed upon
12		the expiration of the contract.
13		New accounts in the College Savings Pool may be processed
14		through participating financial institutions. "Participating
15		financial institution", as used in this Section, means any
16		financial institution insured by the Federal Deposit Insurance
17		Corporation and lawfully doing business in the State of
18		Illinois and any credit union approved by the State Treasurer
19		and lawfully doing business in the State of Illinois that
20		agrees to process new accounts in the College Savings Pool.
21		Participating financial institutions may charge a processing
22		fee to participants to open an account in the pool that shall
23		not exceed $30 until the year 2001. Beginning in 2001 and every
24		year thereafter, the maximum fee limit shall be adjusted by the
25		Treasurer based on the Consumer Price Index for the North
26		Central Region as published by the United States Department of

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1		Labor, Bureau of Labor Statistics for the immediately preceding
2		calendar year. Every contribution received by a financial
3		institution for investment in the College Savings Pool shall be
4		transferred from the financial institution to a location
5		selected by the State Treasurer within one business day
6		following the day that the funds must be made available in
7		accordance with federal law. All communications from the State
8		Treasurer to participants and donors shall reference the
9		participating financial institution at which the account was
10		processed.
11		The Treasurer may invest the moneys in the College Savings
12		Pool in the same manner and in the same types of investments
13		provided for the investment of moneys by the Illinois State
14		Board of Investment. To enhance the safety and liquidity of the
15		College Savings Pool, to ensure the diversification of the
16		investment portfolio of the pool, and in an effort to keep
17		investment dollars in the State of Illinois, the State
18		Treasurer may make a percentage of each account available for
19		investment in participating financial institutions doing
20		business in the State. The State Treasurer may deposit with the
21		participating financial institution at which the account was
22		processed the following percentage of each account at a
23		prevailing rate offered by the institution, provided that the
24		deposit is federally insured or fully collateralized and the
25		institution accepts the deposit: 10% of the total amount of
26		each account for which the current age of the beneficiary is

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1		less than 7 years of age, 20% of the total amount of each
2		account for which the beneficiary is at least 7 years of age
3		and less than 12 years of age, and 50% of the total amount of
4		each account for which the current age of the beneficiary is at
5		least 12 years of age. The Treasurer shall develop, publish,
6		and implement an investment policy covering the investment of
7		the moneys in the College Savings Pool. The policy shall be
8		published each year as part of the audit of the College Savings
9		Pool by the Auditor General, which shall be distributed to all
10		participants. The Treasurer shall notify all participants in
11		writing, and the Treasurer shall publish in a newspaper of
12		general circulation in both Chicago and Springfield, any
13		changes to the previously published investment policy at least
14		30 calendar days before implementing the policy. Any investment
15		policy adopted by the Treasurer shall be reviewed and updated
16		if necessary within 90 days following the date that the State
17		Treasurer takes office.
18		Participants shall be required to use moneys distributed
19		from the College Savings Pool for qualified expenses at
20		eligible educational institutions. "Qualified expenses", as
21		used in this Section, means the following: (i) tuition, fees,
22		and the costs of books, supplies, and equipment required for
23		enrollment or attendance at an eligible educational
24		institution and (ii) certain room and board expenses incurred
25		while attending an eligible educational institution at least
26		half-time. "Eligible educational institutions", as used in

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1		this Section, means public and private colleges, junior
2		colleges, graduate schools, and certain vocational
3		institutions that are described in Section 481 of the Higher
4		Education Act of 1965 (20 U.S.C. 1088) and that are eligible to
5		participate in Department of Education student aid programs. A
6		student shall be considered to be enrolled at least half-time
7		if the student is enrolled for at least half the full-time
8		academic work load for the course of study the student is
9		pursuing as determined under the standards of the institution
10		at which the student is enrolled. Distributions made from the
11		pool for qualified expenses shall be made directly to the
12		eligible educational institution, directly to a vendor, or in
13		the form of a check payable to both the beneficiary and the
14		institution or vendor. Any moneys that are distributed in any
15		other manner or that are used for expenses other than qualified
16		expenses at an eligible educational institution shall be
17		subject to a penalty of 10% of the earnings unless the
18		beneficiary dies, becomes a person with a disability disabled,
19		or receives a scholarship that equals or exceeds the
20		distribution. Penalties shall be withheld at the time the
21		distribution is made.
22		The Treasurer shall limit the contributions that may be
23		made on behalf of a designated beneficiary based on the
24		limitations established by the Internal Revenue Service. The
25		contributions made on behalf of a beneficiary who is also a
26		beneficiary under the Illinois Prepaid Tuition Program shall be

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1		further restricted to ensure that the contributions in both
2		programs combined do not exceed the limit established for the
3		College Savings Pool. The Treasurer shall provide the Illinois
4		Student Assistance Commission each year at a time designated by
5		the Commission, an electronic report of all participant
6		accounts in the Treasurer's College Savings Pool, listing total
7		contributions and disbursements from each individual account
8		during the previous calendar year. As soon thereafter as is
9		possible following receipt of the Treasurer's report, the
10		Illinois Student Assistance Commission shall, in turn, provide
11		the Treasurer with an electronic report listing those College
12		Savings Pool participants who also participate in the State's
13		prepaid tuition program, administered by the Commission. The
14		Commission shall be responsible for filing any combined tax
15		reports regarding State qualified savings programs required by
16		the United States Internal Revenue Service. The Treasurer shall
17		work with the Illinois Student Assistance Commission to
18		coordinate the marketing of the College Savings Pool and the
19		Illinois Prepaid Tuition Program when considered beneficial by
20		the Treasurer and the Director of the Illinois Student
21		Assistance Commission. The Treasurer's office shall not
22		publicize or otherwise market the College Savings Pool or
23		accept any moneys into the College Savings Pool prior to March
24		1, 2000. The Treasurer shall provide a separate accounting for
25		each designated beneficiary to each participant, the Illinois
26		Student Assistance Commission, and the participating financial

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1		institution at which the account was processed. No interest in
2		the program may be pledged as security for a loan. Moneys held
3		in an account invested in the Illinois College Savings Pool
4		shall be exempt from all claims of the creditors of the
5		participant, donor, or designated beneficiary of that account,
6		except for the non-exempt College Savings Pool transfers to or
7		from the account as defined under subsection (j) of Section
8		12-1001 of the Code of Civil Procedure (735 ILCS 5/12-1001(j)).
9		The assets of the College Savings Pool and its income and
10		operation shall be exempt from all taxation by the State of
11		Illinois and any of its subdivisions. The accrued earnings on
12		investments in the Pool once disbursed on behalf of a
13		designated beneficiary shall be similarly exempt from all
14		taxation by the State of Illinois and its subdivisions, so long
15		as they are used for qualified expenses. Contributions to a
16		College Savings Pool account during the taxable year may be
17		deducted from adjusted gross income as provided in Section 203
18		of the Illinois Income Tax Act. The provisions of this
19		paragraph are exempt from Section 250 of the Illinois Income
20		Tax Act.
21		The Treasurer shall adopt rules he or she considers
22		necessary for the efficient administration of the College
23		Savings Pool. The rules shall provide whatever additional
24		parameters and restrictions are necessary to ensure that the
25		College Savings Pool meets all of the requirements for a
26		qualified state tuition program under Section 529 of the

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1		Internal Revenue Code (26 U.S.C. 529). The rules shall provide
2		for the administration expenses of the pool to be paid from its
3		earnings and for the investment earnings in excess of the
4		expenses and all moneys collected as penalties to be credited
5		or paid monthly to the several participants in the pool in a
6		manner which equitably reflects the differing amounts of their
7		respective investments in the pool and the differing periods of
8		time for which those amounts were in the custody of the pool.
9		Also, the rules shall require the maintenance of records that
10		enable the Treasurer's office to produce a report for each
11		account in the pool at least annually that documents the
12		account balance and investment earnings. Notice of any proposed
13		amendments to the rules and regulations shall be provided to
14		all participants prior to adoption. Amendments to rules and
15		regulations shall apply only to contributions made after the
16		adoption of the amendment.
17		Upon creating the College Savings Pool, the State Treasurer
18		shall give bond with 2 or more sufficient sureties, payable to
19		and for the benefit of the participants in the College Savings
20		Pool, in the penal sum of $1,000,000, conditioned upon the
21		faithful discharge of his or her duties in relation to the
22		College Savings Pool.
23		(Source: P.A. 97-233, eff. 8-1-11; 97-537, eff. 8-23-11;
24		97-813, eff. 7-13-12.)
25		Section 95. The Civil Administrative Code of Illinois is

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1		amended by changing Section 5-550 as follows:
2		(20 ILCS 5/5-550) (was 20 ILCS 5/6.23)
3		Sec. 5-550. In the Department of Human Services. A State
4		Rehabilitation Council, hereinafter referred to as the
5		Council, is hereby established for the purpose of complying
6		with the requirements of 34 CFR 361.16 and advising the
7		Secretary of Human Services and the vocational rehabilitation
8		administrator of the provisions of the federal Rehabilitation
9		Act of 1973 and the Americans with Disabilities Act of 1990 in
10		matters concerning individuals with disabilities and the
11		provision of vocational rehabilitation services. The Council
12		shall consist of members appointed by the Governor after
13		soliciting recommendations from organizations representing a
14		broad range of individuals with disabilities and organizations
15		interested in individuals with disabilities. However, the
16		Governor may delegate his appointing authority under this
17		Section to the Council by executive order.
18		The Council shall consist of the following appointed
19		members:
20		(1) One representative of a parent training center
21		established in accordance with the federal Individuals
22		with Disabilities Education Act.
23		(2) One representative of the Client Assistance
24		Program.
25		(3) One vocational rehabilitation counselor who has

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1		knowledge of and experience with vocational rehabilitation
2		programs. If an employee of the Department of Human
3		Services is appointed under this item, then he or she shall
4		serve as an ex officio, nonvoting member.
5		(4) One representative of community rehabilitation
6		program service providers.
7		(5) Four representatives of business, industry, and
8		labor.
9		(6) At least two but not more than five representatives
10		of disability advocacy groups representing a cross section
11		of the following:
12		(A) individuals with physical, cognitive, sensory,
13		and mental disabilities; and
14		(B) parents, family members, guardians, advocates,
15		or authorized representative of individuals with
16		disabilities who have difficulty in representing
17		themselves or who are unable, due to their
18		disabilities, to represent themselves.
19		(7) One current or former applicant for, or recipient
20		of, vocational rehabilitation services.
21		(8) One representative from secondary or higher
22		education.
23		(9) One representative of the State Workforce
24		Investment Board.
25		(10) One representative of the Illinois State Board of
26		Education who is knowledgeable about the Individuals with

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1		Disabilities Education Act.
2		(11) The chairperson of, or a member designated by, the
3		Statewide Independent Living Council established under
4		Section 12a of the Rehabilitation of Persons with
5		Disabilities Disabled Persons Rehabilitation Act.
6		(12) The chairperson of, or a member designated by, the
7		Blind Services Planning Council established under Section
8		7 of the Bureau for the Blind Act.
9		(13) The vocational rehabilitation administrator, as
10		defined in Section 1b of the Rehabilitation of Persons with
11		Disabilities Disabled Persons Rehabilitation Act, who
12		shall serve as an ex officio, nonvoting member.
13		The Council shall select a Chairperson.
14		The Chairperson and a majority of the members of the
15		Council shall be persons who are individuals with disabilities.
16		At least one member shall be a senior citizen age 60 or over,
17		and at least one member shall be at least 18 but not more than
18		25 years old. A majority of the Council members shall not be
19		employees of the Department of Human Services.
20		Members appointed to the Council for full terms on or after
21		the effective date of this amendatory Act of the 98th General
22		Assembly shall be appointed for terms of 3 years. No Council
23		member, other than the vocational rehabilitation administrator
24		and the representative of the Client Assistance Program, shall
25		serve for more than 2 consecutive terms as a representative of
26		one of the 13 enumerated categories. If an individual, other

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1		than the vocational rehabilitation administrator and the
2		representative of the Client Assistance Program, has completed
3		2 consecutive terms and is eligible to seek appointment as a
4		representative of one of the other enumerated categories, then
5		that individual may be appointed to serve as a representative
6		of one of those other enumerated categories after a meaningful
7		break in Council service, as defined by the Council through its
8		by-laws.
9		Vacancies for unexpired terms shall be filled. Individuals
10		appointed by the appointing authority to fill an unexpired term
11		shall complete the remainder of the vacated term. When the
12		initial term of a person appointed to fill a vacancy is
13		completed, the individual appointed to fill that vacancy may be
14		re-appointed by the appointing authority to the vacated
15		position for one subsequent term.
16		If an excessive number of expired terms and vacated terms
17		combine to place an undue burden on the Council, the appointing
18		authority may appoint members for terms of 1, 2, or 3 years.
19		The appointing authority shall determine the terms of Council
20		members to ensure the number of terms expiring each year is as
21		close to equal as possible.
22		Notwithstanding the foregoing, a member who is serving on
23		the Council on the effective date of this amendatory Act of the
24		98th General Assembly and whose term expires as a result of the
25		changes made by this amendatory Act of the 98th General
26		Assembly may complete the unexpired portion of his or her term.

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1		Members shall be reimbursed in accordance with State laws,
2		rules, and rates for expenses incurred in the performance of
3		their approved, Council-related duties, including expenses for
4		travel, child care, or personal assistance services. A member
5		who is not employed or who must forfeit wages from other
6		employment may be paid reasonable compensation, as determined
7		by the Department, for each day the member is engaged in
8		performing approved duties of the Council.
9		The Council shall meet at least 4 times per year at times
10		and places designated by the Chairperson upon 10 days written
11		notice to the members. Special meetings may be called by the
12		Chairperson or 7 members of the Council upon 7 days written
13		notice to the other members. Nine members shall constitute a
14		quorum. No member of the Council shall cast a vote on any
15		matter that would provide direct financial benefit to the
16		member or otherwise give the appearance of a conflict of
17		interest under Illinois law.
18		The Council shall prepare and submit to the vocational
19		rehabilitation administrator the reports and findings that the
20		vocational rehabilitation administrator may request or that
21		the Council deems fit. The Council shall select jointly with
22		the vocational rehabilitation administrator a pool of
23		qualified persons to serve as impartial hearing officers. The
24		Council shall, with the vocational rehabilitation unit in the
25		Department, jointly develop, agree to, and review annually
26		State goals and priorities and jointly submit annual reports of

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1		progress to the federal Commissioner of the Rehabilitation
2		Services Administration.
3		To the extent that there is a disagreement between the
4		Council and the unit within the Department of Human Services
5		responsible for the administration of the vocational
6		rehabilitation program, regarding the resources necessary to
7		carry out the functions of the Council as set forth in this
8		Section, the disagreement shall be resolved by the Governor.
9		(Source: P.A. 98-76, eff. 7-15-13.)
10		Section 100. The Illinois Employment First Act is amended
11		by changing Section 10 as follows:
12		(20 ILCS 40/10)
13		Sec. 10. Definitions. As used in this Act:
14		"Competitive employment" means work in the competitive
15		labor market that is performed on a full-time or part-time
16		basis in an integrated setting and for which an individual is
17		compensated at or above the minimum wage, but not less than the
18		customary wage and level of benefits paid by the employer for
19		the same or similar work performed by individuals who are not
20		persons with disabilities disabled.
21		"Disability" has the meaning ascribed to that term in
22		Section 10 of the Disabilities Services Act of 2003.
23		"Integrated setting" means with respect to an employment
24		outcome, a setting typically found in the community in which

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1		applicants or eligible individuals interact with individuals
2		without disabilities non-disabled individuals, other than
3		individuals without disabilities non-disabled individuals who
4		are providing services to those applicants or eligible
5		individuals, to the same extent that individuals without
6		disabilities non-disabled individuals in comparable positions
7		interact with other persons.
8		"State agency" means and includes all boards, commissions,
9		agencies, institutions, authorities, and bodies politic and
10		corporate of the State, created by or in accordance with the
11		Illinois Constitution or State statute, of the executive branch
12		of State government and does include colleges, universities,
13		public employee retirement systems, and institutions under the
14		jurisdiction of the governing boards of the University of
15		Illinois, Southern Illinois University, Illinois State
16		University, Eastern Illinois University, Northern Illinois
17		University, Western Illinois University, Chicago State
18		University, Governors State University, Northeastern Illinois
19		University, and the Illinois Board of Higher Education.
20		(Source: P.A. 98-91, eff. 7-16-13.)
21		Section 105. The Illinois Act on the Aging is amended by
22		changing Sections 4.02, 4.03, and 4.15 as follows:
23		(20 ILCS 105/4.02) (from Ch. 23, par. 6104.02)
24		(Text of Section before amendment by P.A. 98-1171)

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1		Sec. 4.02. Community Care Program. The Department shall
2		establish a program of services to prevent unnecessary
3		institutionalization of persons age 60 and older in need of
4		long term care or who are established as persons who suffer
5		from Alzheimer's disease or a related disorder under the
6		Alzheimer's Disease Assistance Act, thereby enabling them to
7		remain in their own homes or in other living arrangements. Such
8		preventive services, which may be coordinated with other
9		programs for the aged and monitored by area agencies on aging
10		in cooperation with the Department, may include, but are not
11		limited to, any or all of the following:
12		(a) (blank);
13		(b) (blank);
14		(c) home care aide services;
15		(d) personal assistant services;
16		(e) adult day services;
17		(f) home-delivered meals;
18		(g) education in self-care;
19		(h) personal care services;
20		(i) adult day health services;
21		(j) habilitation services;
22		(k) respite care;
23		(k-5) community reintegration services;
24		(k-6) flexible senior services;
25		(k-7) medication management;
26		(k-8) emergency home response;

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1		(l) other nonmedical social services that may enable
2		the person to become self-supporting; or
3		(m) clearinghouse for information provided by senior
4		citizen home owners who want to rent rooms to or share
5		living space with other senior citizens.
6		The Department shall establish eligibility standards for
7		such services. In determining the amount and nature of services
8		for which a person may qualify, consideration shall not be
9		given to the value of cash, property or other assets held in
10		the name of the person's spouse pursuant to a written agreement
11		dividing marital property into equal but separate shares or
12		pursuant to a transfer of the person's interest in a home to
13		his spouse, provided that the spouse's share of the marital
14		property is not made available to the person seeking such
15		services.
16		Beginning January 1, 2008, the Department shall require as
17		a condition of eligibility that all new financially eligible
18		applicants apply for and enroll in medical assistance under
19		Article V of the Illinois Public Aid Code in accordance with
20		rules promulgated by the Department.
21		The Department shall, in conjunction with the Department of
22		Public Aid (now Department of Healthcare and Family Services),
23		seek appropriate amendments under Sections 1915 and 1924 of the
24		Social Security Act. The purpose of the amendments shall be to
25		extend eligibility for home and community based services under
26		Sections 1915 and 1924 of the Social Security Act to persons

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1		who transfer to or for the benefit of a spouse those amounts of
2		income and resources allowed under Section 1924 of the Social
3		Security Act. Subject to the approval of such amendments, the
4		Department shall extend the provisions of Section 5-4 of the
5		Illinois Public Aid Code to persons who, but for the provision
6		of home or community-based services, would require the level of
7		care provided in an institution, as is provided for in federal
8		law. Those persons no longer found to be eligible for receiving
9		noninstitutional services due to changes in the eligibility
10		criteria shall be given 45 days notice prior to actual
11		termination. Those persons receiving notice of termination may
12		contact the Department and request the determination be
13		appealed at any time during the 45 day notice period. The
14		target population identified for the purposes of this Section
15		are persons age 60 and older with an identified service need.
16		Priority shall be given to those who are at imminent risk of
17		institutionalization. The services shall be provided to
18		eligible persons age 60 and older to the extent that the cost
19		of the services together with the other personal maintenance
20		expenses of the persons are reasonably related to the standards
21		established for care in a group facility appropriate to the
22		person's condition. These non-institutional services, pilot
23		projects or experimental facilities may be provided as part of
24		or in addition to those authorized by federal law or those
25		funded and administered by the Department of Human Services.
26		The Departments of Human Services, Healthcare and Family

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1		Services, Public Health, Veterans' Affairs, and Commerce and
2		Economic Opportunity and other appropriate agencies of State,
3		federal and local governments shall cooperate with the
4		Department on Aging in the establishment and development of the
5		non-institutional services. The Department shall require an
6		annual audit from all personal assistant and home care aide
7		vendors contracting with the Department under this Section. The
8		annual audit shall assure that each audited vendor's procedures
9		are in compliance with Department's financial reporting
10		guidelines requiring an administrative and employee wage and
11		benefits cost split as defined in administrative rules. The
12		audit is a public record under the Freedom of Information Act.
13		The Department shall execute, relative to the nursing home
14		prescreening project, written inter-agency agreements with the
15		Department of Human Services and the Department of Healthcare
16		and Family Services, to effect the following: (1) intake
17		procedures and common eligibility criteria for those persons
18		who are receiving non-institutional services; and (2) the
19		establishment and development of non-institutional services in
20		areas of the State where they are not currently available or
21		are undeveloped. On and after July 1, 1996, all nursing home
22		prescreenings for individuals 60 years of age or older shall be
23		conducted by the Department.
24		As part of the Department on Aging's routine training of
25		case managers and case manager supervisors, the Department may
26		include information on family futures planning for persons who

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1		are age 60 or older and who are caregivers of their adult
2		children with developmental disabilities. The content of the
3		training shall be at the Department's discretion.
4		The Department is authorized to establish a system of
5		recipient copayment for services provided under this Section,
6		such copayment to be based upon the recipient's ability to pay
7		but in no case to exceed the actual cost of the services
8		provided. Additionally, any portion of a person's income which
9		is equal to or less than the federal poverty standard shall not
10		be considered by the Department in determining the copayment.
11		The level of such copayment shall be adjusted whenever
12		necessary to reflect any change in the officially designated
13		federal poverty standard.
14		The Department, or the Department's authorized
15		representative, may recover the amount of moneys expended for
16		services provided to or in behalf of a person under this
17		Section by a claim against the person's estate or against the
18		estate of the person's surviving spouse, but no recovery may be
19		had until after the death of the surviving spouse, if any, and
20		then only at such time when there is no surviving child who is
21		under age 21 or , blind or who has a permanent and total
22		disability , or permanently and totally disabled. This
23		paragraph, however, shall not bar recovery, at the death of the
24		person, of moneys for services provided to the person or in
25		behalf of the person under this Section to which the person was
26		not entitled; provided that such recovery shall not be enforced

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1		against any real estate while it is occupied as a homestead by
2		the surviving spouse or other dependent, if no claims by other
3		creditors have been filed against the estate, or, if such
4		claims have been filed, they remain dormant for failure of
5		prosecution or failure of the claimant to compel administration
6		of the estate for the purpose of payment. This paragraph shall
7		not bar recovery from the estate of a spouse, under Sections
8		1915 and 1924 of the Social Security Act and Section 5-4 of the
9		Illinois Public Aid Code, who precedes a person receiving
10		services under this Section in death. All moneys for services
11		paid to or in behalf of the person under this Section shall be
12		claimed for recovery from the deceased spouse's estate.
13		"Homestead", as used in this paragraph, means the dwelling
14		house and contiguous real estate occupied by a surviving spouse
15		or relative, as defined by the rules and regulations of the
16		Department of Healthcare and Family Services, regardless of the
17		value of the property.
18		The Department shall increase the effectiveness of the
19		existing Community Care Program by:
20		(1) ensuring that in-home services included in the care
21		plan are available on evenings and weekends;
22		(2) ensuring that care plans contain the services that
23		eligible participants need based on the number of days in a
24		month, not limited to specific blocks of time, as
25		identified by the comprehensive assessment tool selected
26		by the Department for use statewide, not to exceed the

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1		total monthly service cost maximum allowed for each
2		service; the Department shall develop administrative rules
3		to implement this item (2);
4		(3) ensuring that the participants have the right to
5		choose the services contained in their care plan and to
6		direct how those services are provided, based on
7		administrative rules established by the Department;
8		(4) ensuring that the determination of need tool is
9		accurate in determining the participants' level of need; to
10		achieve this, the Department, in conjunction with the Older
11		Adult Services Advisory Committee, shall institute a study
12		of the relationship between the Determination of Need
13		scores, level of need, service cost maximums, and the
14		development and utilization of service plans no later than
15		May 1, 2008; findings and recommendations shall be
16		presented to the Governor and the General Assembly no later
17		than January 1, 2009; recommendations shall include all
18		needed changes to the service cost maximums schedule and
19		additional covered services;
20		(5) ensuring that homemakers can provide personal care
21		services that may or may not involve contact with clients,
22		including but not limited to:
23		(A) bathing;
24		(B) grooming;
25		(C) toileting;
26		(D) nail care;

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1		(E) transferring;
2		(F) respiratory services;
3		(G) exercise; or
4		(H) positioning;
5		(6) ensuring that homemaker program vendors are not
6		restricted from hiring homemakers who are family members of
7		clients or recommended by clients; the Department may not,
8		by rule or policy, require homemakers who are family
9		members of clients or recommended by clients to accept
10		assignments in homes other than the client;
11		(7) ensuring that the State may access maximum federal
12		matching funds by seeking approval for the Centers for
13		Medicare and Medicaid Services for modifications to the
14		State's home and community based services waiver and
15		additional waiver opportunities, including applying for
16		enrollment in the Balance Incentive Payment Program by May
17		1, 2013, in order to maximize federal matching funds; this
18		shall include, but not be limited to, modification that
19		reflects all changes in the Community Care Program services
20		and all increases in the services cost maximum;
21		(8) ensuring that the determination of need tool
22		accurately reflects the service needs of individuals with
23		Alzheimer's disease and related dementia disorders;
24		(9) ensuring that services are authorized accurately
25		and consistently for the Community Care Program (CCP); the
26		Department shall implement a Service Authorization policy

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1		directive; the purpose shall be to ensure that eligibility
2		and services are authorized accurately and consistently in
3		the CCP program; the policy directive shall clarify service
4		authorization guidelines to Care Coordination Units and
5		Community Care Program providers no later than May 1, 2013;
6		(10) working in conjunction with Care Coordination
7		Units, the Department of Healthcare and Family Services,
8		the Department of Human Services, Community Care Program
9		providers, and other stakeholders to make improvements to
10		the Medicaid claiming processes and the Medicaid
11		enrollment procedures or requirements as needed,
12		including, but not limited to, specific policy changes or
13		rules to improve the up-front enrollment of participants in
14		the Medicaid program and specific policy changes or rules
15		to insure more prompt submission of bills to the federal
16		government to secure maximum federal matching dollars as
17		promptly as possible; the Department on Aging shall have at
18		least 3 meetings with stakeholders by January 1, 2014 in
19		order to address these improvements;
20		(11) requiring home care service providers to comply
21		with the rounding of hours worked provisions under the
22		federal Fair Labor Standards Act (FLSA) and as set forth in
23		29 CFR 785.48(b) by May 1, 2013;
24		(12) implementing any necessary policy changes or
25		promulgating any rules, no later than January 1, 2014, to
26		assist the Department of Healthcare and Family Services in

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1		moving as many participants as possible, consistent with
2		federal regulations, into coordinated care plans if a care
3		coordination plan that covers long term care is available
4		in the recipient's area; and
5		(13) maintaining fiscal year 2014 rates at the same
6		level established on January 1, 2013.
7		By January 1, 2009 or as soon after the end of the Cash and
8		Counseling Demonstration Project as is practicable, the
9		Department may, based on its evaluation of the demonstration
10		project, promulgate rules concerning personal assistant
11		services, to include, but need not be limited to,
12		qualifications, employment screening, rights under fair labor
13		standards, training, fiduciary agent, and supervision
14		requirements. All applicants shall be subject to the provisions
15		of the Health Care Worker Background Check Act.
16		The Department shall develop procedures to enhance
17		availability of services on evenings, weekends, and on an
18		emergency basis to meet the respite needs of caregivers.
19		Procedures shall be developed to permit the utilization of
20		services in successive blocks of 24 hours up to the monthly
21		maximum established by the Department. Workers providing these
22		services shall be appropriately trained.
23		Beginning on the effective date of this Amendatory Act of
24		1991, no person may perform chore/housekeeping and home care
25		aide services under a program authorized by this Section unless
26		that person has been issued a certificate of pre-service to do

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1		so by his or her employing agency. Information gathered to
2		effect such certification shall include (i) the person's name,
3		(ii) the date the person was hired by his or her current
4		employer, and (iii) the training, including dates and levels.
5		Persons engaged in the program authorized by this Section
6		before the effective date of this amendatory Act of 1991 shall
7		be issued a certificate of all pre- and in-service training
8		from his or her employer upon submitting the necessary
9		information. The employing agency shall be required to retain
10		records of all staff pre- and in-service training, and shall
11		provide such records to the Department upon request and upon
12		termination of the employer's contract with the Department. In
13		addition, the employing agency is responsible for the issuance
14		of certifications of in-service training completed to their
15		employees.
16		The Department is required to develop a system to ensure
17		that persons working as home care aides and personal assistants
18		receive increases in their wages when the federal minimum wage
19		is increased by requiring vendors to certify that they are
20		meeting the federal minimum wage statute for home care aides
21		and personal assistants. An employer that cannot ensure that
22		the minimum wage increase is being given to home care aides and
23		personal assistants shall be denied any increase in
24		reimbursement costs.
25		The Community Care Program Advisory Committee is created in
26		the Department on Aging. The Director shall appoint individuals

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1		to serve in the Committee, who shall serve at their own
2		expense. Members of the Committee must abide by all applicable
3		ethics laws. The Committee shall advise the Department on
4		issues related to the Department's program of services to
5		prevent unnecessary institutionalization. The Committee shall
6		meet on a bi-monthly basis and shall serve to identify and
7		advise the Department on present and potential issues affecting
8		the service delivery network, the program's clients, and the
9		Department and to recommend solution strategies. Persons
10		appointed to the Committee shall be appointed on, but not
11		limited to, their own and their agency's experience with the
12		program, geographic representation, and willingness to serve.
13		The Director shall appoint members to the Committee to
14		represent provider, advocacy, policy research, and other
15		constituencies committed to the delivery of high quality home
16		and community-based services to older adults. Representatives
17		shall be appointed to ensure representation from community care
18		providers including, but not limited to, adult day service
19		providers, homemaker providers, case coordination and case
20		management units, emergency home response providers, statewide
21		trade or labor unions that represent home care aides and direct
22		care staff, area agencies on aging, adults over age 60,
23		membership organizations representing older adults, and other
24		organizational entities, providers of care, or individuals
25		with demonstrated interest and expertise in the field of home
26		and community care as determined by the Director.

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1		Nominations may be presented from any agency or State
2		association with interest in the program. The Director, or his
3		or her designee, shall serve as the permanent co-chair of the
4		advisory committee. One other co-chair shall be nominated and
5		approved by the members of the committee on an annual basis.
6		Committee members' terms of appointment shall be for 4 years
7		with one-quarter of the appointees' terms expiring each year. A
8		member shall continue to serve until his or her replacement is
9		named. The Department shall fill vacancies that have a
10		remaining term of over one year, and this replacement shall
11		occur through the annual replacement of expiring terms. The
12		Director shall designate Department staff to provide technical
13		assistance and staff support to the committee. Department
14		representation shall not constitute membership of the
15		committee. All Committee papers, issues, recommendations,
16		reports, and meeting memoranda are advisory only. The Director,
17		or his or her designee, shall make a written report, as
18		requested by the Committee, regarding issues before the
19		Committee.
20		The Department on Aging and the Department of Human
21		Services shall cooperate in the development and submission of
22		an annual report on programs and services provided under this
23		Section. Such joint report shall be filed with the Governor and
24		the General Assembly on or before September 30 each year.
25		The requirement for reporting to the General Assembly shall
26		be satisfied by filing copies of the report with the Speaker,

HB4049 Engrossed - 201 - LRB099 03667 KTG 23678 b
1		the Minority Leader and the Clerk of the House of
2		Representatives and the President, the Minority Leader and the
3		Secretary of the Senate and the Legislative Research Unit, as
4		required by Section 3.1 of the General Assembly Organization
5		Act and filing such additional copies with the State Government
6		Report Distribution Center for the General Assembly as is
7		required under paragraph (t) of Section 7 of the State Library
8		Act.
9		Those persons previously found eligible for receiving
10		non-institutional services whose services were discontinued
11		under the Emergency Budget Act of Fiscal Year 1992, and who do
12		not meet the eligibility standards in effect on or after July
13		1, 1992, shall remain ineligible on and after July 1, 1992.
14		Those persons previously not required to cost-share and who
15		were required to cost-share effective March 1, 1992, shall
16		continue to meet cost-share requirements on and after July 1,
17		1992. Beginning July 1, 1992, all clients will be required to
18		meet eligibility, cost-share, and other requirements and will
19		have services discontinued or altered when they fail to meet
20		these requirements.
21		For the purposes of this Section, "flexible senior
22		services" refers to services that require one-time or periodic
23		expenditures including, but not limited to, respite care, home
24		modification, assistive technology, housing assistance, and
25		transportation.
26		The Department shall implement an electronic service

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1		verification based on global positioning systems or other
2		cost-effective technology for the Community Care Program no
3		later than January 1, 2014.
4		The Department shall require, as a condition of
5		eligibility, enrollment in the medical assistance program
6		under Article V of the Illinois Public Aid Code (i) beginning
7		August 1, 2013, if the Auditor General has reported that the
8		Department has failed to comply with the reporting requirements
9		of Section 2-27 of the Illinois State Auditing Act; or (ii)
10		beginning June 1, 2014, if the Auditor General has reported
11		that the Department has not undertaken the required actions
12		listed in the report required by subsection (a) of Section 2-27
13		of the Illinois State Auditing Act.
14		The Department shall delay Community Care Program services
15		until an applicant is determined eligible for medical
16		assistance under Article V of the Illinois Public Aid Code (i)
17		beginning August 1, 2013, if the Auditor General has reported
18		that the Department has failed to comply with the reporting
19		requirements of Section 2-27 of the Illinois State Auditing
20		Act; or (ii) beginning June 1, 2014, if the Auditor General has
21		reported that the Department has not undertaken the required
22		actions listed in the report required by subsection (a) of
23		Section 2-27 of the Illinois State Auditing Act.
24		The Department shall implement co-payments for the
25		Community Care Program at the federally allowable maximum level
26		(i) beginning August 1, 2013, if the Auditor General has

HB4049 Engrossed - 203 - LRB099 03667 KTG 23678 b
1		reported that the Department has failed to comply with the
2		reporting requirements of Section 2-27 of the Illinois State
3		Auditing Act; or (ii) beginning June 1, 2014, if the Auditor
4		General has reported that the Department has not undertaken the
5		required actions listed in the report required by subsection
6		(a) of Section 2-27 of the Illinois State Auditing Act.
7		The Department shall provide a bi-monthly report on the
8		progress of the Community Care Program reforms set forth in
9		this amendatory Act of the 98th General Assembly to the
10		Governor, the Speaker of the House of Representatives, the
11		Minority Leader of the House of Representatives, the President
12		of the Senate, and the Minority Leader of the Senate.
13		The Department shall conduct a quarterly review of Care
14		Coordination Unit performance and adherence to service
15		guidelines. The quarterly review shall be reported to the
16		Speaker of the House of Representatives, the Minority Leader of
17		the House of Representatives, the President of the Senate, and
18		the Minority Leader of the Senate. The Department shall collect
19		and report longitudinal data on the performance of each care
20		coordination unit. Nothing in this paragraph shall be construed
21		to require the Department to identify specific care
22		coordination units.
23		In regard to community care providers, failure to comply
24		with Department on Aging policies shall be cause for
25		disciplinary action, including, but not limited to,
26		disqualification from serving Community Care Program clients.

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1		Each provider, upon submission of any bill or invoice to the
2		Department for payment for services rendered, shall include a
3		notarized statement, under penalty of perjury pursuant to
4		Section 1-109 of the Code of Civil Procedure, that the provider
5		has complied with all Department policies.
6		(Source: P.A. 97-333, eff. 8-12-11; 98-8, eff. 5-3-13.)
7		(Text of Section after amendment by P.A. 98-1171)
8		Sec. 4.02. Community Care Program. The Department shall
9		establish a program of services to prevent unnecessary
10		institutionalization of persons age 60 and older in need of
11		long term care or who are established as persons who suffer
12		from Alzheimer's disease or a related disorder under the
13		Alzheimer's Disease Assistance Act, thereby enabling them to
14		remain in their own homes or in other living arrangements. Such
15		preventive services, which may be coordinated with other
16		programs for the aged and monitored by area agencies on aging
17		in cooperation with the Department, may include, but are not
18		limited to, any or all of the following:
19		(a) (blank);
20		(b) (blank);
21		(c) home care aide services;
22		(d) personal assistant services;
23		(e) adult day services;
24		(f) home-delivered meals;
25		(g) education in self-care;

HB4049 Engrossed - 205 - LRB099 03667 KTG 23678 b
1		(h) personal care services;
2		(i) adult day health services;
3		(j) habilitation services;
4		(k) respite care;
5		(k-5) community reintegration services;
6		(k-6) flexible senior services;
7		(k-7) medication management;
8		(k-8) emergency home response;
9		(l) other nonmedical social services that may enable
10		the person to become self-supporting; or
11		(m) clearinghouse for information provided by senior
12		citizen home owners who want to rent rooms to or share
13		living space with other senior citizens.
14		The Department shall establish eligibility standards for
15		such services. In determining the amount and nature of services
16		for which a person may qualify, consideration shall not be
17		given to the value of cash, property or other assets held in
18		the name of the person's spouse pursuant to a written agreement
19		dividing marital property into equal but separate shares or
20		pursuant to a transfer of the person's interest in a home to
21		his spouse, provided that the spouse's share of the marital
22		property is not made available to the person seeking such
23		services.
24		Beginning January 1, 2008, the Department shall require as
25		a condition of eligibility that all new financially eligible
26		applicants apply for and enroll in medical assistance under

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1		Article V of the Illinois Public Aid Code in accordance with
2		rules promulgated by the Department.
3		The Department shall, in conjunction with the Department of
4		Public Aid (now Department of Healthcare and Family Services),
5		seek appropriate amendments under Sections 1915 and 1924 of the
6		Social Security Act. The purpose of the amendments shall be to
7		extend eligibility for home and community based services under
8		Sections 1915 and 1924 of the Social Security Act to persons
9		who transfer to or for the benefit of a spouse those amounts of
10		income and resources allowed under Section 1924 of the Social
11		Security Act. Subject to the approval of such amendments, the
12		Department shall extend the provisions of Section 5-4 of the
13		Illinois Public Aid Code to persons who, but for the provision
14		of home or community-based services, would require the level of
15		care provided in an institution, as is provided for in federal
16		law. Those persons no longer found to be eligible for receiving
17		noninstitutional services due to changes in the eligibility
18		criteria shall be given 45 days notice prior to actual
19		termination. Those persons receiving notice of termination may
20		contact the Department and request the determination be
21		appealed at any time during the 45 day notice period. The
22		target population identified for the purposes of this Section
23		are persons age 60 and older with an identified service need.
24		Priority shall be given to those who are at imminent risk of
25		institutionalization. The services shall be provided to
26		eligible persons age 60 and older to the extent that the cost

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1		of the services together with the other personal maintenance
2		expenses of the persons are reasonably related to the standards
3		established for care in a group facility appropriate to the
4		person's condition. These non-institutional services, pilot
5		projects or experimental facilities may be provided as part of
6		or in addition to those authorized by federal law or those
7		funded and administered by the Department of Human Services.
8		The Departments of Human Services, Healthcare and Family
9		Services, Public Health, Veterans' Affairs, and Commerce and
10		Economic Opportunity and other appropriate agencies of State,
11		federal and local governments shall cooperate with the
12		Department on Aging in the establishment and development of the
13		non-institutional services. The Department shall require an
14		annual audit from all personal assistant and home care aide
15		vendors contracting with the Department under this Section. The
16		annual audit shall assure that each audited vendor's procedures
17		are in compliance with Department's financial reporting
18		guidelines requiring an administrative and employee wage and
19		benefits cost split as defined in administrative rules. The
20		audit is a public record under the Freedom of Information Act.
21		The Department shall execute, relative to the nursing home
22		prescreening project, written inter-agency agreements with the
23		Department of Human Services and the Department of Healthcare
24		and Family Services, to effect the following: (1) intake
25		procedures and common eligibility criteria for those persons
26		who are receiving non-institutional services; and (2) the

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1		establishment and development of non-institutional services in
2		areas of the State where they are not currently available or
3		are undeveloped. On and after July 1, 1996, all nursing home
4		prescreenings for individuals 60 years of age or older shall be
5		conducted by the Department.
6		As part of the Department on Aging's routine training of
7		case managers and case manager supervisors, the Department may
8		include information on family futures planning for persons who
9		are age 60 or older and who are caregivers of their adult
10		children with developmental disabilities. The content of the
11		training shall be at the Department's discretion.
12		The Department is authorized to establish a system of
13		recipient copayment for services provided under this Section,
14		such copayment to be based upon the recipient's ability to pay
15		but in no case to exceed the actual cost of the services
16		provided. Additionally, any portion of a person's income which
17		is equal to or less than the federal poverty standard shall not
18		be considered by the Department in determining the copayment.
19		The level of such copayment shall be adjusted whenever
20		necessary to reflect any change in the officially designated
21		federal poverty standard.
22		The Department, or the Department's authorized
23		representative, may recover the amount of moneys expended for
24		services provided to or in behalf of a person under this
25		Section by a claim against the person's estate or against the
26		estate of the person's surviving spouse, but no recovery may be

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1		had until after the death of the surviving spouse, if any, and
2		then only at such time when there is no surviving child who is
3		under age 21 or , blind or who has a permanent and total
4		disability , or permanently and totally disabled. This
5		paragraph, however, shall not bar recovery, at the death of the
6		person, of moneys for services provided to the person or in
7		behalf of the person under this Section to which the person was
8		not entitled; provided that such recovery shall not be enforced
9		against any real estate while it is occupied as a homestead by
10		the surviving spouse or other dependent, if no claims by other
11		creditors have been filed against the estate, or, if such
12		claims have been filed, they remain dormant for failure of
13		prosecution or failure of the claimant to compel administration
14		of the estate for the purpose of payment. This paragraph shall
15		not bar recovery from the estate of a spouse, under Sections
16		1915 and 1924 of the Social Security Act and Section 5-4 of the
17		Illinois Public Aid Code, who precedes a person receiving
18		services under this Section in death. All moneys for services
19		paid to or in behalf of the person under this Section shall be
20		claimed for recovery from the deceased spouse's estate.
21		"Homestead", as used in this paragraph, means the dwelling
22		house and contiguous real estate occupied by a surviving spouse
23		or relative, as defined by the rules and regulations of the
24		Department of Healthcare and Family Services, regardless of the
25		value of the property.
26		The Department shall increase the effectiveness of the

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1		existing Community Care Program by:
2		(1) ensuring that in-home services included in the care
3		plan are available on evenings and weekends;
4		(2) ensuring that care plans contain the services that
5		eligible participants need based on the number of days in a
6		month, not limited to specific blocks of time, as
7		identified by the comprehensive assessment tool selected
8		by the Department for use statewide, not to exceed the
9		total monthly service cost maximum allowed for each
10		service; the Department shall develop administrative rules
11		to implement this item (2);
12		(3) ensuring that the participants have the right to
13		choose the services contained in their care plan and to
14		direct how those services are provided, based on
15		administrative rules established by the Department;
16		(4) ensuring that the determination of need tool is
17		accurate in determining the participants' level of need; to
18		achieve this, the Department, in conjunction with the Older
19		Adult Services Advisory Committee, shall institute a study
20		of the relationship between the Determination of Need
21		scores, level of need, service cost maximums, and the
22		development and utilization of service plans no later than
23		May 1, 2008; findings and recommendations shall be
24		presented to the Governor and the General Assembly no later
25		than January 1, 2009; recommendations shall include all
26		needed changes to the service cost maximums schedule and

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1		additional covered services;
2		(5) ensuring that homemakers can provide personal care
3		services that may or may not involve contact with clients,
4		including but not limited to:
5		(A) bathing;
6		(B) grooming;
7		(C) toileting;
8		(D) nail care;
9		(E) transferring;
10		(F) respiratory services;
11		(G) exercise; or
12		(H) positioning;
13		(6) ensuring that homemaker program vendors are not
14		restricted from hiring homemakers who are family members of
15		clients or recommended by clients; the Department may not,
16		by rule or policy, require homemakers who are family
17		members of clients or recommended by clients to accept
18		assignments in homes other than the client;
19		(7) ensuring that the State may access maximum federal
20		matching funds by seeking approval for the Centers for
21		Medicare and Medicaid Services for modifications to the
22		State's home and community based services waiver and
23		additional waiver opportunities, including applying for
24		enrollment in the Balance Incentive Payment Program by May
25		1, 2013, in order to maximize federal matching funds; this
26		shall include, but not be limited to, modification that

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1		reflects all changes in the Community Care Program services
2		and all increases in the services cost maximum;
3		(8) ensuring that the determination of need tool
4		accurately reflects the service needs of individuals with
5		Alzheimer's disease and related dementia disorders;
6		(9) ensuring that services are authorized accurately
7		and consistently for the Community Care Program (CCP); the
8		Department shall implement a Service Authorization policy
9		directive; the purpose shall be to ensure that eligibility
10		and services are authorized accurately and consistently in
11		the CCP program; the policy directive shall clarify service
12		authorization guidelines to Care Coordination Units and
13		Community Care Program providers no later than May 1, 2013;
14		(10) working in conjunction with Care Coordination
15		Units, the Department of Healthcare and Family Services,
16		the Department of Human Services, Community Care Program
17		providers, and other stakeholders to make improvements to
18		the Medicaid claiming processes and the Medicaid
19		enrollment procedures or requirements as needed,
20		including, but not limited to, specific policy changes or
21		rules to improve the up-front enrollment of participants in
22		the Medicaid program and specific policy changes or rules
23		to insure more prompt submission of bills to the federal
24		government to secure maximum federal matching dollars as
25		promptly as possible; the Department on Aging shall have at
26		least 3 meetings with stakeholders by January 1, 2014 in

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1		order to address these improvements;
2		(11) requiring home care service providers to comply
3		with the rounding of hours worked provisions under the
4		federal Fair Labor Standards Act (FLSA) and as set forth in
5		29 CFR 785.48(b) by May 1, 2013;
6		(12) implementing any necessary policy changes or
7		promulgating any rules, no later than January 1, 2014, to
8		assist the Department of Healthcare and Family Services in
9		moving as many participants as possible, consistent with
10		federal regulations, into coordinated care plans if a care
11		coordination plan that covers long term care is available
12		in the recipient's area; and
13		(13) maintaining fiscal year 2014 rates at the same
14		level established on January 1, 2013.
15		By January 1, 2009 or as soon after the end of the Cash and
16		Counseling Demonstration Project as is practicable, the
17		Department may, based on its evaluation of the demonstration
18		project, promulgate rules concerning personal assistant
19		services, to include, but need not be limited to,
20		qualifications, employment screening, rights under fair labor
21		standards, training, fiduciary agent, and supervision
22		requirements. All applicants shall be subject to the provisions
23		of the Health Care Worker Background Check Act.
24		The Department shall develop procedures to enhance
25		availability of services on evenings, weekends, and on an
26		emergency basis to meet the respite needs of caregivers.

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1		Procedures shall be developed to permit the utilization of
2		services in successive blocks of 24 hours up to the monthly
3		maximum established by the Department. Workers providing these
4		services shall be appropriately trained.
5		Beginning on the effective date of this Amendatory Act of
6		1991, no person may perform chore/housekeeping and home care
7		aide services under a program authorized by this Section unless
8		that person has been issued a certificate of pre-service to do
9		so by his or her employing agency. Information gathered to
10		effect such certification shall include (i) the person's name,
11		(ii) the date the person was hired by his or her current
12		employer, and (iii) the training, including dates and levels.
13		Persons engaged in the program authorized by this Section
14		before the effective date of this amendatory Act of 1991 shall
15		be issued a certificate of all pre- and in-service training
16		from his or her employer upon submitting the necessary
17		information. The employing agency shall be required to retain
18		records of all staff pre- and in-service training, and shall
19		provide such records to the Department upon request and upon
20		termination of the employer's contract with the Department. In
21		addition, the employing agency is responsible for the issuance
22		of certifications of in-service training completed to their
23		employees.
24		The Department is required to develop a system to ensure
25		that persons working as home care aides and personal assistants
26		receive increases in their wages when the federal minimum wage

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1		is increased by requiring vendors to certify that they are
2		meeting the federal minimum wage statute for home care aides
3		and personal assistants. An employer that cannot ensure that
4		the minimum wage increase is being given to home care aides and
5		personal assistants shall be denied any increase in
6		reimbursement costs.
7		The Community Care Program Advisory Committee is created in
8		the Department on Aging. The Director shall appoint individuals
9		to serve in the Committee, who shall serve at their own
10		expense. Members of the Committee must abide by all applicable
11		ethics laws. The Committee shall advise the Department on
12		issues related to the Department's program of services to
13		prevent unnecessary institutionalization. The Committee shall
14		meet on a bi-monthly basis and shall serve to identify and
15		advise the Department on present and potential issues affecting
16		the service delivery network, the program's clients, and the
17		Department and to recommend solution strategies. Persons
18		appointed to the Committee shall be appointed on, but not
19		limited to, their own and their agency's experience with the
20		program, geographic representation, and willingness to serve.
21		The Director shall appoint members to the Committee to
22		represent provider, advocacy, policy research, and other
23		constituencies committed to the delivery of high quality home
24		and community-based services to older adults. Representatives
25		shall be appointed to ensure representation from community care
26		providers including, but not limited to, adult day service

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1		providers, homemaker providers, case coordination and case
2		management units, emergency home response providers, statewide
3		trade or labor unions that represent home care aides and direct
4		care staff, area agencies on aging, adults over age 60,
5		membership organizations representing older adults, and other
6		organizational entities, providers of care, or individuals
7		with demonstrated interest and expertise in the field of home
8		and community care as determined by the Director.
9		Nominations may be presented from any agency or State
10		association with interest in the program. The Director, or his
11		or her designee, shall serve as the permanent co-chair of the
12		advisory committee. One other co-chair shall be nominated and
13		approved by the members of the committee on an annual basis.
14		Committee members' terms of appointment shall be for 4 years
15		with one-quarter of the appointees' terms expiring each year. A
16		member shall continue to serve until his or her replacement is
17		named. The Department shall fill vacancies that have a
18		remaining term of over one year, and this replacement shall
19		occur through the annual replacement of expiring terms. The
20		Director shall designate Department staff to provide technical
21		assistance and staff support to the committee. Department
22		representation shall not constitute membership of the
23		committee. All Committee papers, issues, recommendations,
24		reports, and meeting memoranda are advisory only. The Director,
25		or his or her designee, shall make a written report, as
26		requested by the Committee, regarding issues before the

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1		Committee.
2		The Department on Aging and the Department of Human
3		Services shall cooperate in the development and submission of
4		an annual report on programs and services provided under this
5		Section. Such joint report shall be filed with the Governor and
6		the General Assembly on or before September 30 each year.
7		The requirement for reporting to the General Assembly shall
8		be satisfied by filing copies of the report with the Speaker,
9		the Minority Leader and the Clerk of the House of
10		Representatives and the President, the Minority Leader and the
11		Secretary of the Senate and the Legislative Research Unit, as
12		required by Section 3.1 of the General Assembly Organization
13		Act and filing such additional copies with the State Government
14		Report Distribution Center for the General Assembly as is
15		required under paragraph (t) of Section 7 of the State Library
16		Act.
17		Those persons previously found eligible for receiving
18		non-institutional services whose services were discontinued
19		under the Emergency Budget Act of Fiscal Year 1992, and who do
20		not meet the eligibility standards in effect on or after July
21		1, 1992, shall remain ineligible on and after July 1, 1992.
22		Those persons previously not required to cost-share and who
23		were required to cost-share effective March 1, 1992, shall
24		continue to meet cost-share requirements on and after July 1,
25		1992. Beginning July 1, 1992, all clients will be required to
26		meet eligibility, cost-share, and other requirements and will

HB4049 Engrossed - 218 - LRB099 03667 KTG 23678 b
1		have services discontinued or altered when they fail to meet
2		these requirements.
3		For the purposes of this Section, "flexible senior
4		services" refers to services that require one-time or periodic
5		expenditures including, but not limited to, respite care, home
6		modification, assistive technology, housing assistance, and
7		transportation.
8		The Department shall implement an electronic service
9		verification based on global positioning systems or other
10		cost-effective technology for the Community Care Program no
11		later than January 1, 2014.
12		The Department shall require, as a condition of
13		eligibility, enrollment in the medical assistance program
14		under Article V of the Illinois Public Aid Code (i) beginning
15		August 1, 2013, if the Auditor General has reported that the
16		Department has failed to comply with the reporting requirements
17		of Section 2-27 of the Illinois State Auditing Act; or (ii)
18		beginning June 1, 2014, if the Auditor General has reported
19		that the Department has not undertaken the required actions
20		listed in the report required by subsection (a) of Section 2-27
21		of the Illinois State Auditing Act.
22		The Department shall delay Community Care Program services
23		until an applicant is determined eligible for medical
24		assistance under Article V of the Illinois Public Aid Code (i)
25		beginning August 1, 2013, if the Auditor General has reported
26		that the Department has failed to comply with the reporting

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1		requirements of Section 2-27 of the Illinois State Auditing
2		Act; or (ii) beginning June 1, 2014, if the Auditor General has
3		reported that the Department has not undertaken the required
4		actions listed in the report required by subsection (a) of
5		Section 2-27 of the Illinois State Auditing Act.
6		The Department shall implement co-payments for the
7		Community Care Program at the federally allowable maximum level
8		(i) beginning August 1, 2013, if the Auditor General has
9		reported that the Department has failed to comply with the
10		reporting requirements of Section 2-27 of the Illinois State
11		Auditing Act; or (ii) beginning June 1, 2014, if the Auditor
12		General has reported that the Department has not undertaken the
13		required actions listed in the report required by subsection
14		(a) of Section 2-27 of the Illinois State Auditing Act.
15		The Department shall provide a bi-monthly report on the
16		progress of the Community Care Program reforms set forth in
17		this amendatory Act of the 98th General Assembly to the
18		Governor, the Speaker of the House of Representatives, the
19		Minority Leader of the House of Representatives, the President
20		of the Senate, and the Minority Leader of the Senate.
21		The Department shall conduct a quarterly review of Care
22		Coordination Unit performance and adherence to service
23		guidelines. The quarterly review shall be reported to the
24		Speaker of the House of Representatives, the Minority Leader of
25		the House of Representatives, the President of the Senate, and
26		the Minority Leader of the Senate. The Department shall collect

HB4049 Engrossed - 220 - LRB099 03667 KTG 23678 b
1		and report longitudinal data on the performance of each care
2		coordination unit. Nothing in this paragraph shall be construed
3		to require the Department to identify specific care
4		coordination units.
5		In regard to community care providers, failure to comply
6		with Department on Aging policies shall be cause for
7		disciplinary action, including, but not limited to,
8		disqualification from serving Community Care Program clients.
9		Each provider, upon submission of any bill or invoice to the
10		Department for payment for services rendered, shall include a
11		notarized statement, under penalty of perjury pursuant to
12		Section 1-109 of the Code of Civil Procedure, that the provider
13		has complied with all Department policies.
14		The Director of the Department on Aging shall make
15		information available to the State Board of Elections as may be
16		required by an agreement the State Board of Elections has
17		entered into with a multi-state voter registration list
18		maintenance system.
19		(Source: P.A. 97-333, eff. 8-12-11; 98-8, eff. 5-3-13; 98-1171,
20		eff. 6-1-15.)
21		(20 ILCS 105/4.03) (from Ch. 23, par. 6104.03)
22		Sec. 4.03. The Department on Aging, in cooperation with the
23		Department of Human Services and any other appropriate State,
24		local or federal agency, shall, without regard to income
25		guidelines, establish a nursing home prescreening program to

HB4049 Engrossed - 221 - LRB099 03667 KTG 23678 b
1		determine whether Alzheimer's Disease and related disorders
2		victims, and persons who are deemed as blind or as a person
3		with a disability disabled as defined by the Social Security
4		Act and who are in need of long term care, may be
5		satisfactorily cared for in their homes through the use of home
6		and community based services. Responsibility for prescreening
7		shall be vested with case coordination units. Prescreening
8		shall occur: (i) when hospital discharge planners have advised
9		the case coordination unit of the imminent risk of nursing home
10		placement of a patient who meets the above criteria and in
11		advance of discharge of the patient; or (ii) when a case
12		coordination unit has been advised of the imminent risk of
13		nursing home placement of an individual in the community. The
14		individual who is prescreened shall be informed of all
15		appropriate options, including placement in a nursing home and
16		the availability of in-home and community-based services and
17		shall be advised of her or his right to refuse nursing home,
18		in-home, community-based, or all services. In addition, the
19		individual being prescreened shall be informed of spousal
20		impoverishment requirements, the need to submit financial
21		information to access services, and the consequences for
22		failure to do so in a form and manner developed jointly by the
23		Department on Aging, the Department of Human Services, and the
24		Department of Healthcare and Family Services. Case
25		coordination units under contract with the Department may
26		charge a fee for the prescreening provided under this Section

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1		and the fee shall be no greater than the cost of such services
2		to the case coordination unit. At the time of each
3		prescreening, case coordination units shall provide
4		information regarding the Office of State Long Term Care
5		Ombudsman's Residents Right to Know database as authorized in
6		subsection (c-5) of Section 4.04.
7		(Source: P.A. 98-255, eff. 8-9-13.)
8		(20 ILCS 105/4.15)
9		Sec. 4.15. Eligibility determinations.
10		(a) The Department is authorized to make eligibility
11		determinations for benefits administered by other governmental
12		bodies based on the Senior Citizens and Persons with
13		Disabilities Disabled Persons Property Tax Relief Act as
14		follows:
15		(i) for the Secretary of State with respect to reduced
16		fees paid by qualified vehicle owners under the Illinois
17		Vehicle Code;
18		(ii) for special districts that offer free fixed route
19		public transportation services for qualified older adults
20		under the Local Mass Transit District Act, the Metropolitan
21		Transit Authority Act, and the Regional Transportation
22		Authority Act; and
23		(iii) for special districts that offer transit
24		services for qualified individuals with disabilities under
25		the Local Mass Transit District Act, the Metropolitan

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1		Transit Authority Act, and the Regional Transportation
2		Authority Act.
3		(b) The Department shall establish the manner by which
4		claimants shall apply for these benefits. The Department is
5		authorized to promulgate rules regarding the following
6		matters: the application cycle; the application process; the
7		content for an electronic application; required personal
8		identification information; acceptable proof of eligibility as
9		to age, disability status, marital status, residency, and
10		household income limits; household composition; calculating
11		income; use of social security numbers; duration of eligibility
12		determinations; and any other matters necessary for such
13		administrative operations.
14		(c) All information received by the Department from an
15		application or from any investigation to determine eligibility
16		for benefits shall be confidential, except for official
17		purposes.
18		(d) A person may not under any circumstances charge a fee
19		to a claimant for assistance in completing an application form
20		for these benefits.
21		(Source: P.A. 98-887, eff. 8-15-14.)
22		Section 110. The Illinois AgrAbility Act is amended by
23		changing Section 15 as follows:
24		(20 ILCS 235/15)

HB4049 Engrossed - 224 - LRB099 03667 KTG 23678 b
1		Sec. 15. Illinois AgrAbility Program established.
2		(a) Subject to appropriation, the Department, in
3		cooperation with the University of Illinois Extension, shall
4		contract with a non-profit disability service provider or other
5		entity that assists farmers with disabilities disabled
6		farmers, to establish and administer the Illinois AgrAbility
7		Program in order to assist individuals who are engaged in
8		farming or an agriculture-related activity and who have been
9		affected by disability.
10		(b) Services provided by the Illinois AgrAbility Program
11		shall include, but are not limited to, the following:
12		(1) A toll-free information and referral hotline.
13		(2) The establishment of networks with local
14		agricultural and rehabilitation professionals.
15		(3) The coordination of community resources.
16		(4) The establishment of networks with local
17		agricultural and health care professionals to help
18		identify individuals who may be eligible for assistance and
19		to help identify the best method of providing that
20		assistance.
21		(5) The provision of information on and assistance
22		regarding equipment modification.
23		(6) Job restructuring.
24		(7) The provision of information on and assistance
25		regarding the development of alternative jobs.
26		In order to provide these services, the Illinois AgrAbility

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1		Program shall cooperate and share resources, facilities, and
2		employees with AgrAbility Unlimited, the University of
3		Illinois Extension, and the Office of Rehabilitation Services
4		of the Department of Human Services.
5		The costs of the program, including any related
6		administrative expenses from the Department, may be paid from
7		any funds specifically appropriated or otherwise available to
8		the Department for that purpose. The Department may pay the
9		costs of the Illinois AgrAbility program by making grants to
10		the operating entity, by making grants directly to service
11		providers, by paying reimbursements for services provided, or
12		in any other appropriate manner.
13		(c) The Department has the power to enter into any
14		agreements that are necessary and appropriate for the
15		establishment, operation, and funding of the Illinois
16		AgrAbility Program. The Department may adopt any rules that it
17		determines necessary for the establishment, operation, and
18		funding of the Illinois AgrAbility Program.
19		(Source: P.A. 94-216, eff. 7-14-05.)
20		Section 115. The Alcoholism and Other Drug Abuse and
21		Dependency Act is amended by changing Section 30-5 as follows:
22		(20 ILCS 301/30-5)
23		Sec. 30-5. Patients' rights established.
24		(a) For purposes of this Section, "patient" means any

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1		person who is receiving or has received intervention, treatment
2		or aftercare services under this Act.
3		(b) No patient who is receiving or who has received
4		intervention, treatment or aftercare services under this Act
5		shall be deprived of any rights, benefits, or privileges
6		guaranteed by law, the Constitution of the United States of
7		America, or the Constitution of the State of Illinois solely
8		because of his status as a patient of a program.
9		(c) Persons who abuse or are dependent on alcohol or other
10		drugs who are also suffering from medical conditions shall not
11		be discriminated against in admission or treatment by any
12		hospital which receives support in any form from any program
13		supported in whole or in part by funds appropriated to any
14		State department or agency.
15		(d) Every patient shall have impartial access to services
16		without regard to race, religion, sex, ethnicity, age or
17		disability handicap.
18		(e) Patients shall be permitted the free exercise of
19		religion.
20		(f) Every patient's personal dignity shall be recognized in
21		the provision of services, and a patient's personal privacy
22		shall be assured and protected within the constraints of his
23		individual treatment plan.
24		(g) Treatment services shall be provided in the least
25		restrictive environment possible.
26		(h) Each patient shall be provided an individual treatment

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1		plan, which shall be periodically reviewed and updated as
2		necessary.
3		(i) Every patient shall be permitted to participate in the
4		planning of his total care and medical treatment to the extent
5		that his condition permits.
6		(j) A person shall not be denied treatment solely because
7		he has withdrawn from treatment against medical advice on a
8		prior occasion or because he has relapsed after earlier
9		treatment or, when in medical crisis, because of inability to
10		pay.
11		(k) The patient in treatment shall be permitted visits by
12		family and significant others, unless such visits are
13		clinically contraindicated.
14		(l) A patient in treatment shall be allowed to conduct
15		private telephone conversations with family and friends unless
16		clinically contraindicated.
17		(m) A patient shall be permitted to send and receive mail
18		without hindrance, unless clinically contraindicated.
19		(n) A patient shall be permitted to manage his own
20		financial affairs unless he or his guardian, or if the patient
21		is a minor, his parent, authorizes another competent person to
22		do so.
23		(o) A patient shall be permitted to request the opinion of
24		a consultant at his own expense, or to request an in-house
25		review of a treatment plan, as provided in the specific
26		procedures of the provider. A treatment provider is not liable

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1		for the negligence of any consultant.
2		(p) Unless otherwise prohibited by State or federal law,
3		every patient shall be permitted to obtain from his own
4		physician, the treatment provider or the treatment provider's
5		consulting physician complete and current information
6		concerning the nature of care, procedures and treatment which
7		he will receive.
8		(q) A patient shall be permitted to refuse to participate
9		in any experimental research or medical procedure without
10		compromising his access to other, non-experimental services.
11		Before a patient is placed in an experimental research or
12		medical procedure, the provider must first obtain his informed
13		written consent or otherwise comply with the federal
14		requirements regarding the protection of human subjects
15		contained in 45 C.F.R. Part 46.
16		(r) All medical treatment and procedures shall be
17		administered as ordered by a physician. In order to assure
18		compliance by the treatment program with all physician orders,
19		all new physician orders shall be reviewed by the treatment
20		program's staff within a reasonable period of time after such
21		orders have been issued. "Medical treatment and procedures"
22		means those services that can be ordered only by a physician
23		licensed to practice medicine in all of its branches in
24		Illinois.
25		(s) Every patient shall be permitted to refuse medical
26		treatment and to know the consequences of such action. Such

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1		refusal by a patient shall free the treatment program from the
2		obligation to provide the treatment.
3		(t) Unless otherwise prohibited by State or federal law,
4		every patient, patient's guardian, or parent, if the patient is
5		a minor, shall be permitted to inspect and copy all clinical
6		and other records kept by the treatment program or by his
7		physician concerning his care and maintenance. The treatment
8		program or physician may charge a reasonable fee for the
9		duplication of a record.
10		(u) No owner, licensee, administrator, employee or agent of
11		a treatment program shall abuse or neglect a patient. It is the
12		duty of any program employee or agent who becomes aware of such
13		abuse or neglect to report it to the Department immediately.
14		(v) The administrator of a program may refuse access to the
15		program to any person if the actions of that person while in
16		the program are or could be injurious to the health and safety
17		of a patient or the program, or if the person seeks access to
18		the program for commercial purposes.
19		(w) A patient may be discharged from a program after he
20		gives the administrator written notice of his desire to be
21		discharged or upon completion of his prescribed course of
22		treatment. No patient shall be discharged or transferred
23		without the preparation of a post-treatment aftercare plan by
24		the program.
25		(x) Patients and their families or legal guardians shall
26		have the right to present complaints concerning the quality of

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1		care provided to the patient, without threat of discharge or
2		reprisal in any form or manner whatsoever. The treatment
3		provider shall have in place a mechanism for receiving and
4		responding to such complaints, and shall inform the patient and
5		his family or legal guardian of this mechanism and how to use
6		it. The provider shall analyze any complaint received and, when
7		indicated, take appropriate corrective action. Every patient
8		and his family member or legal guardian who makes a complaint
9		shall receive a timely response from the provider which
10		substantively addresses the complaint. The provider shall
11		inform the patient and his family or legal guardian about other
12		sources of assistance if the provider has not resolved the
13		complaint to the satisfaction of the patient or his family or
14		legal guardian.
15		(y) A resident may refuse to perform labor at a program
16		unless such labor is a part of his individual treatment program
17		as documented in his clinical record.
18		(z) A person who is in need of treatment may apply for
19		voluntary admission to a treatment program in the manner and
20		with the rights provided for under regulations promulgated by
21		the Department. If a person is refused admission to a licensed
22		treatment program, the staff of the program, subject to rules
23		promulgated by the Department, shall refer the person to
24		another treatment or other appropriate program.
25		(aa) No patient shall be denied services based solely on
26		HIV status. Further, records and information governed by the

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1		AIDS Confidentiality Act and the AIDS Confidentiality and
2		Testing Code (77 Ill. Adm. Code 697) shall be maintained in
3		accordance therewith.
4		(bb) Records of the identity, diagnosis, prognosis or
5		treatment of any patient maintained in connection with the
6		performance of any program or activity relating to alcohol or
7		other drug abuse or dependency education, early intervention,
8		intervention, training, treatment or rehabilitation which is
9		regulated, authorized, or directly or indirectly assisted by
10		any Department or agency of this State or under any provision
11		of this Act shall be confidential and may be disclosed only in
12		accordance with the provisions of federal law and regulations
13		concerning the confidentiality of alcohol and drug abuse
14		patient records as contained in 42 U.S.C. Sections 290dd-3 and
15		290ee-3 and 42 C.F.R. Part 2.
16		(1) The following are exempt from the confidentiality
17		protections set forth in 42 C.F.R. Section 2.12(c):
18		(A) Veteran's Administration records.
19		(B) Information obtained by the Armed Forces.
20		(C) Information given to qualified service
21		organizations.
22		(D) Communications within a program or between a
23		program and an entity having direct administrative
24		control over that program.
25		(E) Information given to law enforcement personnel
26		investigating a patient's commission of a crime on the

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1		program premises or against program personnel.
2		(F) Reports under State law of incidents of
3		suspected child abuse and neglect; however,
4		confidentiality restrictions continue to apply to the
5		records and any follow-up information for disclosure
6		and use in civil or criminal proceedings arising from
7		the report of suspected abuse or neglect.
8		(2) If the information is not exempt, a disclosure can
9		be made only under the following circumstances:
10		(A) With patient consent as set forth in 42 C.F.R.
11		Sections 2.1(b)(1) and 2.31, and as consistent with
12		pertinent State law.
13		(B) For medical emergencies as set forth in 42
14		C.F.R. Sections 2.1(b)(2) and 2.51.
15		(C) For research activities as set forth in 42
16		C.F.R. Sections 2.1(b)(2) and 2.52.
17		(D) For audit evaluation activities as set forth in
18		42 C.F.R. Section 2.53.
19		(E) With a court order as set forth in 42 C.F.R.
20		Sections 2.61 through 2.67.
21		(3) The restrictions on disclosure and use of patient
22		information apply whether the holder of the information
23		already has it, has other means of obtaining it, is a law
24		enforcement or other official, has obtained a subpoena, or
25		asserts any other justification for a disclosure or use
26		which is not permitted by 42 C.F.R. Part 2. Any court

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1		orders authorizing disclosure of patient records under
2		this Act must comply with the procedures and criteria set
3		forth in 42 C.F.R. Sections 2.64 and 2.65. Except as
4		authorized by a court order granted under this Section, no
5		record referred to in this Section may be used to initiate
6		or substantiate any charges against a patient or to conduct
7		any investigation of a patient.
8		(4) The prohibitions of this subsection shall apply to
9		records concerning any person who has been a patient,
10		regardless of whether or when he ceases to be a patient.
11		(5) Any person who discloses the content of any record
12		referred to in this Section except as authorized shall,
13		upon conviction, be guilty of a Class A misdemeanor.
14		(6) The Department shall prescribe regulations to
15		carry out the purposes of this subsection. These
16		regulations may contain such definitions, and may provide
17		for such safeguards and procedures, including procedures
18		and criteria for the issuance and scope of court orders, as
19		in the judgment of the Department are necessary or proper
20		to effectuate the purposes of this Section, to prevent
21		circumvention or evasion thereof, or to facilitate
22		compliance therewith.
23		(cc) Each patient shall be given a written explanation of
24		all the rights enumerated in this Section. If a patient is
25		unable to read such written explanation, it shall be read to
26		the patient in a language that the patient understands. A copy

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1		of all the rights enumerated in this Section shall be posted in
2		a conspicuous place within the program where it may readily be
3		seen and read by program patients and visitors.
4		(dd) The program shall ensure that its staff is familiar
5		with and observes the rights and responsibilities enumerated in
6		this Section.
7		(Source: P.A. 90-655, eff. 7-30-98.)
8		Section 120. The Department of Central Management Services
9		Law of the Civil Administrative Code of Illinois is amended by
10		changing Section 405-300 as follows:
11		(20 ILCS 405/405-300) (was 20 ILCS 405/67.02)
12		Sec. 405-300. Lease or purchase of facilities; training
13		programs.
14		(a) To lease or purchase office and storage space,
15		buildings, land, and other facilities for all State agencies,
16		authorities, boards, commissions, departments, institutions,
17		and bodies politic and all other administrative units or
18		outgrowths of the executive branch of State government except
19		the Constitutional officers, the State Board of Education and
20		the State colleges and universities and their governing bodies.
21		However, before leasing or purchasing any office or storage
22		space, buildings, land or other facilities in any municipality
23		the Department shall survey the existing State-owned and
24		State-leased property to make a determination of need.

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1		The leases shall be for a term not to exceed 5 years,
2		except that the leases may contain a renewal clause subject to
3		acceptance by the State after that date or an option to
4		purchase. The purchases shall be made through contracts that
5		(i) may provide for the title to the property to transfer
6		immediately to the State or a trustee or nominee for the
7		benefit of the State, (ii) shall provide for the consideration
8		to be paid in installments to be made at stated intervals
9		during a certain term not to exceed 30 years from the date of
10		the contract, and (iii) may provide for the payment of interest
11		on the unpaid balance at a rate that does not exceed a rate
12		determined by adding 3 percentage points to the annual yield on
13		United States Treasury obligations of comparable maturity as
14		most recently published in the Wall Street Journal at the time
15		such contract is signed. The leases and purchase contracts
16		shall be and shall recite that they are subject to termination
17		and cancellation in any year for which the General Assembly
18		fails to make an appropriation to pay the rent or purchase
19		installments payable under the terms of the lease or purchase
20		contract. Additionally, the purchase contract shall specify
21		that title to the office and storage space, buildings, land,
22		and other facilities being acquired under the contract shall
23		revert to the Seller in the event of the failure of the General
24		Assembly to appropriate suitable funds. However, this
25		limitation on the term of the leases does not apply to leases
26		to and with the Illinois Building Authority, as provided for in

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1		the Building Authority Act. Leases to and with that Authority
2		may be entered into for a term not to exceed 30 years and shall
3		be and shall recite that they are subject to termination and
4		cancellation in any year for which the General Assembly fails
5		to make an appropriation to pay the rent payable under the
6		terms of the lease. These limitations do not apply if the lease
7		or purchase contract contains a provision limiting the
8		liability for the payment of the rentals or installments
9		thereof solely to funds received from the Federal government.
10		(b) To lease from an airport authority office, aircraft
11		hangar, and service buildings constructed upon a public airport
12		under the Airport Authorities Act for the use and occupancy of
13		the State Department of Transportation. The lease may be
14		entered into for a term not to exceed 30 years.
15		(c) To establish training programs for teaching State
16		leasing procedures and practices to new employees of the
17		Department and to keep all employees of the Department informed
18		about current leasing practices and developments in the real
19		estate industry.
20		(d) To enter into an agreement with a municipality or
21		county to construct, remodel, or convert a structure for the
22		purposes of its serving as a correctional institution or
23		facility pursuant to paragraph (c) of Section 3-2-2 of the
24		Unified Code of Corrections.
25		(e) To enter into an agreement with a private individual,
26		trust, partnership, or corporation or a municipality or other

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1		unit of local government, when authorized to do so by the
2		Department of Corrections, whereby that individual, trust,
3		partnership, or corporation or municipality or other unit of
4		local government will construct, remodel, or convert a
5		structure for the purposes of its serving as a correctional
6		institution or facility and then lease the structure to the
7		Department for the use of the Department of Corrections. A
8		lease entered into pursuant to the authority granted in this
9		subsection shall be for a term not to exceed 30 years but may
10		grant to the State the option to purchase the structure
11		outright.
12		The leases shall be and shall recite that they are subject
13		to termination and cancellation in any year for which the
14		General Assembly fails to make an appropriation to pay the rent
15		payable under the terms of the lease.
16		(f) On and after September 17, 1983, the powers granted to
17		the Department under this Section shall be exercised
18		exclusively by the Department, and no other State agency may
19		concurrently exercise any such power unless specifically
20		authorized otherwise by a later enacted law. This subsection is
21		not intended to impair any contract existing as of September
22		17, 1983.
23		However, no lease for more than 10,000 square feet of space
24		shall be executed unless the Director, in consultation with the
25		Executive Director of the Capital Development Board, has
26		certified that leasing is in the best interest of the State,

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1		considering programmatic requirements, availability of vacant
2		State-owned space, the cost-benefits of purchasing or
3		constructing new space, and other criteria as he or she shall
4		determine. The Director shall not permit multiple leases for
5		less than 10,000 square feet to be executed in order to evade
6		this provision.
7		(g) To develop and implement, in cooperation with the
8		Interagency Energy Conservation Committee, a system for
9		evaluating energy consumption in facilities leased by the
10		Department, and to develop energy consumption standards for use
11		in evaluating prospective lease sites.
12		(h) (1) After June 1, 1998 (the effective date of Public
13		Act 90-520), the Department shall not enter into an
14		agreement for the installment purchase or lease purchase of
15		buildings, land, or facilities unless:
16		(A) the using agency certifies to the Department
17		that the agency reasonably expects that the building,
18		land, or facilities being considered for purchase will
19		meet a permanent space need;
20		(B) the building or facilities will be
21		substantially occupied by State agencies after
22		purchase (or after acceptance in the case of a build to
23		suit);
24		(C) the building or facilities shall be in new or
25		like new condition and have a remaining economic life
26		exceeding the term of the contract;

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1		(D) no structural or other major building
2		component or system has a remaining economic life of
3		less than 10 years;
4		(E) the building, land, or facilities:
5		(i) is free of any identifiable environmental
6		hazard or
7		(ii) is subject to a management plan, provided
8		by the seller and acceptable to the State, to
9		address the known environmental hazard;
10		(F) the building, land, or facilities satisfy
11		applicable handicap accessibility and applicable
12		building codes; and
13		(G) the State's cost to lease purchase or
14		installment purchase the building, land, or facilities
15		is less than the cost to lease space of comparable
16		quality, size, and location over the lease purchase or
17		installment purchase term.
18		(2) The Department shall establish the methodology for
19		comparing lease costs to the costs of installment or lease
20		purchases. The cost comparison shall take into account all
21		relevant cost factors, including, but not limited to, debt
22		service, operating and maintenance costs, insurance and
23		risk costs, real estate taxes, reserves for replacement and
24		repairs, security costs, and utilities. The methodology
25		shall also provide:
26		(A) that the comparison will be made using level

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1		payment plans; and
2		(B) that a purchase price must not exceed the fair
3		market value of the buildings, land, or facilities and
4		that the purchase price must be substantiated by an
5		appraisal or by a competitive selection process.
6		(3) If the Department intends to enter into an
7		installment purchase or lease purchase agreement for
8		buildings, land, or facilities under circumstances that do
9		not satisfy the conditions specified by this Section, it
10		must issue a notice to the Secretary of the Senate and the
11		Clerk of the House. The notice shall contain (i) specific
12		details of the State's proposed purchase, including the
13		amounts, purposes, and financing terms; (ii) a specific
14		description of how the proposed purchase varies from the
15		procedures set forth in this Section; and (iii) a specific
16		justification, signed by the Director, stating why it is in
17		the State's best interests to proceed with the purchase.
18		The Department may not proceed with such an installment
19		purchase or lease purchase agreement if, within 60 calendar
20		days after delivery of the notice, the General Assembly, by
21		joint resolution, disapproves the transaction. Delivery
22		may take place on a day and at an hour when the Senate and
23		House are not in session so long as the offices of
24		Secretary and Clerk are open to receive the notice. In
25		determining the 60-day period within which the General
26		Assembly must act, the day on which delivery is made to the

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1		Senate and House shall not be counted. If delivery of the
2		notice to the 2 houses occurs on different days, the 60-day
3		period shall begin on the day following the later delivery.
4		(4) On or before February 15 of each year, the
5		Department shall submit an annual report to the Director of
6		the Governor's Office of Management and Budget and the
7		General Assembly regarding installment purchases or lease
8		purchases of buildings, land, or facilities that were
9		entered into during the preceding calendar year. The report
10		shall include a summary statement of the aggregate amount
11		of the State's obligations under those purchases; specific
12		details pertaining to each purchase, including the
13		amounts, purposes, and financing terms and payment
14		schedule for each purchase; and any other matter that the
15		Department deems advisable.
16		The requirement for reporting to the General Assembly
17		shall be satisfied by filing copies of the report with the
18		Auditor General, the Speaker, the Minority Leader, and the
19		Clerk of the House of Representatives and the President,
20		the Minority Leader, and the Secretary of the Senate, the
21		Chairs of the Appropriations Committees, and the
22		Legislative Research Unit, as required by Section 3.1 of
23		the General Assembly Organization Act, and filing
24		additional copies with the State Government Report
25		Distribution Center for the General Assembly as is required
26		under paragraph (t) of Section 7 of the State Library Act.

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1		(Source: P.A. 94-793, eff. 5-19-06.)
2		Section 125. The Federal Surplus Property Act is amended by
3		changing Section 2 as follows:
4		(20 ILCS 430/2) (from Ch. 127, par. 176d2)
5		Sec. 2. Authority and Duties of the State Agency for
6		Federal Surplus Property.
7		(a) The State Agency for Federal Surplus Property is hereby
8		authorized and empowered (1) to acquire from the United States
9		of America under and in conformance with the provisions of
10		paragraph (j) of Section 203 of the Federal Property and
11		Administrative Services Act of 1949, as amended, hereinafter
12		referred to as the "Federal Act", such property, including
13		equipment, materials, books, or other supplies under the
14		control of any department or agency of the United States of
15		America as may be useable and necessary for distribution to any
16		public agency for use in carrying out or promoting for the
17		residents of a given political area one or more public
18		purposes, such as conservation, economic development,
19		education, parks and recreation, public health, and public
20		safety; or to nonprofit educational or public health
21		institutions or organizations, such as medical institutions,
22		hospitals, clinics, health centers, schools, colleges,
23		universities, schools for persons with physical disabilities
24		the physically handicapped, child care centers, radio and

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1		television stations licensed by the Federal Communications
2		Commission as educational radio or educational television
3		stations, museums attended by the public, and libraries serving
4		free all residents of a community, district, State, or region,
5		which are exempt from taxation under Section 501 of the
6		Internal Revenue Code of 1954, for purposes of education or
7		public health, including research for any such purpose; and for
8		such other purposes as may now or hereafter be authorized by
9		Federal law; (2) to warehouse such property; or if so requested
10		by the recipient, to arrange shipment of that property, when
11		acquired, directly to the recipient.
12		(b) The State Agency for Federal Surplus Property is hereby
13		authorized to receive applications from eligible health and
14		educational institutions for the acquisition of Federal
15		surplus real property, investigate the same, obtain expression
16		of views respecting such applications from the appropriate
17		health or educational authorities of the State, make
18		recommendations regarding the need of such applicant for the
19		property, the merits of its proposed program of utilization,
20		the suitability of the property for such purposes, and
21		otherwise assist in the processing of such applications for
22		acquisition of real and related personal property of the United
23		States under paragraph (k) of Section 203 of the Federal Act.
24		(c) For the purpose of executing its authority under this
25		Act, the State Agency for Federal Surplus Property is
26		authorized and empowered to adopt, amend, or rescind such rules

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1		and regulations and prescribe such requirements as may be
2		deemed necessary; and take such other action as is deemed
3		necessary and suitable, in the administration of this Act, and
4		to provide for the fair and equitable distribution of property
5		within the State based on the relative needs and resources of
6		interested public agencies and other eligible institutions
7		within the State and their abilities to utilize the property.
8		(d) The State Agency for Federal Surplus Property is
9		authorized and empowered to make such certifications, take such
10		action, make such expenditures, require such reports and make
11		such investigations as may be required by law or regulation of
12		the United States of America in connection with the disposal of
13		real property and the receipt, warehousing, and distribution of
14		personal property received by the State Agency for Federal
15		Surplus Property from the United States of America and to enter
16		into contracts, agreements and undertakings for and in the name
17		of the State (including cooperative agreements with any Federal
18		agencies providing for utilization by and exchange between
19		them, without reimbursement, of the property, facilities,
20		personnel and services of each by the other, and agreements
21		with other State Agencies for Federal Surplus Property and with
22		associations or groups of such State Agencies.)
23		(e) The State Agency for Federal Surplus Property is
24		authorized and empowered to act as a clearing house of
25		information for the public and private nonprofit institutions,
26		organizations and agencies referred to in subparagraph (3) of

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1		Section 2 of this Act and other institutions eligible to
2		acquire Federal surplus real property, to locate both real and
3		personal property available for acquisition from the United
4		States of America, to ascertain the terms and conditions under
5		which such property may be obtained, to receive requests from
6		the above mentioned institutions, organizations and agencies
7		and to transmit to them all available information in reference
8		to such property, and to aid and assist such institutions,
9		organizations and agencies in every way possible in the
10		consummation of acquisitions or transactions hereunder.
11		(f) The State Agency for Federal Surplus Property, in the
12		administration of this Act, shall cooperate to the fullest
13		extent consistent with the provisions of the Federal Act, with
14		the Administrator of the General Services Administration and
15		shall file a State plan of operation, operate in accordance
16		therewith, and take such action as may be necessary to meet the
17		minimum standards prescribed in accordance with the Federal
18		Act, and make such reports in such form and containing such
19		information as the United States of America or any of its
20		departments or agencies may from time to time require, and it
21		shall comply with the laws of the United States of America and
22		the rules and regulations of any of the departments or agencies
23		of the United States of America governing the allocation,
24		transfer and use of, or account for, property donable or
25		donated to eligible donees in the State.
26		(Source: P.A. 81-1509.)

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1		Section 130. The Children and Family Services Act is
2		amended by changing Sections 5, 7, 12.1, and 12.2 as follows:
3		(20 ILCS 505/5) (from Ch. 23, par. 5005)
4		Sec. 5. Direct child welfare services; Department of
5		Children and Family Services. To provide direct child welfare
6		services when not available through other public or private
7		child care or program facilities.
8		(a) For purposes of this Section:
9		(1) "Children" means persons found within the State who
10		are under the age of 18 years. The term also includes
11		persons under age 21 who:
12		(A) were committed to the Department pursuant to
13		the Juvenile Court Act or the Juvenile Court Act of
14		1987, as amended, prior to the age of 18 and who
15		continue under the jurisdiction of the court; or
16		(B) were accepted for care, service and training by
17		the Department prior to the age of 18 and whose best
18		interest in the discretion of the Department would be
19		served by continuing that care, service and training
20		because of severe emotional disturbances, physical
21		disability, social adjustment or any combination
22		thereof, or because of the need to complete an
23		educational or vocational training program.
24		(2) "Homeless youth" means persons found within the

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

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1		not safe, possible or appropriate;
2		(F) assuring safe and adequate care of children
3		away from their homes, in cases where the child cannot
4		be returned home or cannot be placed for adoption. At
5		the time of placement, the Department shall consider
6		concurrent planning, as described in subsection (l-1)
7		of this Section so that permanency may occur at the
8		earliest opportunity. Consideration should be given so
9		that if reunification fails or is delayed, the
10		placement made is the best available placement to
11		provide permanency for the child;
12		(G) (blank);
13		(H) (blank); and
14		(I) placing and maintaining children in facilities
15		that provide separate living quarters for children
16		under the age of 18 and for children 18 years of age
17		and older, unless a child 18 years of age is in the
18		last year of high school education or vocational
19		training, in an approved individual or group treatment
20		program, in a licensed shelter facility, or secure
21		child care facility. The Department is not required to
22		place or maintain children:
23		(i) who are in a foster home, or
24		(ii) who are persons with a developmental
25		disability, as defined in the Mental Health and
26		Developmental Disabilities Code, or

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1		(iii) who are female children who are
2		pregnant, pregnant and parenting or parenting, or
3		(iv) who are siblings, in facilities that
4		provide separate living quarters for children 18
5		years of age and older and for children under 18
6		years of age.
7		(b) Nothing in this Section shall be construed to authorize
8		the expenditure of public funds for the purpose of performing
9		abortions.
10		(c) The Department shall establish and maintain
11		tax-supported child welfare services and extend and seek to
12		improve voluntary services throughout the State, to the end
13		that services and care shall be available on an equal basis
14		throughout the State to children requiring such services.
15		(d) The Director may authorize advance disbursements for
16		any new program initiative to any agency contracting with the
17		Department. As a prerequisite for an advance disbursement, the
18		contractor must post a surety bond in the amount of the advance
19		disbursement and have a purchase of service contract approved
20		by the Department. The Department may pay up to 2 months
21		operational expenses in advance. The amount of the advance
22		disbursement shall be prorated over the life of the contract or
23		the remaining months of the fiscal year, whichever is less, and
24		the installment amount shall then be deducted from future
25		bills. Advance disbursement authorizations for new initiatives
26		shall not be made to any agency after that agency has operated

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1		during 2 consecutive fiscal years. The requirements of this
2		Section concerning advance disbursements shall not apply with
3		respect to the following: payments to local public agencies for
4		child day care services as authorized by Section 5a of this
5		Act; and youth service programs receiving grant funds under
6		Section 17a-4.
7		(e) (Blank).
8		(f) (Blank).
9		(g) The Department shall establish rules and regulations
10		concerning its operation of programs designed to meet the goals
11		of child safety and protection, family preservation, family
12		reunification, and adoption, including but not limited to:
13		(1) adoption;
14		(2) foster care;
15		(3) family counseling;
16		(4) protective services;
17		(5) (blank);
18		(6) homemaker service;
19		(7) return of runaway children;
20		(8) (blank);
21		(9) placement under Section 5-7 of the Juvenile Court
22		Act or Section 2-27, 3-28, 4-25 or 5-740 of the Juvenile
23		Court Act of 1987 in accordance with the federal Adoption
24		Assistance and Child Welfare Act of 1980; and
25		(10) interstate services.
26		Rules and regulations established by the Department shall

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

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

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1		new adoption of the child by another adoptive parent or
2		parents. The Department may also provide categories of
3		financial assistance and education assistance grants, and
4		shall establish rules and regulations for the assistance and
5		grants, to persons appointed guardian of the person under
6		Section 5-7 of the Juvenile Court Act or Section 2-27, 3-28,
7		4-25 or 5-740 of the Juvenile Court Act of 1987 for children
8		who were wards of the Department for 12 months immediately
9		prior to the appointment of the guardian.
10		The amount of assistance may vary, depending upon the needs
11		of the child and the adoptive parents, as set forth in the
12		annual assistance agreement. Special purpose grants are
13		allowed where the child requires special service but such costs
14		may not exceed the amounts which similar services would cost
15		the Department if it were to provide or secure them as guardian
16		of the child.
17		Any financial assistance provided under this subsection is
18		inalienable by assignment, sale, execution, attachment,
19		garnishment, or any other remedy for recovery or collection of
20		a judgment or debt.
21		(j-5) The Department shall not deny or delay the placement
22		of a child for adoption if an approved family is available
23		either outside of the Department region handling the case, or
24		outside of the State of Illinois.
25		(k) The Department shall accept for care and training any
26		child who has been adjudicated neglected or abused, or

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

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1		reasonable promptness and if those services are available.
2		The Department shall notify the child and his family of the
3		Department's responsibility to offer and provide family
4		preservation services as identified in the service plan. The
5		child and his family shall be eligible for services as soon as
6		the report is determined to be "indicated". The Department may
7		offer services to any child or family with respect to whom a
8		report of suspected child abuse or neglect has been filed,
9		prior to concluding its investigation under Section 7.12 of the
10		Abused and Neglected Child Reporting Act. However, the child's
11		or family's willingness to accept services shall not be
12		considered in the investigation. The Department may also
13		provide services to any child or family who is the subject of
14		any report of suspected child abuse or neglect or may refer
15		such child or family to services available from other agencies
16		in the community, even if the report is determined to be
17		unfounded, if the conditions in the child's or family's home
18		are reasonably likely to subject the child or family to future
19		reports of suspected child abuse or neglect. Acceptance of such
20		services shall be voluntary. The Department may also provide
21		services to any child or family after completion of a family
22		assessment, as an alternative to an investigation, as provided
23		under the "differential response program" provided for in
24		subsection (a-5) of Section 7.4 of the Abused and Neglected
25		Child Reporting Act.
26		The Department may, at its discretion except for those

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1		children also adjudicated neglected or dependent, accept for
2		care and training any child who has been adjudicated addicted,
3		as a truant minor in need of supervision or as a minor
4		requiring authoritative intervention, under the Juvenile Court
5		Act or the Juvenile Court Act of 1987, but no such child shall
6		be committed to the Department by any court without the
7		approval of the Department. On and after the effective date of
8		this amendatory Act of the 98th General Assembly and before
9		January 1, 2017, a minor charged with a criminal offense under
10		the Criminal Code of 1961 or the Criminal Code of 2012 or
11		adjudicated delinquent shall not be placed in the custody of or
12		committed to the Department by any court, except (i) a minor
13		less than 16 years of age committed to the Department under
14		Section 5-710 of the Juvenile Court Act of 1987, (ii) a minor
15		for whom an independent basis of abuse, neglect, or dependency
16		exists, which must be defined by departmental rule, or (iii) a
17		minor for whom the court has granted a supplemental petition to
18		reinstate wardship pursuant to subsection (2) of Section 2-33
19		of the Juvenile Court Act of 1987. On and after January 1,
20		2017, a minor charged with a criminal offense under the
21		Criminal Code of 1961 or the Criminal Code of 2012 or
22		adjudicated delinquent shall not be placed in the custody of or
23		committed to the Department by any court, except (i) a minor
24		less than 15 years of age committed to the Department under
25		Section 5-710 of the Juvenile Court Act of 1987, ii) a minor
26		for whom an independent basis of abuse, neglect, or dependency

HB4049 Engrossed - 257 - LRB099 03667 KTG 23678 b
1		exists, which must be defined by departmental rule, or (iii) a
2		minor for whom the court has granted a supplemental petition to
3		reinstate wardship pursuant to subsection (2) of Section 2-33
4		of the Juvenile Court Act of 1987. An independent basis exists
5		when the allegations or adjudication of abuse, neglect, or
6		dependency do not arise from the same facts, incident, or
7		circumstances which give rise to a charge or adjudication of
8		delinquency.
9		As soon as is possible after August 7, 2009 (the effective
10		date of Public Act 96-134), the Department shall develop and
11		implement a special program of family preservation services to
12		support intact, foster, and adoptive families who are
13		experiencing extreme hardships due to the difficulty and stress
14		of caring for a child who has been diagnosed with a pervasive
15		developmental disorder if the Department determines that those
16		services are necessary to ensure the health and safety of the
17		child. The Department may offer services to any family whether
18		or not a report has been filed under the Abused and Neglected
19		Child Reporting Act. The Department may refer the child or
20		family to services available from other agencies in the
21		community if the conditions in the child's or family's home are
22		reasonably likely to subject the child or family to future
23		reports of suspected child abuse or neglect. Acceptance of
24		these services shall be voluntary. The Department shall develop
25		and implement a public information campaign to alert health and
26		social service providers and the general public about these

HB4049 Engrossed - 258 - LRB099 03667 KTG 23678 b
1		special family preservation services. The nature and scope of
2		the services offered and the number of families served under
3		the special program implemented under this paragraph shall be
4		determined by the level of funding that the Department annually
5		allocates for this purpose. The term "pervasive developmental
6		disorder" under this paragraph means a neurological condition,
7		including but not limited to, Asperger's Syndrome and autism,
8		as defined in the most recent edition of the Diagnostic and
9		Statistical Manual of Mental Disorders of the American
10		Psychiatric Association.
11		(l-1) The legislature recognizes that the best interests of
12		the child require that the child be placed in the most
13		permanent living arrangement as soon as is practically
14		possible. To achieve this goal, the legislature directs the
15		Department of Children and Family Services to conduct
16		concurrent planning so that permanency may occur at the
17		earliest opportunity. Permanent living arrangements may
18		include prevention of placement of a child outside the home of
19		the family when the child can be cared for at home without
20		endangering the child's health or safety; reunification with
21		the family, when safe and appropriate, if temporary placement
22		is necessary; or movement of the child toward the most
23		permanent living arrangement and permanent legal status.
24		When determining reasonable efforts to be made with respect
25		to a child, as described in this subsection, and in making such
26		reasonable efforts, the child's health and safety shall be the

HB4049 Engrossed - 259 - LRB099 03667 KTG 23678 b
1		paramount concern.
2		When a child is placed in foster care, the Department shall
3		ensure and document that reasonable efforts were made to
4		prevent or eliminate the need to remove the child from the
5		child's home. The Department must make reasonable efforts to
6		reunify the family when temporary placement of the child occurs
7		unless otherwise required, pursuant to the Juvenile Court Act
8		of 1987. At any time after the dispositional hearing where the
9		Department believes that further reunification services would
10		be ineffective, it may request a finding from the court that
11		reasonable efforts are no longer appropriate. The Department is
12		not required to provide further reunification services after
13		such a finding.
14		A decision to place a child in substitute care shall be
15		made with considerations of the child's health, safety, and
16		best interests. At the time of placement, consideration should
17		also be given so that if reunification fails or is delayed, the
18		placement made is the best available placement to provide
19		permanency for the child.
20		The Department shall adopt rules addressing concurrent
21		planning for reunification and permanency. The Department
22		shall consider the following factors when determining
23		appropriateness of concurrent planning:
24		(1) the likelihood of prompt reunification;
25		(2) the past history of the family;
26		(3) the barriers to reunification being addressed by

HB4049 Engrossed - 260 - LRB099 03667 KTG 23678 b
1		the family;
2		(4) the level of cooperation of the family;
3		(5) the foster parents' willingness to work with the
4		family to reunite;
5		(6) the willingness and ability of the foster family to
6		provide an adoptive home or long-term placement;
7		(7) the age of the child;
8		(8) placement of siblings.
9		(m) The Department may assume temporary custody of any
10		child if:
11		(1) it has received a written consent to such temporary
12		custody signed by the parents of the child or by the parent
13		having custody of the child if the parents are not living
14		together or by the guardian or custodian of the child if
15		the child is not in the custody of either parent, or
16		(2) the child is found in the State and neither a
17		parent, guardian nor custodian of the child can be located.
18		If the child is found in his or her residence without a parent,
19		guardian, custodian or responsible caretaker, the Department
20		may, instead of removing the child and assuming temporary
21		custody, place an authorized representative of the Department
22		in that residence until such time as a parent, guardian or
23		custodian enters the home and expresses a willingness and
24		apparent ability to ensure the child's health and safety and
25		resume permanent charge of the child, or until a relative
26		enters the home and is willing and able to ensure the child's

HB4049 Engrossed - 261 - LRB099 03667 KTG 23678 b
1		health and safety and assume charge of the child until a
2		parent, guardian or custodian enters the home and expresses
3		such willingness and ability to ensure the child's safety and
4		resume permanent charge. After a caretaker has remained in the
5		home for a period not to exceed 12 hours, the Department must
6		follow those procedures outlined in Section 2-9, 3-11, 4-8, or
7		5-415 of the Juvenile Court Act of 1987.
8		The Department shall have the authority, responsibilities
9		and duties that a legal custodian of the child would have
10		pursuant to subsection (9) of Section 1-3 of the Juvenile Court
11		Act of 1987. Whenever a child is taken into temporary custody
12		pursuant to an investigation under the Abused and Neglected
13		Child Reporting Act, or pursuant to a referral and acceptance
14		under the Juvenile Court Act of 1987 of a minor in limited
15		custody, the Department, during the period of temporary custody
16		and before the child is brought before a judicial officer as
17		required by Section 2-9, 3-11, 4-8, or 5-415 of the Juvenile
18		Court Act of 1987, shall have the authority, responsibilities
19		and duties that a legal custodian of the child would have under
20		subsection (9) of Section 1-3 of the Juvenile Court Act of
21		1987.
22		The Department shall ensure that any child taken into
23		custody is scheduled for an appointment for a medical
24		examination.
25		A parent, guardian or custodian of a child in the temporary
26		custody of the Department who would have custody of the child

HB4049 Engrossed - 262 - LRB099 03667 KTG 23678 b
1		if he were not in the temporary custody of the Department may
2		deliver to the Department a signed request that the Department
3		surrender the temporary custody of the child. The Department
4		may retain temporary custody of the child for 10 days after the
5		receipt of the request, during which period the Department may
6		cause to be filed a petition pursuant to the Juvenile Court Act
7		of 1987. If a petition is so filed, the Department shall retain
8		temporary custody of the child until the court orders
9		otherwise. If a petition is not filed within the 10 day period,
10		the child shall be surrendered to the custody of the requesting
11		parent, guardian or custodian not later than the expiration of
12		the 10 day period, at which time the authority and duties of
13		the Department with respect to the temporary custody of the
14		child shall terminate.
15		(m-1) The Department may place children under 18 years of
16		age in a secure child care facility licensed by the Department
17		that cares for children who are in need of secure living
18		arrangements for their health, safety, and well-being after a
19		determination is made by the facility director and the Director
20		or the Director's designate prior to admission to the facility
21		subject to Section 2-27.1 of the Juvenile Court Act of 1987.
22		This subsection (m-1) does not apply to a child who is subject
23		to placement in a correctional facility operated pursuant to
24		Section 3-15-2 of the Unified Code of Corrections, unless the
25		child is a ward who was placed under the care of the Department
26		before being subject to placement in a correctional facility

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1		and a court of competent jurisdiction has ordered placement of
2		the child in a secure care facility.
3		(n) The Department may place children under 18 years of age
4		in licensed child care facilities when in the opinion of the
5		Department, appropriate services aimed at family preservation
6		have been unsuccessful and cannot ensure the child's health and
7		safety or are unavailable and such placement would be for their
8		best interest. Payment for board, clothing, care, training and
9		supervision of any child placed in a licensed child care
10		facility may be made by the Department, by the parents or
11		guardians of the estates of those children, or by both the
12		Department and the parents or guardians, except that no
13		payments shall be made by the Department for any child placed
14		in a licensed child care facility for board, clothing, care,
15		training and supervision of such a child that exceed the
16		average per capita cost of maintaining and of caring for a
17		child in institutions for dependent or neglected children
18		operated by the Department. However, such restriction on
19		payments does not apply in cases where children require
20		specialized care and treatment for problems of severe emotional
21		disturbance, physical disability, social adjustment, or any
22		combination thereof and suitable facilities for the placement
23		of such children are not available at payment rates within the
24		limitations set forth in this Section. All reimbursements for
25		services delivered shall be absolutely inalienable by
26		assignment, sale, attachment, garnishment or otherwise.

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1		(n-1) The Department shall provide or authorize child
2		welfare services, aimed at assisting minors to achieve
3		sustainable self-sufficiency as independent adults, for any
4		minor eligible for the reinstatement of wardship pursuant to
5		subsection (2) of Section 2-33 of the Juvenile Court Act of
6		1987, whether or not such reinstatement is sought or allowed,
7		provided that the minor consents to such services and has not
8		yet attained the age of 21. The Department shall have
9		responsibility for the development and delivery of services
10		under this Section. An eligible youth may access services under
11		this Section through the Department of Children and Family
12		Services or by referral from the Department of Human Services.
13		Youth participating in services under this Section shall
14		cooperate with the assigned case manager in developing an
15		agreement identifying the services to be provided and how the
16		youth will increase skills to achieve self-sufficiency. A
17		homeless shelter is not considered appropriate housing for any
18		youth receiving child welfare services under this Section. The
19		Department shall continue child welfare services under this
20		Section to any eligible minor until the minor becomes 21 years
21		of age, no longer consents to participate, or achieves
22		self-sufficiency as identified in the minor's service plan. The
23		Department of Children and Family Services shall create clear,
24		readable notice of the rights of former foster youth to child
25		welfare services under this Section and how such services may
26		be obtained. The Department of Children and Family Services and

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1		the Department of Human Services shall disseminate this
2		information statewide. The Department shall adopt regulations
3		describing services intended to assist minors in achieving
4		sustainable self-sufficiency as independent adults.
5		(o) The Department shall establish an administrative
6		review and appeal process for children and families who request
7		or receive child welfare services from the Department. Children
8		who are wards of the Department and are placed by private child
9		welfare agencies, and foster families with whom those children
10		are placed, shall be afforded the same procedural and appeal
11		rights as children and families in the case of placement by the
12		Department, including the right to an initial review of a
13		private agency decision by that agency. The Department shall
14		insure that any private child welfare agency, which accepts
15		wards of the Department for placement, affords those rights to
16		children and foster families. The Department shall accept for
17		administrative review and an appeal hearing a complaint made by
18		(i) a child or foster family concerning a decision following an
19		initial review by a private child welfare agency or (ii) a
20		prospective adoptive parent who alleges a violation of
21		subsection (j-5) of this Section. An appeal of a decision
22		concerning a change in the placement of a child shall be
23		conducted in an expedited manner. A court determination that a
24		current foster home placement is necessary and appropriate
25		under Section 2-28 of the Juvenile Court Act of 1987 does not
26		constitute a judicial determination on the merits of an

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1		administrative appeal, filed by a former foster parent,
2		involving a change of placement decision.
3		(p) There is hereby created the Department of Children and
4		Family Services Emergency Assistance Fund from which the
5		Department may provide special financial assistance to
6		families which are in economic crisis when such assistance is
7		not available through other public or private sources and the
8		assistance is deemed necessary to prevent dissolution of the
9		family unit or to reunite families which have been separated
10		due to child abuse and neglect. The Department shall establish
11		administrative rules specifying the criteria for determining
12		eligibility for and the amount and nature of assistance to be
13		provided. The Department may also enter into written agreements
14		with private and public social service agencies to provide
15		emergency financial services to families referred by the
16		Department. Special financial assistance payments shall be
17		available to a family no more than once during each fiscal year
18		and the total payments to a family may not exceed $500 during a
19		fiscal year.
20		(q) The Department may receive and use, in their entirety,
21		for the benefit of children any gift, donation or bequest of
22		money or other property which is received on behalf of such
23		children, or any financial benefits to which such children are
24		or may become entitled while under the jurisdiction or care of
25		the Department.
26		The Department shall set up and administer no-cost,

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1		interest-bearing accounts in appropriate financial
2		institutions for children for whom the Department is legally
3		responsible and who have been determined eligible for Veterans'
4		Benefits, Social Security benefits, assistance allotments from
5		the armed forces, court ordered payments, parental voluntary
6		payments, Supplemental Security Income, Railroad Retirement
7		payments, Black Lung benefits, or other miscellaneous
8		payments. Interest earned by each account shall be credited to
9		the account, unless disbursed in accordance with this
10		subsection.
11		In disbursing funds from children's accounts, the
12		Department shall:
13		(1) Establish standards in accordance with State and
14		federal laws for disbursing money from children's
15		accounts. In all circumstances, the Department's
16		"Guardianship Administrator" or his or her designee must
17		approve disbursements from children's accounts. The
18		Department shall be responsible for keeping complete
19		records of all disbursements for each account for any
20		purpose.
21		(2) Calculate on a monthly basis the amounts paid from
22		State funds for the child's board and care, medical care
23		not covered under Medicaid, and social services; and
24		utilize funds from the child's account, as covered by
25		regulation, to reimburse those costs. Monthly,
26		disbursements from all children's accounts, up to 1/12 of

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1		$13,000,000, shall be deposited by the Department into the
2		General Revenue Fund and the balance over 1/12 of
3		$13,000,000 into the DCFS Children's Services Fund.
4		(3) Maintain any balance remaining after reimbursing
5		for the child's costs of care, as specified in item (2).
6		The balance shall accumulate in accordance with relevant
7		State and federal laws and shall be disbursed to the child
8		or his or her guardian, or to the issuing agency.
9		(r) The Department shall promulgate regulations
10		encouraging all adoption agencies to voluntarily forward to the
11		Department or its agent names and addresses of all persons who
12		have applied for and have been approved for adoption of a
13		hard-to-place or handicapped child or child with a disability
14		and the names of such children who have not been placed for
15		adoption. A list of such names and addresses shall be
16		maintained by the Department or its agent, and coded lists
17		which maintain the confidentiality of the person seeking to
18		adopt the child and of the child shall be made available,
19		without charge, to every adoption agency in the State to assist
20		the agencies in placing such children for adoption. The
21		Department may delegate to an agent its duty to maintain and
22		make available such lists. The Department shall ensure that
23		such agent maintains the confidentiality of the person seeking
24		to adopt the child and of the child.
25		(s) The Department of Children and Family Services may
26		establish and implement a program to reimburse Department and

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1		private child welfare agency foster parents licensed by the
2		Department of Children and Family Services for damages
3		sustained by the foster parents as a result of the malicious or
4		negligent acts of foster children, as well as providing third
5		party coverage for such foster parents with regard to actions
6		of foster children to other individuals. Such coverage will be
7		secondary to the foster parent liability insurance policy, if
8		applicable. The program shall be funded through appropriations
9		from the General Revenue Fund, specifically designated for such
10		purposes.
11		(t) The Department shall perform home studies and
12		investigations and shall exercise supervision over visitation
13		as ordered by a court pursuant to the Illinois Marriage and
14		Dissolution of Marriage Act or the Adoption Act only if:
15		(1) an order entered by an Illinois court specifically
16		directs the Department to perform such services; and
17		(2) the court has ordered one or both of the parties to
18		the proceeding to reimburse the Department for its
19		reasonable costs for providing such services in accordance
20		with Department rules, or has determined that neither party
21		is financially able to pay.
22		The Department shall provide written notification to the
23		court of the specific arrangements for supervised visitation
24		and projected monthly costs within 60 days of the court order.
25		The Department shall send to the court information related to
26		the costs incurred except in cases where the court has

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1		determined the parties are financially unable to pay. The court
2		may order additional periodic reports as appropriate.
3		(u) In addition to other information that must be provided,
4		whenever the Department places a child with a prospective
5		adoptive parent or parents or in a licensed foster home, group
6		home, child care institution, or in a relative home, the
7		Department shall provide to the prospective adoptive parent or
8		parents or other caretaker:
9		(1) available detailed information concerning the
10		child's educational and health history, copies of
11		immunization records (including insurance and medical card
12		information), a history of the child's previous
13		placements, if any, and reasons for placement changes
14		excluding any information that identifies or reveals the
15		location of any previous caretaker;
16		(2) a copy of the child's portion of the client service
17		plan, including any visitation arrangement, and all
18		amendments or revisions to it as related to the child; and
19		(3) information containing details of the child's
20		individualized educational plan when the child is
21		receiving special education services.
22		The caretaker shall be informed of any known social or
23		behavioral information (including, but not limited to,
24		criminal background, fire setting, perpetuation of sexual
25		abuse, destructive behavior, and substance abuse) necessary to
26		care for and safeguard the children to be placed or currently

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1		in the home. The Department may prepare a written summary of
2		the information required by this paragraph, which may be
3		provided to the foster or prospective adoptive parent in
4		advance of a placement. The foster or prospective adoptive
5		parent may review the supporting documents in the child's file
6		in the presence of casework staff. In the case of an emergency
7		placement, casework staff shall at least provide known
8		information verbally, if necessary, and must subsequently
9		provide the information in writing as required by this
10		subsection.
11		The information described in this subsection shall be
12		provided in writing. In the case of emergency placements when
13		time does not allow prior review, preparation, and collection
14		of written information, the Department shall provide such
15		information as it becomes available. Within 10 business days
16		after placement, the Department shall obtain from the
17		prospective adoptive parent or parents or other caretaker a
18		signed verification of receipt of the information provided.
19		Within 10 business days after placement, the Department shall
20		provide to the child's guardian ad litem a copy of the
21		information provided to the prospective adoptive parent or
22		parents or other caretaker. The information provided to the
23		prospective adoptive parent or parents or other caretaker shall
24		be reviewed and approved regarding accuracy at the supervisory
25		level.
26		(u-5) Effective July 1, 1995, only foster care placements

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1		licensed as foster family homes pursuant to the Child Care Act
2		of 1969 shall be eligible to receive foster care payments from
3		the Department. Relative caregivers who, as of July 1, 1995,
4		were approved pursuant to approved relative placement rules
5		previously promulgated by the Department at 89 Ill. Adm. Code
6		335 and had submitted an application for licensure as a foster
7		family home may continue to receive foster care payments only
8		until the Department determines that they may be licensed as a
9		foster family home or that their application for licensure is
10		denied or until September 30, 1995, whichever occurs first.
11		(v) The Department shall access criminal history record
12		information as defined in the Illinois Uniform Conviction
13		Information Act and information maintained in the adjudicatory
14		and dispositional record system as defined in Section 2605-355
15		of the Department of State Police Law (20 ILCS 2605/2605-355)
16		if the Department determines the information is necessary to
17		perform its duties under the Abused and Neglected Child
18		Reporting Act, the Child Care Act of 1969, and the Children and
19		Family Services Act. The Department shall provide for
20		interactive computerized communication and processing
21		equipment that permits direct on-line communication with the
22		Department of State Police's central criminal history data
23		repository. The Department shall comply with all certification
24		requirements and provide certified operators who have been
25		trained by personnel from the Department of State Police. In
26		addition, one Office of the Inspector General investigator

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1		shall have training in the use of the criminal history
2		information access system and have access to the terminal. The
3		Department of Children and Family Services and its employees
4		shall abide by rules and regulations established by the
5		Department of State Police relating to the access and
6		dissemination of this information.
7		(v-1) Prior to final approval for placement of a child, the
8		Department shall conduct a criminal records background check of
9		the prospective foster or adoptive parent, including
10		fingerprint-based checks of national crime information
11		databases. Final approval for placement shall not be granted if
12		the record check reveals a felony conviction for child abuse or
13		neglect, for spousal abuse, for a crime against children, or
14		for a crime involving violence, including rape, sexual assault,
15		or homicide, but not including other physical assault or
16		battery, or if there is a felony conviction for physical
17		assault, battery, or a drug-related offense committed within
18		the past 5 years.
19		(v-2) Prior to final approval for placement of a child, the
20		Department shall check its child abuse and neglect registry for
21		information concerning prospective foster and adoptive
22		parents, and any adult living in the home. If any prospective
23		foster or adoptive parent or other adult living in the home has
24		resided in another state in the preceding 5 years, the
25		Department shall request a check of that other state's child
26		abuse and neglect registry.

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1		(w) Within 120 days of August 20, 1995 (the effective date
2		of Public Act 89-392), the Department shall prepare and submit
3		to the Governor and the General Assembly, a written plan for
4		the development of in-state licensed secure child care
5		facilities that care for children who are in need of secure
6		living arrangements for their health, safety, and well-being.
7		For purposes of this subsection, secure care facility shall
8		mean a facility that is designed and operated to ensure that
9		all entrances and exits from the facility, a building or a
10		distinct part of the building, are under the exclusive control
11		of the staff of the facility, whether or not the child has the
12		freedom of movement within the perimeter of the facility,
13		building, or distinct part of the building. The plan shall
14		include descriptions of the types of facilities that are needed
15		in Illinois; the cost of developing these secure care
16		facilities; the estimated number of placements; the potential
17		cost savings resulting from the movement of children currently
18		out-of-state who are projected to be returned to Illinois; the
19		necessary geographic distribution of these facilities in
20		Illinois; and a proposed timetable for development of such
21		facilities.
22		(x) The Department shall conduct annual credit history
23		checks to determine the financial history of children placed
24		under its guardianship pursuant to the Juvenile Court Act of
25		1987. The Department shall conduct such credit checks starting
26		when a ward turns 12 years old and each year thereafter for the

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1		duration of the guardianship as terminated pursuant to the
2		Juvenile Court Act of 1987. The Department shall determine if
3		financial exploitation of the child's personal information has
4		occurred. If financial exploitation appears to have taken place
5		or is presently ongoing, the Department shall notify the proper
6		law enforcement agency, the proper State's Attorney, or the
7		Attorney General.
8		(y) Beginning on the effective date of this amendatory Act
9		of the 96th General Assembly, a child with a disability who
10		receives residential and educational services from the
11		Department shall be eligible to receive transition services in
12		accordance with Article 14 of the School Code from the age of
13		14.5 through age 21, inclusive, notwithstanding the child's
14		residential services arrangement. For purposes of this
15		subsection, "child with a disability" means a child with a
16		disability as defined by the federal Individuals with
17		Disabilities Education Improvement Act of 2004.
18		(z) The Department shall access criminal history record
19		information as defined as "background information" in this
20		subsection and criminal history record information as defined
21		in the Illinois Uniform Conviction Information Act for each
22		Department employee or Department applicant. Each Department
23		employee or Department applicant shall submit his or her
24		fingerprints to the Department of State Police in the form and
25		manner prescribed by the Department of State Police. These
26		fingerprints shall be checked against the fingerprint records

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1		now and hereafter filed in the Department of State Police and
2		the Federal Bureau of Investigation criminal history records
3		databases. The Department of State Police shall charge a fee
4		for conducting the criminal history record check, which shall
5		be deposited into the State Police Services Fund and shall not
6		exceed the actual cost of the record check. The Department of
7		State Police shall furnish, pursuant to positive
8		identification, all Illinois conviction information to the
9		Department of Children and Family Services.
10		For purposes of this subsection:
11		"Background information" means all of the following:
12		(i) Upon the request of the Department of Children and
13		Family Services, conviction information obtained from the
14		Department of State Police as a result of a
15		fingerprint-based criminal history records check of the
16		Illinois criminal history records database and the Federal
17		Bureau of Investigation criminal history records database
18		concerning a Department employee or Department applicant.
19		(ii) Information obtained by the Department of
20		Children and Family Services after performing a check of
21		the Department of State Police's Sex Offender Database, as
22		authorized by Section 120 of the Sex Offender Community
23		Notification Law, concerning a Department employee or
24		Department applicant.
25		(iii) Information obtained by the Department of
26		Children and Family Services after performing a check of

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1		the Child Abuse and Neglect Tracking System (CANTS)
2		operated and maintained by the Department.
3		"Department employee" means a full-time or temporary
4		employee coded or certified within the State of Illinois
5		Personnel System.
6		"Department applicant" means an individual who has
7		conditional Department full-time or part-time work, a
8		contractor, an individual used to replace or supplement staff,
9		an academic intern, a volunteer in Department offices or on
10		Department contracts, a work-study student, an individual or
11		entity licensed by the Department, or an unlicensed service
12		provider who works as a condition of a contract or an agreement
13		and whose work may bring the unlicensed service provider into
14		contact with Department clients or client records.
15		(Source: P.A. 97-1150, eff. 1-25-13; 98-249, eff. 1-1-14;
16		98-570, eff. 8-27-13; 98-756, eff. 7-16-14; 98-803, eff.
17		1-1-15.)
18		(20 ILCS 505/7) (from Ch. 23, par. 5007)
19		Sec. 7. Placement of children; considerations.
20		(a) In placing any child under this Act, the Department
21		shall place the child, as far as possible, in the care and
22		custody of some individual holding the same religious belief as
23		the parents of the child, or with some child care facility
24		which is operated by persons of like religious faith as the
25		parents of such child.

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1		(a-5) In placing a child under this Act, the Department
2		shall place the child with the child's sibling or siblings
3		under Section 7.4 of this Act unless the placement is not in
4		each child's best interest, or is otherwise not possible under
5		the Department's rules. If the child is not placed with a
6		sibling under the Department's rules, the Department shall
7		consider placements that are likely to develop, preserve,
8		nurture, and support sibling relationships, where doing so is
9		in each child's best interest.
10		(b) In placing a child under this Act, the Department may
11		place a child with a relative if the Department determines that
12		the relative will be able to adequately provide for the child's
13		safety and welfare based on the factors set forth in the
14		Department's rules governing relative placements, and that the
15		placement is consistent with the child's best interests, taking
16		into consideration the factors set out in subsection (4.05) of
17		Section 1-3 of the Juvenile Court Act of 1987.
18		When the Department first assumes custody of a child, in
19		placing that child under this Act, the Department shall make
20		reasonable efforts to identify and locate a relative who is
21		ready, willing, and able to care for the child. At a minimum,
22		these efforts shall be renewed each time the child requires a
23		placement change and it is appropriate for the child to be
24		cared for in a home environment. The Department must document
25		its efforts to identify and locate such a relative placement
26		and maintain the documentation in the child's case file.

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1		If the Department determines that a placement with any
2		identified relative is not in the child's best interests or
3		that the relative does not meet the requirements to be a
4		relative caregiver, as set forth in Department rules or by
5		statute, the Department must document the basis for that
6		decision and maintain the documentation in the child's case
7		file.
8		If, pursuant to the Department's rules, any person files an
9		administrative appeal of the Department's decision not to place
10		a child with a relative, it is the Department's burden to prove
11		that the decision is consistent with the child's best
12		interests.
13		When the Department determines that the child requires
14		placement in an environment, other than a home environment, the
15		Department shall continue to make reasonable efforts to
16		identify and locate relatives to serve as visitation resources
17		for the child and potential future placement resources, except
18		when the Department determines that those efforts would be
19		futile or inconsistent with the child's best interests.
20		If the Department determines that efforts to identify and
21		locate relatives would be futile or inconsistent with the
22		child's best interests, the Department shall document the basis
23		of its determination and maintain the documentation in the
24		child's case file.
25		If the Department determines that an individual or a group
26		of relatives are inappropriate to serve as visitation resources

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1		or possible placement resources, the Department shall document
2		the basis of its determination and maintain the documentation
3		in the child's case file.
4		When the Department determines that an individual or a
5		group of relatives are appropriate to serve as visitation
6		resources or possible future placement resources, the
7		Department shall document the basis of its determination,
8		maintain the documentation in the child's case file, create a
9		visitation or transition plan, or both, and incorporate the
10		visitation or transition plan, or both, into the child's case
11		plan. For the purpose of this subsection, any determination as
12		to the child's best interests shall include consideration of
13		the factors set out in subsection (4.05) of Section 1-3 of the
14		Juvenile Court Act of 1987.
15		The Department may not place a child with a relative, with
16		the exception of certain circumstances which may be waived as
17		defined by the Department in rules, if the results of a check
18		of the Law Enforcement Agencies Data System (LEADS) identifies
19		a prior criminal conviction of the relative or any adult member
20		of the relative's household for any of the following offenses
21		under the Criminal Code of 1961 or the Criminal Code of 2012:
22		(1) murder;
23		(1.1) solicitation of murder;
24		(1.2) solicitation of murder for hire;
25		(1.3) intentional homicide of an unborn child;
26		(1.4) voluntary manslaughter of an unborn child;

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1		(1.5) involuntary manslaughter;
2		(1.6) reckless homicide;
3		(1.7) concealment of a homicidal death;
4		(1.8) involuntary manslaughter of an unborn child;
5		(1.9) reckless homicide of an unborn child;
6		(1.10) drug-induced homicide;
7		(2) a sex offense under Article 11, except offenses
8		described in Sections 11-7, 11-8, 11-12, 11-13, 11-35,
9		11-40, and 11-45;
10		(3) kidnapping;
11		(3.1) aggravated unlawful restraint;
12		(3.2) forcible detention;
13		(3.3) aiding and abetting child abduction;
14		(4) aggravated kidnapping;
15		(5) child abduction;
16		(6) aggravated battery of a child as described in
17		Section 12-4.3 or subdivision (b)(1) of Section 12-3.05;
18		(7) criminal sexual assault;
19		(8) aggravated criminal sexual assault;
20		(8.1) predatory criminal sexual assault of a child;
21		(9) criminal sexual abuse;
22		(10) aggravated sexual abuse;
23		(11) heinous battery as described in Section 12-4.1 or
24		subdivision (a)(2) of Section 12-3.05;
25		(12) aggravated battery with a firearm as described in
26		Section 12-4.2 or subdivision (e)(1), (e)(2), (e)(3), or

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1		(e)(4) of Section 12-3.05;
2		(13) tampering with food, drugs, or cosmetics;
3		(14) drug-induced infliction of great bodily harm as
4		described in Section 12-4.7 or subdivision (g)(1) of
5		Section 12-3.05;
6		(15) aggravated stalking;
7		(16) home invasion;
8		(17) vehicular invasion;
9		(18) criminal transmission of HIV;
10		(19) criminal abuse or neglect of an elderly person or
11		person with a disability disabled person as described in
12		Section 12-21 or subsection (b) of Section 12-4.4a;
13		(20) child abandonment;
14		(21) endangering the life or health of a child;
15		(22) ritual mutilation;
16		(23) ritualized abuse of a child;
17		(24) an offense in any other state the elements of
18		which are similar and bear a substantial relationship to
19		any of the foregoing offenses.
20		For the purpose of this subsection, "relative" shall
21		include any person, 21 years of age or over, other than the
22		parent, who (i) is currently related to the child in any of the
23		following ways by blood or adoption: grandparent, sibling,
24		great-grandparent, uncle, aunt, nephew, niece, first cousin,
25		second cousin, godparent, great-uncle, or great-aunt; or (ii)
26		is the spouse of such a relative; or (iii) is the child's

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1		step-father, step-mother, or adult step-brother or
2		step-sister; or (iv) is a fictive kin; "relative" also includes
3		a person related in any of the foregoing ways to a sibling of a
4		child, even though the person is not related to the child, when
5		the child and its sibling are placed together with that person.
6		For children who have been in the guardianship of the
7		Department, have been adopted, and are subsequently returned to
8		the temporary custody or guardianship of the Department, a
9		"relative" may also include any person who would have qualified
10		as a relative under this paragraph prior to the adoption, but
11		only if the Department determines, and documents, that it would
12		be in the child's best interests to consider this person a
13		relative, based upon the factors for determining best interests
14		set forth in subsection (4.05) of Section 1-3 of the Juvenile
15		Court Act of 1987. A relative with whom a child is placed
16		pursuant to this subsection may, but is not required to, apply
17		for licensure as a foster family home pursuant to the Child
18		Care Act of 1969; provided, however, that as of July 1, 1995,
19		foster care payments shall be made only to licensed foster
20		family homes pursuant to the terms of Section 5 of this Act.
21		Notwithstanding any other provision under this subsection
22		to the contrary, a fictive kin with whom a child is placed
23		pursuant to this subsection shall apply for licensure as a
24		foster family home pursuant to the Child Care Act of 1969
25		within 6 months of the child's placement with the fictive kin.
26		The Department shall not remove a child from the home of a

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1		fictive kin on the basis that the fictive kin fails to apply
2		for licensure within 6 months of the child's placement with the
3		fictive kin, or fails to meet the standard for licensure. All
4		other requirements established under the rules and procedures
5		of the Department concerning the placement of a child, for whom
6		the Department is legally responsible, with a relative shall
7		apply. By June 1, 2015, the Department shall promulgate rules
8		establishing criteria and standards for placement,
9		identification, and licensure of fictive kin.
10		For purposes of this subsection, "fictive kin" means any
11		individual, unrelated by birth or marriage, who is shown to
12		have close personal or emotional ties with the child or the
13		child's family prior to the child's placement with the
14		individual.
15		The provisions added to this subsection (b) by this
16		amendatory Act of the 98th General Assembly shall become
17		operative on and after June 1, 2015.
18		(c) In placing a child under this Act, the Department shall
19		ensure that the child's health, safety, and best interests are
20		met. In rejecting placement of a child with an identified
21		relative, the Department shall ensure that the child's health,
22		safety, and best interests are met. In evaluating the best
23		interests of the child, the Department shall take into
24		consideration the factors set forth in subsection (4.05) of
25		Section 1-3 of the Juvenile Court Act of 1987.
26		The Department shall consider the individual needs of the

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1		child and the capacity of the prospective foster or adoptive
2		parents to meet the needs of the child. When a child must be
3		placed outside his or her home and cannot be immediately
4		returned to his or her parents or guardian, a comprehensive,
5		individualized assessment shall be performed of that child at
6		which time the needs of the child shall be determined. Only if
7		race, color, or national origin is identified as a legitimate
8		factor in advancing the child's best interests shall it be
9		considered. Race, color, or national origin shall not be
10		routinely considered in making a placement decision. The
11		Department shall make special efforts for the diligent
12		recruitment of potential foster and adoptive families that
13		reflect the ethnic and racial diversity of the children for
14		whom foster and adoptive homes are needed. "Special efforts"
15		shall include contacting and working with community
16		organizations and religious organizations and may include
17		contracting with those organizations, utilizing local media
18		and other local resources, and conducting outreach activities.
19		(c-1) At the time of placement, the Department shall
20		consider concurrent planning, as described in subsection (l-1)
21		of Section 5, so that permanency may occur at the earliest
22		opportunity. Consideration should be given so that if
23		reunification fails or is delayed, the placement made is the
24		best available placement to provide permanency for the child.
25		(d) The Department may accept gifts, grants, offers of
26		services, and other contributions to use in making special

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1		recruitment efforts.
2		(e) The Department in placing children in adoptive or
3		foster care homes may not, in any policy or practice relating
4		to the placement of children for adoption or foster care,
5		discriminate against any child or prospective adoptive or
6		foster parent on the basis of race.
7		(Source: P.A. 97-1076, eff. 8-24-12; 97-1109, eff. 1-1-13;
8		97-1150, eff. 1-25-13; 98-846, eff. 1-1-15.)
9		(20 ILCS 505/12.1) (from Ch. 23, par. 5012.1)
10		Sec. 12.1. To cooperate with the State Board of Education
11		and the Department of Human Services in a program to provide
12		for the placement, supervision and foster care of children with
13		disabilities handicaps who must leave their home community in
14		order to attend schools offering programs in special education.
15		(Source: P.A. 89-507, eff. 7-1-97.)
16		(20 ILCS 505/12.2) (from Ch. 23, par. 5012.2)
17		Sec. 12.2. To cooperate with the Department of Human
18		Services in any programs or projects regarding the care and
19		education of handicapped children with disabilities,
20		particularly in relation to the institutions under the
21		administration of the Department.
22		(Source: P.A. 89-507, eff. 7-1-97.)
23		Section 140. The Illinois Enterprise Zone Act is amended by

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1		changing Section 9.2 as follows:
2		(20 ILCS 655/9.2) (from Ch. 67 1/2, par. 615)
3		Sec. 9.2. Exemptions from Regulatory Relaxation. (a)
4		Section 9 and subsection (a) of Section 9.1 do not apply to
5		rules and regulations promulgated pursuant to:
6		(i) the "Environmental Protection Act";
7		(ii) the "Illinois Historic Preservation Act";
8		(iii) the "Illinois Human Rights Act";
9		(iv) any successor acts to any of the foregoing; or
10		(v) any other acts whose purpose is the protection of the
11		environment, the preservation of historic places and
12		landmarks, or the protection of persons against discrimination
13		on the basis of race, color, religion, sex, marital status,
14		national origin or physical or mental disability handicap.
15		(b) No exemption, modification or alternative to any agency
16		rule or regulation promulgated under Section 9 or 9.1 shall be
17		effective which
18		(i) presents a significant risk to the health or safety of
19		persons resident in or employed within an Enterprise Zone;
20		(ii) would conflict with federal law or regulation such
21		that the state, or any unit of local government or school
22		district, or any area of the state other than Enterprise Zones,
23		or any business enterprise located outside of an Enterprise
24		Zone would be disqualified from a federal program or from
25		federal tax or other benefits;

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1		(iii) would suspend or modify an agency rule or regulation
2		mandated by law; or
3		(iv) would eliminate or reduce benefits to individuals who
4		are residents of or employed within a Zone.
5		(Source: P.A. 82-1019.)
6		Section 145. The Department of Natural Resources
7		(Conservation) Law of the Civil Administrative Code of Illinois
8		is amended by changing Section 805-305 as follows:
9		(20 ILCS 805/805-305) (was 20 ILCS 805/63a23)
10		Sec. 805-305. Campsites and housing facilities. The
11		Department has the power to provide facilities for overnight
12		tent and trailer camp sites and to provide suitable housing
13		facilities for student and juvenile overnight camping groups.
14		The Department of Natural Resources may regulate, by
15		administrative order, the fees to be charged for tent and
16		trailer camping units at individual park areas based upon the
17		facilities available. However, for campsites with access to
18		showers or electricity, any Illinois resident who is age 62 or
19		older or has a Class 2 disability as defined in Section 4A of
20		the Illinois Identification Card Act shall be charged only
21		one-half of the camping fee charged to the general public
22		during the period Monday through Thursday of any week and shall
23		be charged the same camping fee as the general public on all
24		other days. For campsites without access to showers or

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1		electricity, no camping fee authorized by this Section shall be
2		charged to any resident of Illinois who has a Class 2
3		disability as defined in Section 4A of the Illinois
4		Identification Card Act. For campsites without access to
5		showers or electricity, no camping fee authorized by this
6		Section shall be charged to any resident of Illinois who is age
7		62 or older for the use of a camp site unit during the period
8		Monday through Thursday of any week. No camping fee authorized
9		by this Section shall be charged to any resident of Illinois
10		who is a veteran with a disability disabled veteran or a former
11		prisoner of war, as defined in Section 5 of the Department of
12		Veterans Affairs Act. No camping fee authorized by this Section
13		shall be charged to any resident of Illinois after returning
14		from service abroad or mobilization by the President of the
15		United States as an active duty member of the United States
16		Armed Forces, the Illinois National Guard, or the Reserves of
17		the United States Armed Forces for the amount of time that the
18		active duty member spent in service abroad or mobilized if the
19		person (i) applies for a pass at the Department office in
20		Springfield within 2 years after returning and provides
21		acceptable verification of service or mobilization to the
22		Department or (ii) applies for a pass at a Regional Office of
23		the Department within 2 years after returning and provides
24		acceptable verification of service or mobilization to the
25		Department; any portion of a year that the active duty member
26		spent in service abroad or mobilized shall count as a full

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1		year. Nonresidents shall be charged the same fees as are
2		authorized for the general public regardless of age. The
3		Department shall provide by regulation for suitable proof of
4		age, or either a valid driver's license or a "Golden Age
5		Passport" issued by the federal government shall be acceptable
6		as proof of age. The Department shall further provide by
7		regulation that notice of these reduced admission fees be
8		posted in a conspicuous place and manner.
9		Reduced fees authorized in this Section shall not apply to
10		any charge for utility service.
11		For the purposes of this Section, "acceptable verification
12		of service or mobilization" means official documentation from
13		the Department of Defense or the appropriate Major Command
14		showing mobilization dates or service abroad dates, including:
15		(i) a DD-214, (ii) a letter from the Illinois Department of
16		Military Affairs for members of the Illinois National Guard,
17		(iii) a letter from the Regional Reserve Command for members of
18		the Armed Forces Reserve, (iv) a letter from the Major Command
19		covering Illinois for active duty members, (v) personnel
20		records for mobilized State employees, and (vi) any other
21		documentation that the Department, by administrative rule,
22		deems acceptable to establish dates of mobilization or service
23		abroad.
24		For the purposes of this Section, the term "service abroad"
25		means active duty service outside of the 50 United States and
26		the District of Columbia, and includes all active duty service

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1		in territories and possessions of the United States.
2		(Source: P.A. 96-1014, eff. 1-1-11.)
3		Section 150. The State Parks Act is amended by changing
4		Section 4a as follows:
5		(20 ILCS 835/4a) (from Ch. 105, par. 468.1)
6		Sec. 4a. It shall be the duty of the Governor and the
7		Director of the Department in charge of the administration of
8		this Act to cancel immediately the lease on any concession when
9		the person holding the concession or an employee thereof
10		discriminates on the basis of race, color, creed, sex,
11		religion, physical or mental disability handicap, or national
12		origin against any patron thereof.
13		(Source: P.A. 80-344.)
14		Section 155. The Recreational Trails of Illinois Act is
15		amended by changing Section 34 as follows:
16		(20 ILCS 862/34)
17		Sec. 34. Exception from display of Off-Highway Vehicle
18		Usage Stamps. The operator of an off-highway vehicle shall not
19		be required to display an Off-Highway Vehicle Usage Stamp if
20		the off-highway vehicle is:
21		(1) owned and used by the United States, the State of
22		Illinois, another state, or a political subdivision

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1		thereof, but these off-highway vehicles shall prominently
2		display the name of the owner on the off-highway vehicle;
3		(2) operated on lands where the operator, his or her
4		immediate family, or both are the sole owners of the land;
5		this exception shall not apply to clubs, associations, or
6		lands leased for hunting or recreational purposes;
7		(3) used only on local, national, or international
8		competition circuits in events for which written
9		permission has been obtained by the sponsoring or
10		sanctioning body from the governmental unit having
11		jurisdiction over the location of any event held in this
12		State;
13		(4) (blank);
14		(5) used on an off-highway vehicle grant assisted site
15		and the off-highway vehicle displays a Off-Highway Vehicle
16		Access decal;
17		(6) used in conjunction with a bona fide commercial
18		business, including, but not limited to, agricultural and
19		livestock production;
20		(7) a golf cart, regardless of whether the golf cart is
21		currently being used for golfing purposes;
22		(8) displaying a valid motor vehicle registration
23		issued by the Secretary of State or any other state;
24		(9) operated by an individual who either possesses an
25		Illinois Identification Card issued to the operator by the
26		Secretary of State that lists a Class P2 (or P2O or any

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1		successor classification) or P2A disability or an original
2		or photocopy of a valid motor vehicle disability placard
3		issued to the operator by the Secretary of State, or is
4		assisting a person with a disability who has disabled
5		person with a Class P2 (or P2O or any successor
6		classification) or P2A disability while using the same
7		off-highway vehicle as the individual with a disability
8		disabled individual; or
9		(10) used only at commercial riding parks.
10		For the purposes of this Section, "golf cart" means a
11		machine specifically designed for the purposes of transporting
12		one or more persons and their golf clubs.
13		For the purposes of this Section, "local, national, or
14		international competition circuit" means any competition
15		circuit sponsored or sanctioned by an international, national,
16		or state organization, including, but not limited to, the
17		American Motorcyclist Association, or sponsored, sanctioned,
18		or both by an affiliate organization of an international,
19		national, or state organization which sanctions competitions,
20		including trials or practices leading up to or in connection
21		with those competitions.
22		For the purposes of this Section, "commercial riding parks"
23		mean commercial properties used for the recreational operation
24		of off-highway vehicles by the paying members of the park or
25		paying guests.
26		(Source: P.A. 97-1136, eff. 1-1-13; 98-820, eff. 8-1-14.)

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1		Section 160. The Department of Employment Security Law of
2		the Civil Administrative Code of Illinois is amended by
3		changing Section 1005-155 as follows:
4		(20 ILCS 1005/1005-155)
5		Sec. 1005-155. Illinois Employment and Training Centers
6		report. The Department of Employment Security, or the State
7		agency responsible for the oversight of the federal Workforce
8		Investment Act of 1998 if that agency is not the Department of
9		Employment Security, shall prepare a report for the Governor
10		and the General Assembly regarding the progress of the Illinois
11		Employment and Training Centers in serving individuals with
12		disabilities. The report must include, but is not limited to,
13		the following: (i) the number of individuals referred to the
14		Illinois Employment and Training Centers by the Department of
15		Human Services Office of Rehabilitation Services; (ii) the
16		total number of individuals with disabilities disabled
17		individuals served by the Illinois Employment and Training
18		Centers; (iii) the number of individuals with disabilities
19		disabled individuals served in federal Workforce Investment
20		Act of 1998 employment and training programs; (iv) the number
21		of individuals with disabilities annually placed in jobs by the
22		Illinois Employment and Training Centers; and (v) the number of
23		individuals with disabilities referred by the Illinois
24		Employment and Training Centers to the Department of Human

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1		Services Office of Rehabilitation Services. The report is due
2		by December 31, 2004 based on the previous State program year
3		of July 1 through June 30, and is due annually thereafter.
4		"Individuals with disabilities" are defined as those who
5		self-report as being qualified as disabled under the 1973
6		Rehabilitation Act or the 1990 Americans with Disabilities Act,
7		for the purposes of this Law.
8		(Source: P.A. 93-639, eff. 6-1-04.)
9		Section 165. The Department of Human Services Act is
10		amended by changing Sections 1-17 and 10-40 as follows:
11		(20 ILCS 1305/1-17)
12		Sec. 1-17. Inspector General.
13		(a) Nature and purpose. It is the express intent of the
14		General Assembly to ensure the health, safety, and financial
15		condition of individuals receiving services in this State due
16		to mental illness, developmental disability, or both by
17		protecting those persons from acts of abuse, neglect, or both
18		by service providers. To that end, the Office of the Inspector
19		General for the Department of Human Services is created to
20		investigate and report upon allegations of the abuse, neglect,
21		or financial exploitation of individuals receiving services
22		within mental health facilities, developmental disabilities
23		facilities, and community agencies operated, licensed, funded
24		or certified by the Department of Human Services, but not

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1		licensed or certified by any other State agency.
2		(b) Definitions. The following definitions apply to this
3		Section:
4		"Adult student with a disability" means an adult student,
5		age 18 through 21, inclusive, with an Individual Education
6		Program, other than a resident of a facility licensed by the
7		Department of Children and Family Services in accordance with
8		the Child Care Act of 1969. For purposes of this definition,
9		"through age 21, inclusive", means through the day before the
10		student's 22nd birthday.
11		"Agency" or "community agency" means (i) a community agency
12		licensed, funded, or certified by the Department, but not
13		licensed or certified by any other human services agency of the
14		State, to provide mental health service or developmental
15		disabilities service, or (ii) a program licensed, funded, or
16		certified by the Department, but not licensed or certified by
17		any other human services agency of the State, to provide mental
18		health service or developmental disabilities service.
19		"Aggravating circumstance" means a factor that is
20		attendant to a finding and that tends to compound or increase
21		the culpability of the accused.
22		"Allegation" means an assertion, complaint, suspicion, or
23		incident involving any of the following conduct by an employee,
24		facility, or agency against an individual or individuals:
25		mental abuse, physical abuse, sexual abuse, neglect, or
26		financial exploitation.

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1		"Day" means working day, unless otherwise specified.
2		"Deflection" means a situation in which an individual is
3		presented for admission to a facility or agency, and the
4		facility staff or agency staff do not admit the individual.
5		"Deflection" includes triage, redirection, and denial of
6		admission.
7		"Department" means the Department of Human Services.
8		"Developmentally disabled" means having a developmental
9		disability.
10		"Developmental disability" means "developmental
11		disability" as defined in the Mental Health and Developmental
12		Disabilities Code.
13		"Egregious neglect" means a finding of neglect as
14		determined by the Inspector General that (i) represents a gross
15		failure to adequately provide for, or a callused indifference
16		to, the health, safety, or medical needs of an individual and
17		(ii) results in an individual's death or other serious
18		deterioration of an individual's physical condition or mental
19		condition.
20		"Employee" means any person who provides services at the
21		facility or agency on-site or off-site. The service
22		relationship can be with the individual or with the facility or
23		agency. Also, "employee" includes any employee or contractual
24		agent of the Department of Human Services or the community
25		agency involved in providing or monitoring or administering
26		mental health or developmental disability services. This

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1		includes but is not limited to: owners, operators, payroll
2		personnel, contractors, subcontractors, and volunteers.
3		"Facility" or "State-operated facility" means a mental
4		health facility or developmental disabilities facility
5		operated by the Department.
6		"Financial exploitation" means taking unjust advantage of
7		an individual's assets, property, or financial resources
8		through deception, intimidation, or conversion for the
9		employee's, facility's, or agency's own advantage or benefit.
10		"Finding" means the Office of Inspector General's
11		determination regarding whether an allegation is
12		substantiated, unsubstantiated, or unfounded.
13		"Health care worker registry" or "registry" means the
14		health care worker registry created by the Nursing Home Care
15		Act.
16		"Individual" means any person receiving mental health
17		service, developmental disabilities service, or both from a
18		facility or agency, while either on-site or off-site.
19		"Mental abuse" means the use of demeaning, intimidating, or
20		threatening words, signs, gestures, or other actions by an
21		employee about an individual and in the presence of an
22		individual or individuals that results in emotional distress or
23		maladaptive behavior, or could have resulted in emotional
24		distress or maladaptive behavior, for any individual present.
25		"Mental illness" means "mental illness" as defined in the
26		Mental Health and Developmental Disabilities Code.

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1		"Mentally ill" means having a mental illness.
2		"Mitigating circumstance" means a condition that (i) is
3		attendant to a finding, (ii) does not excuse or justify the
4		conduct in question, but (iii) may be considered in evaluating
5		the severity of the conduct, the culpability of the accused, or
6		both the severity of the conduct and the culpability of the
7		accused.
8		"Neglect" means an employee's, agency's, or facility's
9		failure to provide adequate medical care, personal care, or
10		maintenance and that, as a consequence, (i) causes an
11		individual pain, injury, or emotional distress, (ii) results in
12		either an individual's maladaptive behavior or the
13		deterioration of an individual's physical condition or mental
14		condition, or (iii) places the individual's health or safety at
15		substantial risk.
16		"Person with a developmental disability" means a person
17		having a developmental disability.
18		"Physical abuse" means an employee's non-accidental and
19		inappropriate contact with an individual that causes bodily
20		harm. "Physical abuse" includes actions that cause bodily harm
21		as a result of an employee directing an individual or person to
22		physically abuse another individual.
23		"Recommendation" means an admonition, separate from a
24		finding, that requires action by the facility, agency, or
25		Department to correct a systemic issue, problem, or deficiency
26		identified during an investigation.

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1		"Required reporter" means any employee who suspects,
2		witnesses, or is informed of an allegation of any one or more
3		of the following: mental abuse, physical abuse, sexual abuse,
4		neglect, or financial exploitation.
5		"Secretary" means the Chief Administrative Officer of the
6		Department.
7		"Sexual abuse" means any sexual contact or intimate
8		physical contact between an employee and an individual,
9		including an employee's coercion or encouragement of an
10		individual to engage in sexual behavior that results in sexual
11		contact, intimate physical contact, sexual behavior, or
12		intimate physical behavior.
13		"Substantiated" means there is a preponderance of the
14		evidence to support the allegation.
15		"Unfounded" means there is no credible evidence to support
16		the allegation.
17		"Unsubstantiated" means there is credible evidence, but
18		less than a preponderance of evidence to support the
19		allegation.
20		(c) Appointment. The Governor shall appoint, and the Senate
21		shall confirm, an Inspector General. The Inspector General
22		shall be appointed for a term of 4 years and shall function
23		within the Department of Human Services and report to the
24		Secretary and the Governor.
25		(d) Operation and appropriation. The Inspector General
26		shall function independently within the Department with

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1		respect to the operations of the Office, including the
2		performance of investigations and issuance of findings and
3		recommendations. The appropriation for the Office of Inspector
4		General shall be separate from the overall appropriation for
5		the Department.
6		(e) Powers and duties. The Inspector General shall
7		investigate reports of suspected mental abuse, physical abuse,
8		sexual abuse, neglect, or financial exploitation of
9		individuals in any mental health or developmental disabilities
10		facility or agency and shall have authority to take immediate
11		action to prevent any one or more of the following from
12		happening to individuals under its jurisdiction: mental abuse,
13		physical abuse, sexual abuse, neglect, or financial
14		exploitation. Upon written request of an agency of this State,
15		the Inspector General may assist another agency of the State in
16		investigating reports of the abuse, neglect, or abuse and
17		neglect of persons with mental illness, persons with
18		developmental disabilities, or persons with both. To comply
19		with the requirements of subsection (k) of this Section, the
20		Inspector General shall also review all reportable deaths for
21		which there is no allegation of abuse or neglect. Nothing in
22		this Section shall preempt any duties of the Medical Review
23		Board set forth in the Mental Health and Developmental
24		Disabilities Code. The Inspector General shall have no
25		authority to investigate alleged violations of the State
26		Officials and Employees Ethics Act. Allegations of misconduct

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1		under the State Officials and Employees Ethics Act shall be
2		referred to the Office of the Governor's Executive Inspector
3		General for investigation.
4		(f) Limitations. The Inspector General shall not conduct an
5		investigation within an agency or facility if that
6		investigation would be redundant to or interfere with an
7		investigation conducted by another State agency. The Inspector
8		General shall have no supervision over, or involvement in, the
9		routine programmatic, licensing, funding, or certification
10		operations of the Department. Nothing in this subsection limits
11		investigations by the Department that may otherwise be required
12		by law or that may be necessary in the Department's capacity as
13		central administrative authority responsible for the operation
14		of the State's mental health and developmental disabilities
15		facilities.
16		(g) Rulemaking authority. The Inspector General shall
17		promulgate rules establishing minimum requirements for
18		reporting allegations as well as for initiating, conducting,
19		and completing investigations based upon the nature of the
20		allegation or allegations. The rules shall clearly establish
21		that if 2 or more State agencies could investigate an
22		allegation, the Inspector General shall not conduct an
23		investigation that would be redundant to, or interfere with, an
24		investigation conducted by another State agency. The rules
25		shall further clarify the method and circumstances under which
26		the Office of Inspector General may interact with the

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1		licensing, funding, or certification units of the Department in
2		preventing further occurrences of mental abuse, physical
3		abuse, sexual abuse, neglect, egregious neglect, and financial
4		exploitation.
5		(h) Training programs. The Inspector General shall (i)
6		establish a comprehensive program to ensure that every person
7		authorized to conduct investigations receives ongoing training
8		relative to investigation techniques, communication skills,
9		and the appropriate means of interacting with persons receiving
10		treatment for mental illness, developmental disability, or
11		both mental illness and developmental disability, and (ii)
12		establish and conduct periodic training programs for facility
13		and agency employees concerning the prevention and reporting of
14		any one or more of the following: mental abuse, physical abuse,
15		sexual abuse, neglect, egregious neglect, or financial
16		exploitation. Nothing in this Section shall be deemed to
17		prevent the Office of Inspector General from conducting any
18		other training as determined by the Inspector General to be
19		necessary or helpful.
20		(i) Duty to cooperate.
21		(1) The Inspector General shall at all times be granted
22		access to any facility or agency for the purpose of
23		investigating any allegation, conducting unannounced site
24		visits, monitoring compliance with a written response, or
25		completing any other statutorily assigned duty. The
26		Inspector General shall conduct unannounced site visits to

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1		each facility at least annually for the purpose of
2		reviewing and making recommendations on systemic issues
3		relative to preventing, reporting, investigating, and
4		responding to all of the following: mental abuse, physical
5		abuse, sexual abuse, neglect, egregious neglect, or
6		financial exploitation.
7		(2) Any employee who fails to cooperate with an Office
8		of the Inspector General investigation is in violation of
9		this Act. Failure to cooperate with an investigation
10		includes, but is not limited to, any one or more of the
11		following: (i) creating and transmitting a false report to
12		the Office of the Inspector General hotline, (ii) providing
13		false information to an Office of the Inspector General
14		Investigator during an investigation, (iii) colluding with
15		other employees to cover up evidence, (iv) colluding with
16		other employees to provide false information to an Office
17		of the Inspector General investigator, (v) destroying
18		evidence, (vi) withholding evidence, or (vii) otherwise
19		obstructing an Office of the Inspector General
20		investigation. Additionally, any employee who, during an
21		unannounced site visit or written response compliance
22		check, fails to cooperate with requests from the Office of
23		the Inspector General is in violation of this Act.
24		(j) Subpoena powers. The Inspector General shall have the
25		power to subpoena witnesses and compel the production of all
26		documents and physical evidence relating to his or her

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1		investigations and any hearings authorized by this Act. This
2		subpoena power shall not extend to persons or documents of a
3		labor organization or its representatives insofar as the
4		persons are acting in a representative capacity to an employee
5		whose conduct is the subject of an investigation or the
6		documents relate to that representation. Any person who
7		otherwise fails to respond to a subpoena or who knowingly
8		provides false information to the Office of the Inspector
9		General by subpoena during an investigation is guilty of a
10		Class A misdemeanor.
11		(k) Reporting allegations and deaths.
12		(1) Allegations. If an employee witnesses, is told of,
13		or has reason to believe an incident of mental abuse,
14		physical abuse, sexual abuse, neglect, or financial
15		exploitation has occurred, the employee, agency, or
16		facility shall report the allegation by phone to the Office
17		of the Inspector General hotline according to the agency's
18		or facility's procedures, but in no event later than 4
19		hours after the initial discovery of the incident,
20		allegation, or suspicion of any one or more of the
21		following: mental abuse, physical abuse, sexual abuse,
22		neglect, or financial exploitation. A required reporter as
23		defined in subsection (b) of this Section who knowingly or
24		intentionally fails to comply with these reporting
25		requirements is guilty of a Class A misdemeanor.
26		(2) Deaths. Absent an allegation, a required reporter

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1		shall, within 24 hours after initial discovery, report by
2		phone to the Office of the Inspector General hotline each
3		of the following:
4		(i) Any death of an individual occurring within 14
5		calendar days after discharge or transfer of the
6		individual from a residential program or facility.
7		(ii) Any death of an individual occurring within 24
8		hours after deflection from a residential program or
9		facility.
10		(iii) Any other death of an individual occurring at
11		an agency or facility or at any Department-funded site.
12		(3) Retaliation. It is a violation of this Act for any
13		employee or administrator of an agency or facility to take
14		retaliatory action against an employee who acts in good
15		faith in conformance with his or her duties as a required
16		reporter.
17		(l) Reporting to law enforcement.
18		(1) Reporting criminal acts. Within 24 hours after
19		determining that there is credible evidence indicating
20		that a criminal act may have been committed or that special
21		expertise may be required in an investigation, the
22		Inspector General shall notify the Department of State
23		Police or other appropriate law enforcement authority, or
24		ensure that such notification is made. The Department of
25		State Police shall investigate any report from a
26		State-operated facility indicating a possible murder,

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1		sexual assault, or other felony by an employee. All
2		investigations conducted by the Inspector General shall be
3		conducted in a manner designed to ensure the preservation
4		of evidence for possible use in a criminal prosecution.
5		(2) Reporting allegations of adult students with
6		disabilities. Upon receipt of a reportable allegation
7		regarding an adult student with a disability, the
8		Department's Office of the Inspector General shall
9		determine whether the allegation meets the criteria for the
10		Domestic Abuse Program under the Abuse of Adults with
11		Disabilities Intervention Act. If the allegation is
12		reportable to that program, the Office of the Inspector
13		General shall initiate an investigation. If the allegation
14		is not reportable to the Domestic Abuse Program, the Office
15		of the Inspector General shall make an expeditious referral
16		to the respective law enforcement entity. If the alleged
17		victim is already receiving services from the Department,
18		the Office of the Inspector General shall also make a
19		referral to the respective Department of Human Services'
20		Division or Bureau.
21		(m) Investigative reports. Upon completion of an
22		investigation, the Office of Inspector General shall issue an
23		investigative report identifying whether the allegations are
24		substantiated, unsubstantiated, or unfounded. Within 10
25		business days after the transmittal of a completed
26		investigative report substantiating an allegation, or if a

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1		recommendation is made, the Inspector General shall provide the
2		investigative report on the case to the Secretary and to the
3		director of the facility or agency where any one or more of the
4		following occurred: mental abuse, physical abuse, sexual
5		abuse, neglect, egregious neglect, or financial exploitation.
6		In a substantiated case, the investigative report shall include
7		any mitigating or aggravating circumstances that were
8		identified during the investigation. If the case involves
9		substantiated neglect, the investigative report shall also
10		state whether egregious neglect was found. An investigative
11		report may also set forth recommendations. All investigative
12		reports prepared by the Office of the Inspector General shall
13		be considered confidential and shall not be released except as
14		provided by the law of this State or as required under
15		applicable federal law. Unsubstantiated and unfounded reports
16		shall not be disclosed except as allowed under Section 6 of the
17		Abused and Neglected Long Term Care Facility Residents
18		Reporting Act. Raw data used to compile the investigative
19		report shall not be subject to release unless required by law
20		or a court order. "Raw data used to compile the investigative
21		report" includes, but is not limited to, any one or more of the
22		following: the initial complaint, witness statements,
23		photographs, investigator's notes, police reports, or incident
24		reports. If the allegations are substantiated, the accused
25		shall be provided with a redacted copy of the investigative
26		report. Death reports where there was no allegation of abuse or

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1		neglect shall only be released pursuant to applicable State or
2		federal law or a valid court order.
3		(n) Written responses and reconsideration requests.
4		(1) Written responses. Within 30 calendar days from
5		receipt of a substantiated investigative report or an
6		investigative report which contains recommendations,
7		absent a reconsideration request, the facility or agency
8		shall file a written response that addresses, in a concise
9		and reasoned manner, the actions taken to: (i) protect the
10		individual; (ii) prevent recurrences; and (iii) eliminate
11		the problems identified. The response shall include the
12		implementation and completion dates of such actions. If the
13		written response is not filed within the allotted 30
14		calendar day period, the Secretary shall determine the
15		appropriate corrective action to be taken.
16		(2) Reconsideration requests. The facility, agency,
17		victim or guardian, or the subject employee may request
18		that the Office of Inspector General reconsider or clarify
19		its finding based upon additional information.
20		(o) Disclosure of the finding by the Inspector General. The
21		Inspector General shall disclose the finding of an
22		investigation to the following persons: (i) the Governor, (ii)
23		the Secretary, (iii) the director of the facility or agency,
24		(iv) the alleged victims and their guardians, (v) the
25		complainant, and (vi) the accused. This information shall
26		include whether the allegations were deemed substantiated,

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1		unsubstantiated, or unfounded.
2		(p) Secretary review. Upon review of the Inspector
3		General's investigative report and any agency's or facility's
4		written response, the Secretary shall accept or reject the
5		written response and notify the Inspector General of that
6		determination. The Secretary may further direct that other
7		administrative action be taken, including, but not limited to,
8		any one or more of the following: (i) additional site visits,
9		(ii) training, (iii) provision of technical assistance
10		relative to administrative needs, licensure or certification,
11		or (iv) the imposition of appropriate sanctions.
12		(q) Action by facility or agency. Within 30 days of the
13		date the Secretary approves the written response or directs
14		that further administrative action be taken, the facility or
15		agency shall provide an implementation report to the Inspector
16		General that provides the status of the action taken. The
17		facility or agency shall be allowed an additional 30 days to
18		send notice of completion of the action or to send an updated
19		implementation report. If the action has not been completed
20		within the additional 30 day period, the facility or agency
21		shall send updated implementation reports every 60 days until
22		completion. The Inspector General shall conduct a review of any
23		implementation plan that takes more than 120 days after
24		approval to complete, and shall monitor compliance through a
25		random review of approved written responses, which may include,
26		but are not limited to: (i) site visits, (ii) telephone

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1		contact, and (iii) requests for additional documentation
2		evidencing compliance.
3		(r) Sanctions. Sanctions, if imposed by the Secretary under
4		Subdivision (p)(iv) of this Section, shall be designed to
5		prevent further acts of mental abuse, physical abuse, sexual
6		abuse, neglect, egregious neglect, or financial exploitation
7		or some combination of one or more of those acts at a facility
8		or agency, and may include any one or more of the following:
9		(1) Appointment of on-site monitors.
10		(2) Transfer or relocation of an individual or
11		individuals.
12		(3) Closure of units.
13		(4) Termination of any one or more of the following:
14		(i) Department licensing, (ii) funding, or (iii)
15		certification.
16		The Inspector General may seek the assistance of the
17		Illinois Attorney General or the office of any State's Attorney
18		in implementing sanctions.
19		(s) Health care worker registry.
20		(1) Reporting to the registry. The Inspector General
21		shall report to the Department of Public Health's health
22		care worker registry, a public registry, the identity and
23		finding of each employee of a facility or agency against
24		whom there is a final investigative report containing a
25		substantiated allegation of physical or sexual abuse,
26		financial exploitation, or egregious neglect of an

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1		individual.
2		(2) Notice to employee. Prior to reporting the name of
3		an employee, the employee shall be notified of the
4		Department's obligation to report and shall be granted an
5		opportunity to request an administrative hearing, the sole
6		purpose of which is to determine if the substantiated
7		finding warrants reporting to the registry. Notice to the
8		employee shall contain a clear and concise statement of the
9		grounds on which the report to the registry is based, offer
10		the employee an opportunity for a hearing, and identify the
11		process for requesting such a hearing. Notice is sufficient
12		if provided by certified mail to the employee's last known
13		address. If the employee fails to request a hearing within
14		30 days from the date of the notice, the Inspector General
15		shall report the name of the employee to the registry.
16		Nothing in this subdivision (s)(2) shall diminish or impair
17		the rights of a person who is a member of a collective
18		bargaining unit under the Illinois Public Labor Relations
19		Act or under any other federal labor statute.
20		(3) Registry hearings. If the employee requests an
21		administrative hearing, the employee shall be granted an
22		opportunity to appear before an administrative law judge to
23		present reasons why the employee's name should not be
24		reported to the registry. The Department shall bear the
25		burden of presenting evidence that establishes, by a
26		preponderance of the evidence, that the substantiated

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1		finding warrants reporting to the registry. After
2		considering all the evidence presented, the administrative
3		law judge shall make a recommendation to the Secretary as
4		to whether the substantiated finding warrants reporting
5		the name of the employee to the registry. The Secretary
6		shall render the final decision. The Department and the
7		employee shall have the right to request that the
8		administrative law judge consider a stipulated disposition
9		of these proceedings.
10		(4) Testimony at registry hearings. A person who makes
11		a report or who investigates a report under this Act shall
12		testify fully in any judicial proceeding resulting from
13		such a report, as to any evidence of abuse or neglect, or
14		the cause thereof. No evidence shall be excluded by reason
15		of any common law or statutory privilege relating to
16		communications between the alleged perpetrator of abuse or
17		neglect, or the individual alleged as the victim in the
18		report, and the person making or investigating the report.
19		Testimony at hearings is exempt from the confidentiality
20		requirements of subsection (f) of Section 10 of the Mental
21		Health and Developmental Disabilities Confidentiality Act.
22		(5) Employee's rights to collateral action. No
23		reporting to the registry shall occur and no hearing shall
24		be set or proceed if an employee notifies the Inspector
25		General in writing, including any supporting
26		documentation, that he or she is formally contesting an

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1		adverse employment action resulting from a substantiated
2		finding by complaint filed with the Illinois Civil Service
3		Commission, or which otherwise seeks to enforce the
4		employee's rights pursuant to any applicable collective
5		bargaining agreement. If an action taken by an employer
6		against an employee as a result of a finding of physical
7		abuse, sexual abuse, or egregious neglect is overturned
8		through an action filed with the Illinois Civil Service
9		Commission or under any applicable collective bargaining
10		agreement and if that employee's name has already been sent
11		to the registry, the employee's name shall be removed from
12		the registry.
13		(6) Removal from registry. At any time after the report
14		to the registry, but no more than once in any 12-month
15		period, an employee may petition the Department in writing
16		to remove his or her name from the registry. Upon receiving
17		notice of such request, the Inspector General shall conduct
18		an investigation into the petition. Upon receipt of such
19		request, an administrative hearing will be set by the
20		Department. At the hearing, the employee shall bear the
21		burden of presenting evidence that establishes, by a
22		preponderance of the evidence, that removal of the name
23		from the registry is in the public interest. The parties
24		may jointly request that the administrative law judge
25		consider a stipulated disposition of these proceedings.
26		(t) Review of Administrative Decisions. The Department

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1		shall preserve a record of all proceedings at any formal
2		hearing conducted by the Department involving health care
3		worker registry hearings. Final administrative decisions of
4		the Department are subject to judicial review pursuant to
5		provisions of the Administrative Review Law.
6		(u) Quality Care Board. There is created, within the Office
7		of the Inspector General, a Quality Care Board to be composed
8		of 7 members appointed by the Governor with the advice and
9		consent of the Senate. One of the members shall be designated
10		as chairman by the Governor. Of the initial appointments made
11		by the Governor, 4 Board members shall each be appointed for a
12		term of 4 years and 3 members shall each be appointed for a
13		term of 2 years. Upon the expiration of each member's term, a
14		successor shall be appointed for a term of 4 years. In the case
15		of a vacancy in the office of any member, the Governor shall
16		appoint a successor for the remainder of the unexpired term.
17		Members appointed by the Governor shall be qualified by
18		professional knowledge or experience in the area of law,
19		investigatory techniques, or in the area of care of the
20		mentally ill or care of persons with developmental disabilities
21		developmentally disabled. Two members appointed by the
22		Governor shall be persons with a disability or a parent of a
23		person with a disability. Members shall serve without
24		compensation, but shall be reimbursed for expenses incurred in
25		connection with the performance of their duties as members.
26		The Board shall meet quarterly, and may hold other meetings

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1		on the call of the chairman. Four members shall constitute a
2		quorum allowing the Board to conduct its business. The Board
3		may adopt rules and regulations it deems necessary to govern
4		its own procedures.
5		The Board shall monitor and oversee the operations,
6		policies, and procedures of the Inspector General to ensure the
7		prompt and thorough investigation of allegations of neglect and
8		abuse. In fulfilling these responsibilities, the Board may do
9		the following:
10		(1) Provide independent, expert consultation to the
11		Inspector General on policies and protocols for
12		investigations of alleged abuse, neglect, or both abuse and
13		neglect.
14		(2) Review existing regulations relating to the
15		operation of facilities.
16		(3) Advise the Inspector General as to the content of
17		training activities authorized under this Section.
18		(4) Recommend policies concerning methods for
19		improving the intergovernmental relationships between the
20		Office of the Inspector General and other State or federal
21		offices.
22		(v) Annual report. The Inspector General shall provide to
23		the General Assembly and the Governor, no later than January 1
24		of each year, a summary of reports and investigations made
25		under this Act for the prior fiscal year with respect to
26		individuals receiving mental health or developmental

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1		disabilities services. The report shall detail the imposition
2		of sanctions, if any, and the final disposition of any
3		corrective or administrative action directed by the Secretary.
4		The summaries shall not contain any confidential or identifying
5		information of any individual, but shall include objective data
6		identifying any trends in the number of reported allegations,
7		the timeliness of the Office of the Inspector General's
8		investigations, and their disposition, for each facility and
9		Department-wide, for the most recent 3-year time period. The
10		report shall also identify, by facility, the staff-to-patient
11		ratios taking account of direct care staff only. The report
12		shall also include detailed recommended administrative actions
13		and matters for consideration by the General Assembly.
14		(w) Program audit. The Auditor General shall conduct a
15		program audit of the Office of the Inspector General on an
16		as-needed basis, as determined by the Auditor General. The
17		audit shall specifically include the Inspector General's
18		compliance with the Act and effectiveness in investigating
19		reports of allegations occurring in any facility or agency. The
20		Auditor General shall conduct the program audit according to
21		the provisions of the Illinois State Auditing Act and shall
22		report its findings to the General Assembly no later than
23		January 1 following the audit period.
24		(x) Nothing in this Section shall be construed to mean that
25		a patient is a victim of abuse or neglect because of health
26		care services appropriately provided or not provided by health

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1		care professionals.
2		(y) Nothing in this Section shall require a facility,
3		including its employees, agents, medical staff members, and
4		health care professionals, to provide a service to a patient in
5		contravention of that patient's stated or implied objection to
6		the provision of that service on the ground that that service
7		conflicts with the patient's religious beliefs or practices,
8		nor shall the failure to provide a service to a patient be
9		considered abuse under this Section if the patient has objected
10		to the provision of that service based on his or her religious
11		beliefs or practices.
12		(Source: P.A. 98-49, eff. 7-1-13; 98-711, eff. 7-16-14.)
13		(20 ILCS 1305/10-40)
14		Sec. 10-40. Recreational programs; persons with
15		disabilities handicapped; grants. The Department of Human
16		Services, subject to appropriation, may make grants to special
17		recreation associations for the operation of recreational
18		programs for persons with disabilities the handicapped,
19		including both persons with physical disabilities and persons
20		with mental disabilities physically and mentally handicapped,
21		and transportation to and from those programs. The grants
22		should target unserved or underserved populations, such as
23		persons with brain injuries, persons who are medically fragile,
24		and adults who have acquired disabling conditions. The
25		Department must adopt rules to implement the grant program.

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1		(Source: P.A. 95-331, eff. 8-21-07.)
2		Section 170. The Illinois Guaranteed Job Opportunity Act is
3		amended by changing Section 50 as follows:
4		(20 ILCS 1510/50)
5		Sec. 50. Nondiscrimination.
6		(a) General rule.
7		(1) Discrimination on the basis of age, on the basis of
8		physical or mental disability handicap, on the basis of
9		sex, or on the basis of race, color, or national origin is
10		prohibited.
11		(2) No individual shall be excluded from participation
12		in, denied the benefits of, subjected to discrimination
13		under, or denied employment in the administration of or in
14		connection with any project because of race, color,
15		religion, sex, national origin, age, physical or mental
16		disability handicap, or political affiliation or belief.
17		(3) (Blank).
18		(4) With respect to terms and conditions affecting, or
19		rights provided to, individuals who are participants in
20		activities supported by funds provided under this Act, the
21		individuals shall not be discriminated against solely
22		because of their status as the participants.
23		(b) (Blank).
24		(c) (Blank).

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1		(Source: P.A. 93-46, eff. 7-1-03.)
2		Section 175. The Mental Health and Developmental
3		Disabilities Administrative Act is amended by changing
4		Sections 2, 4, 7, 7.2, 11.2, 14, 15b, 15.4, 18.2, 21.2, 33.3,
5		43, 46, 54.5, and 66 as follows:
6		(20 ILCS 1705/2) (from Ch. 91 1/2, par. 100-2)
7		Sec. 2. Definitions; administrative subdivisions.
8		(a) For the purposes of this Act, unless the context
9		otherwise requires:
10		"Department" means the Department of Human Services,
11		successor to the former Department of Mental Health and
12		Developmental Disabilities.
13		"Secretary" means the Secretary of Human Services.
14		(b) Unless the context otherwise requires:
15		(1) References in this Act to the programs or
16		facilities of the Department shall be construed to refer
17		only to those programs or facilities of the Department that
18		pertain to mental health or developmental disabilities.
19		(2) References in this Act to the Department's service
20		providers or service recipients shall be construed to refer
21		only to providers or recipients of services that pertain to
22		the Department's mental health and developmental
23		disabilities functions.
24		(3) References in this Act to employees of the

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1		Department shall be construed to refer only to employees
2		whose duties pertain to the Department's mental health and
3		developmental disabilities functions.
4		(c) The Secretary shall establish such subdivisions of the
5		Department as shall be desirable and shall assign to the
6		various subdivisions the responsibilities and duties placed
7		upon the Department by the Laws of the State of Illinois.
8		(d) There is established a coordinator of services to deaf
9		and hearing impaired persons with mental disabilities mentally
10		disabled deaf and hearing impaired persons. In hiring this
11		coordinator, every consideration shall be given to qualified
12		deaf or hearing impaired individuals.
13		(e) Whenever the administrative director of the
14		subdivision for mental health services is not a board-certified
15		psychiatrist, the Secretary shall appoint a Chief for Clinical
16		Services who shall be a board-certified psychiatrist with both
17		clinical and administrative experience. The Chief for Clinical
18		Services shall be responsible for all clinical and medical
19		decisions for mental health services.
20		(Source: P.A. 91-536, eff. 1-1-00.)
21		(20 ILCS 1705/4) (from Ch. 91 1/2, par. 100-4)
22		Sec. 4. Supervision of facilities and services; quarterly
23		reports.
24		(a) To exercise executive and administrative supervision
25		over all facilities, divisions, programs and services now

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1		existing or hereafter acquired or created under the
2		jurisdiction of the Department, including, but not limited to,
3		the following:
4		The Alton Mental Health Center, at Alton
5		The Clyde L. Choate Mental Health and Developmental
6		Center, at Anna
7		The Chester Mental Health Center, at Chester
8		The Chicago-Read Mental Health Center, at Chicago
9		The Elgin Mental Health Center, at Elgin
10		The Metropolitan Children and Adolescents Center, at
11		Chicago
12		The Jacksonville Developmental Center, at Jacksonville
13		The Governor Samuel H. Shapiro Developmental Center,
14		at Kankakee
15		The Tinley Park Mental Health Center, at Tinley Park
16		The Warren G. Murray Developmental Center, at
17		Centralia
18		The Jack Mabley Developmental Center, at Dixon
19		The Lincoln Developmental Center, at Lincoln
20		The H. Douglas Singer Mental Health and Developmental
21		Center, at Rockford
22		The John J. Madden Mental Health Center, at Chicago
23		The George A. Zeller Mental Health Center, at Peoria
24		The Andrew McFarland Mental Health Center, at
25		Springfield
26		The Adolf Meyer Mental Health Center, at Decatur

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1		The William W. Fox Developmental Center, at Dwight
2		The Elisabeth Ludeman Developmental Center, at Park
3		Forest
4		The William A. Howe Developmental Center, at Tinley
5		Park
6		The Ann M. Kiley Developmental Center, at Waukegan.
7		(b) Beginning not later than July 1, 1977, the Department
8		shall cause each of the facilities under its jurisdiction which
9		provide in-patient care to comply with standards, rules and
10		regulations of the Department of Public Health prescribed under
11		Section 6.05 of the Hospital Licensing Act.
12		(b-5) The Department shall cause each of the facilities
13		under its jurisdiction that provide in-patient care to comply
14		with Section 6.25 of the Hospital Licensing Act.
15		(c) The Department shall issue quarterly reports on
16		admissions, deflections, discharges, bed closures,
17		staff-resident ratios, census, average length of stay, and any
18		adverse federal certification or accreditation findings, if
19		any, for each State-operated facility for the mentally ill and
20		for persons with developmental disabilities developmentally
21		disabled.
22		(Source: P.A. 96-389, eff. 1-1-10.)
23		(20 ILCS 1705/7) (from Ch. 91 1/2, par. 100-7)
24		Sec. 7. To receive and provide the highest possible quality
25		of humane and rehabilitative care and treatment to all persons

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1		admitted or committed or transferred in accordance with law to
2		the facilities, divisions, programs, and services under the
3		jurisdiction of the Department. No resident of another state
4		shall be received or retained to the exclusion of any resident
5		of this State. No resident of another state shall be received
6		or retained to the exclusion of any resident of this State. All
7		recipients of 17 years of age and under in residence in a
8		Department facility other than a facility for the care of
9		persons with intellectual disabilities the intellectually
10		disabled shall be housed in quarters separated from older
11		recipients except for: (a) recipients who are placed in
12		medical-surgical units because of physical illness; and (b)
13		recipients between 13 and 18 years of age who need temporary
14		security measures.
15		All recipients in a Department facility shall be given a
16		dental examination by a licensed dentist or registered dental
17		hygienist at least once every 18 months and shall be assigned
18		to a dentist for such dental care and treatment as is
19		necessary.
20		All medications administered to recipients shall be
21		administered only by those persons who are legally qualified to
22		do so by the laws of the State of Illinois. Medication shall
23		not be prescribed until a physical and mental examination of
24		the recipient has been completed. If, in the clinical judgment
25		of a physician, it is necessary to administer medication to a
26		recipient before the completion of the physical and mental

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1		examination, he may prescribe such medication but he must file
2		a report with the facility director setting forth the reasons
3		for prescribing such medication within 24 hours of the
4		prescription. A copy of the report shall be part of the
5		recipient's record.
6		No later than January 1, 2005, the Department shall adopt a
7		model protocol and forms for recording all patient diagnosis,
8		care, and treatment at each State-operated facility for the
9		mentally ill and for persons with developmental disabilities
10		developmentally disabled under the jurisdiction of the
11		Department. The model protocol and forms shall be used by each
12		facility unless the Department determines that equivalent
13		alternatives justify an exemption.
14		Every facility under the jurisdiction of the Department
15		shall maintain a copy of each report of suspected abuse or
16		neglect of the patient. Copies of those reports shall be made
17		available to the State Auditor General in connection with his
18		biennial program audit of the facility as required by Section
19		3-2 of the Illinois State Auditing Act.
20		No later than January 1 2004, the Department shall report
21		to the Governor and the General Assembly whether each
22		State-operated facility for the mentally ill and for persons
23		with developmental disabilities developmentally disabled under
24		the jurisdiction of the Department and all services provided in
25		those facilities comply with all of the applicable standards
26		adopted by the Social Security Administration under Subchapter

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1		XVIII (Medicare) of the Social Security Act (42 U.S.C.
2		1395-1395ccc), if the facility and services may be eligible for
3		federal financial participation under that federal law. For
4		those facilities that do comply, the report shall indicate what
5		actions need to be taken to ensure continued compliance. For
6		those facilities that do not comply, the report shall indicate
7		what actions need to be taken to bring each facility into
8		compliance.
9		(Source: P.A. 97-227, eff. 1-1-12.)
10		(20 ILCS 1705/7.2) (from Ch. 91 1/2, par. 100-7.2)
11		Sec. 7.2. No otherwise qualified child with a disability
12		handicapped child receiving special education and related
13		services under Article 14 of The School Code shall solely by
14		reason of his or her disability handicap be excluded from the
15		participation in or be denied the benefits of or be subjected
16		to discrimination under any program or activity provided by the
17		Department.
18		(Source: P.A. 80-1403.)
19		(20 ILCS 1705/11.2) (from Ch. 91 1/2, par. 100-11.2)
20		Sec. 11.2. To maintain and operate the Bureau for Mentally
21		Ill Children and Adolescents and the Bureau for Children and
22		Adolescents with Developmental Disabilities Developmentally
23		Disabled Children and Adolescents. Each Bureau shall:
24		(a) develop the Department policies necessary to assure a

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1		coherent services system for, and develop and coordinate
2		planning on a Statewide basis for delivery of services to,
3		children or adolescents with mental illness and children and
4		adolescents with a developmental disability, including:
5		(1) assessment of the need for various types of
6		programs, such as prevention, diagnosis, treatment and
7		rehabilitation, and
8		(2) design of a system to integrate additional
9		services, including service alternatives;
10		(b) provide consultation and technical assistance to the
11		appropriate Department subdivisions and coordinate service
12		planning and development efforts for children and adolescents
13		with a developmental disability and children or adolescents
14		with mental illness;
15		(c) develop cooperative programs with community service
16		providers and other State agencies which serve children;
17		(d) assist families in the placement of children with
18		mental illness, as specified in Section 7.1; and
19		(e) develop minimum standards for the operation of both
20		State-provided and contracted community-based services for
21		promulgation as rules.
22		(Source: P.A. 88-380.)
23		(20 ILCS 1705/14) (from Ch. 91 1/2, par. 100-14)
24		Sec. 14. Chester Mental Health Center. To maintain and
25		operate a facility for the care, custody, and treatment of

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

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

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

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

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1		Subject to the provisions of this Section, the Department,
2		except where otherwise provided by law, shall, with respect to
3		the management, conduct and control of the Chester Mental
4		Health Center and the discipline, custody and treatment of the
5		persons confined therein, have and exercise the same rights and
6		powers as are vested by law in the Department with respect to
7		any and all of the State facilities for treatment of persons
8		with mental illness or habilitation of persons with
9		developmental disabilities, and the recipients thereof, and
10		shall be subject to the same duties as are imposed by law upon
11		the Department with respect to such facilities and the
12		recipients thereof.
13		The Department may elect to place persons who have been
14		ordered by the court to be detained under the Sexually Violent
15		Persons Commitment Act in a distinct portion of the Chester
16		Mental Health Center. The persons so placed shall be separated
17		and shall not comingle with the recipients of the Chester
18		Mental Health Center. The portion of Chester Mental Health
19		Center that is used for the persons detained under the Sexually
20		Violent Persons Commitment Act shall not be a part of the
21		mental health facility for the enforcement and implementation
22		of the Mental Health and Developmental Disabilities Code nor
23		shall their care and treatment be subject to the provisions of
24		the Mental Health and Developmental Disabilities Code. The
25		changes added to this Section by this amendatory Act of the
26		98th General Assembly are inoperative on and after June 30,

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1		2015.
2		(Source: P.A. 98-79, eff. 7-15-13; 98-356, eff. 8-16-13;
3		98-756, eff. 7-16-14.)
4		(20 ILCS 1705/15b) (from Ch. 91 1/2, par. 100-15b)
5		Sec. 15b. For recipients awaiting conditional discharge or
6		placement, to execute any document relating to or make any
7		application for any benefit including state or federal on
8		behalf of any recipient in a Department program if the
9		recipient is a person with a mental disability and is unable to
10		mentally disabled to manage his own affairs.
11		(Source: P.A. 86-922.)
12		(20 ILCS 1705/15.4)
13		Sec. 15.4. Authorization for nursing delegation to permit
14		direct care staff to administer medications.
15		(a) This Section applies to (i) all programs for persons
16		with a developmental disability in settings of 16 persons or
17		fewer that are funded or licensed by the Department of Human
18		Services and that distribute or administer medications and (ii)
19		all intermediate care facilities for persons with
20		developmental disabilities the developmentally disabled with
21		16 beds or fewer that are licensed by the Department of Public
22		Health. The Department of Human Services shall develop a
23		training program for authorized direct care staff to administer
24		medications under the supervision and monitoring of a

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

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

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1		size, shape, or color, know when they should take the
2		medication, and know the amount of medication to be taken each
3		time.
4		"Training program" means a standardized medication
5		administration training program approved by the Department of
6		Human Services and conducted by a registered professional nurse
7		for the purpose of training persons employed or under contract
8		to provide direct care or treatment to individuals receiving
9		services to administer medications and provide
10		self-administration of medication training to individuals
11		under the delegation and supervision of a nurse-trainer. The
12		program incorporates adult learning styles, teaching
13		strategies, classroom management, curriculum overview,
14		including ethical-legal aspects, and standardized
15		competency-based evaluations on administration of medications
16		and self-administration of medication training programs.
17		(c) Training and authorization of non-licensed direct care
18		staff by nurse-trainers must meet the requirements of this
19		subsection.
20		(1) Prior to training non-licensed direct care staff to
21		administer medication, the nurse-trainer shall perform the
22		following for each individual to whom medication will be
23		administered by non-licensed direct care staff:
24		(A) An assessment of the individual's health
25		history and physical and mental status.
26		(B) An evaluation of the medications prescribed.

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

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

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

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

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

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1		liability insurance for any program covered by this Section.
2		(l) Any direct care staff person who qualifies as
3		authorized direct care staff pursuant to this Section shall be
4		granted consideration for a one-time additional salary
5		differential. The Department shall determine and provide the
6		necessary funding for the differential in the base. This
7		subsection (l) is inoperative on and after June 30, 2000.
8		(Source: P.A. 98-718, eff. 1-1-15; 98-901, eff. 8-15-14;
9		revised 10-2-14.)
10		(20 ILCS 1705/18.2) (from Ch. 91 1/2, par. 100-18.2)
11		Sec. 18.2. Integrated system for services for persons with
12		developmental disabilities developmentally disabled. The
13		Department shall develop an effective, integrated system for
14		delivering State-funded and State-operated services to persons
15		with developmental disabilities. No later than June 30, 1993,
16		the Department shall enter into one or more co-operative
17		arrangements with the Department of Public Aid, the Department
18		of Rehabilitation Services, the Department of Public Health,
19		and any other appropriate entities for administration or
20		supervision by the Department of Mental Health and
21		Developmental Disabilities of all State programs for services
22		to persons in community care facilities for persons with
23		developmental disabilities, including but not limited to
24		intermediate care facilities, that are supported by State funds
25		or by funding under Title XIX of the federal Social Security

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1		Act. The Department of Human Services shall succeed to the
2		responsibilities of the Department of Mental Health and
3		Developmental Disabilities and the Department of
4		Rehabilitation Services under any such cooperative arrangement
5		in existence on July 1, 1997.
6		(Source: P.A. 89-507, eff. 7-1-97.)
7		(20 ILCS 1705/21.2) (from Ch. 91 1/2, par. 100-21.2)
8		Sec. 21.2. The Fund for Persons with Developmental
9		Disabilities the Developmentally Disabled, heretofore created
10		as a special fund in the State Treasury under repealed Section
11		5-119 of the Mental Health and Developmental Disabilities Code,
12		is continued under this Section. The Secretary may accept
13		moneys from any source for deposit into the Fund. The moneys in
14		the Fund shall be used by the Department, subject to
15		appropriation, for the purpose of providing for the care,
16		support and treatment of low-income persons with a
17		developmental disability, or low-income persons otherwise
18		eligible for Department services, as defined by the Department.
19		(Source: P.A. 88-380; 89-507, eff. 7-1-97.)
20		(20 ILCS 1705/33.3) (from Ch. 91 1/2, par. 100-33.3)
21		Sec. 33.3. (a) The Department may develop an annual plan
22		for staff training. The plan shall establish minimum training
23		objectives and time frames and shall be based on the assessment
24		of needs of direct treatment staff. The plan shall be developed

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1		using comments from employee representative organizations and
2		State and national professional and advocacy groups. The
3		training plan shall be available for public review and comment.
4		(b) A centralized pre-service training curriculum shall be
5		developed for classifications of employees of State-operated
6		facilities who have responsibility for direct patient care and
7		whose professional training and experience does not
8		substantially include the minimum training required under this
9		Section, as determined by the Department. The plan shall
10		address, at a minimum, the following areas:
11		(1) Crisis intervention;
12		(2) Communication (interpersonal theory, active
13		listening and observing);
14		(3) Group process and group dynamics;
15		(4) Diagnosis, management, treatment and discharge
16		planning;
17		(5) Psychotherapeutic and psychopharmacological
18		psychosocial approaches;
19		(6) Community resources;
20		(7) Specialized skills for: long-term treatment,
21		teaching activities of daily living skills (e.g.,
22		grooming), psychosocial rehabilitation, and schizophrenia
23		and the aged, dual-diagnosed, young, and chronic;
24		(8) The Mental Health and Developmental Disabilities
25		Code;
26		(9) The Mental Health and Developmental Disabilities

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1		Confidentiality Act;
2		(10) Physical intervention techniques;
3		(11) Aggression management;
4		(12) Cardiopulmonary resuscitation;
5		(13) Social assessment training;
6		(14) Suicide prevention and intervention;
7		(15) Tardive dyskinesia;
8		(16) Fire safety;
9		(17) Acquired immunodeficiency syndrome (AIDS);
10		(18) Toxic substances;
11		(19) The detection and reporting of suspected
12		recipient abuse and neglect; and
13		(20) Methods of avoiding or reducing injuries in
14		connection with delivery of services.
15		(c) Each program shall establish a unit-specific
16		orientation which details the types of patients served, rules,
17		treatment strategies, response to medical emergencies,
18		policies and procedures, seclusion, restraint for special need
19		recipients, and community resources.
20		(d) The plan shall provide for in-service and any other
21		necessary training for direct service staff and shall include a
22		system for verification of completion. Pre-service training
23		shall be completed within 6 months after beginning employment,
24		as a condition of continued employment and as a prerequisite to
25		contact with recipients of services, except in the course of
26		supervised on-the-job training that may be a component of the

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1		training plan. The plan may also require additional training in
2		relation to changes in employee work assignments and job
3		classifications of professional and direct service staff.
4		Direct care staff shall be trained in methods of
5		communicating with recipients who are not verbal, including
6		discerning signs of discomfort or medical problems experienced
7		by a recipient. Facility administrators also shall receive such
8		training, to ensure that facility operations are adapted to the
9		needs of recipients with mental disabilities mentally disabled
10		recipients.
11		(e) To facilitate training, the Department may develop at
12		least 2 training offices, one serving State-operated
13		facilities located in the Chicago metropolitan area and the
14		second serving other facilities operated by the Department.
15		These offices shall develop and conduct the pre-service and
16		in-service training programs required by this Section and
17		coordinate other training required by the Department.
18		(Source: P.A. 95-331, eff. 8-21-07.)
19		(20 ILCS 1705/43) (from Ch. 91 1/2, par. 100-43)
20		Sec. 43. To provide habilitation and care for persons with
21		an intellectual disability the intellectually disabled and
22		persons with a developmental disability and counseling for
23		their families in accordance with programs established and
24		conducted by the Department.
25		In assisting families to place such persons in need of care

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1		in licensed facilities for persons with an intellectual
2		disability the intellectually disabled and persons with a
3		developmental disability, the Department may supplement the
4		amount a family is able to pay, as determined by the Department
5		in accordance with Sections 5-105 through 5-116 of the "Mental
6		Health and Developmental Disabilities Code" as amended, and the
7		amount available from other sources. The Department shall have
8		the authority to determine eligibility for placement of a
9		person in a private facility.
10		Whenever a person with an intellectual disability an
11		intellectually disabled person or a client is placed in a
12		private facility pursuant to this Section, such private
13		facility must give the Department and the person's guardian or
14		nearest relative, at least 30 days' notice in writing before
15		such person may be discharged or transferred from the private
16		facility, except in an emergency.
17		(Source: P.A. 97-227, eff. 1-1-12.)
18		(20 ILCS 1705/46) (from Ch. 91 1/2, par. 100-46)
19		Sec. 46. Separation between the sexes shall be maintained
20		relative to sleeping quarters in each facility under the
21		jurisdiction of the Department, except in relation to quarters
22		for children with intellectual disabilities intellectually
23		disabled children under age 6 and quarters for persons with
24		intellectual disabilities that are severely-profound
25		severely-profoundly intellectually disabled persons and

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1		nonambulatory persons with intellectual disabilities
2		nonambulatory intellectually disabled persons, regardless of
3		age.
4		(Source: P.A. 97-227, eff. 1-1-12.)
5		(20 ILCS 1705/54.5)
6		Sec. 54.5. Community care for persons with developmental
7		disabilities the developmentally disabled quality workforce
8		initiative.
9		(a) Legislative intent. Individuals with developmental
10		disabilities who live in community-based settings rely on
11		direct support staff for a variety of supports and services
12		essential to the ability to reach their full potential. A
13		stable, well-trained direct support workforce is critical to
14		the well-being of these individuals. State and national studies
15		have documented high rates of turnover among direct support
16		workers and confirmed that improvements in wages can help
17		reduce turnover and develop a more stable and committed
18		workforce. This Section would increase the wages and benefits
19		for direct care workers supporting individuals with
20		developmental disabilities and provide accountability by
21		ensuring that additional resources go directly to these
22		workers.
23		(b) Reimbursement. In order to attract and retain a stable,
24		qualified, and healthy workforce, beginning July 1, 2010, the
25		Department of Human Services may reimburse an individual

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1		community service provider serving individuals with
2		developmental disabilities for spending incurred to provide
3		improved wages and benefits to its employees serving
4		individuals with developmental disabilities developmentally
5		disabled individuals. Reimbursement shall be based upon the
6		provider's most recent cost report. Subject to available
7		appropriations, this reimbursement shall be made according to
8		the following criteria:
9		(1) The Department shall reimburse the provider to
10		compensate for spending on improved wages and benefits for
11		its eligible employees. Eligible employees include
12		employees engaged in direct care work.
13		(2) In order to qualify for reimbursement under this
14		Section, a provider must submit to the Department, before
15		January 1 of each year, documentation of a written, legally
16		binding commitment to increase spending for the purpose of
17		providing improved wages and benefits to its eligible
18		employees during the next year. The commitment must be
19		binding as to both existing and future staff. The
20		commitment must include a method of enforcing the
21		commitment that is available to the employees or their
22		representative and is expeditious, uses a neutral
23		decision-maker, and is economical for the employees. The
24		Department must also receive documentation of the
25		provider's provision of written notice of the commitment
26		and the availability of the enforcement mechanism to the

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1		employees or their representative.
2		(3) Reimbursement shall be based on the amount of
3		increased spending to be incurred by the provider for
4		improving wages and benefits that exceeds the spending
5		reported in the cost report currently used by the
6		Department. Reimbursement shall be calculated as follows:
7		the per diem equivalent of the quarterly difference between
8		the cost to provide improved wages and benefits for covered
9		eligible employees as identified in the legally binding
10		commitment and the previous period cost of wages and
11		benefits as reported in the cost report currently used by
12		the Department, subject to the limitations identified in
13		paragraph (2) of this subsection. In no event shall the per
14		diem increase be in excess of $7.00 for any 12 month
15		period, or in excess of $8.00 for any 12 month period for
16		community-integrated living arrangements with 4 beds or
17		less. For purposes of this Section, "community-integrated
18		living arrangement" has the same meaning ascribed to that
19		term in the Community-Integrated Living Arrangements
20		Licensure and Certification Act.
21		(4) Any community service provider is eligible to
22		receive reimbursement under this Section. A provider's
23		eligibility to receive reimbursement shall continue as
24		long as the provider maintains eligibility under paragraph
25		(2) of this subsection and the reimbursement program
26		continues to exist.

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1		(c) Audit. Reimbursement under this Section is subject to
2		audit by the Department and shall be reduced or eliminated in
3		the case of any provider that does not honor its commitment to
4		increase spending to improve the wages and benefits of its
5		employees or that decreases such spending.
6		(Source: P.A. 96-1124, eff. 7-20-10.)
7		(20 ILCS 1705/66) (from Ch. 91 1/2, par. 100-66)
8		Sec. 66. Domestic abuse of adults with disabilities
9		disabled adults. Pursuant to the Abuse of Adults with
10		Disabilities Intervention Act, the Department shall have the
11		authority to provide developmental disability or mental health
12		services in state-operated facilities or through Department
13		supported community agencies to eligible adults in
14		substantiated cases of abuse, neglect or exploitation on a
15		priority basis and to waive current eligibility requirements in
16		an emergency pursuant to the Abuse of Adults with Disabilities
17		Intervention Act. This Section shall not be interpreted to be
18		in conflict with standards for admission to residential
19		facilities as provided in the Mental Health and Developmental
20		Disabilities Code.
21		(Source: P.A. 91-671, eff. 7-1-00.)
22		Section 180. The Military Code of Illinois is amended by
23		changing Sections 28.6 and 52 as follows:

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1		(20 ILCS 1805/28.6)
2		Sec. 28.6. Policy.
3		(a) A member of the Army National Guard or the Air National
4		Guard may be ordered to funeral honors duty in accordance with
5		this Article. That member shall receive an allowance of $100
6		for any day on which a minimum of 2 hours of funeral honors
7		duty is performed. Members of the Illinois National Guard
8		ordered to funeral honors duty in accordance with this Article
9		are considered to be in the active service of the State for all
10		purposes except for pay, and the provisions of Sections 52, 53,
11		54, 55, and 56 of the Military Code of Illinois apply if a
12		member of the Illinois National Guard is injured or becomes a
13		person with a disability disabled in the course of those
14		duties.
15		(b) The Adjutant General may provide support for other
16		authorized providers who volunteer to participate in a funeral
17		honors detail conducted on behalf of the Governor. This support
18		is limited to transportation, reimbursement for
19		transportation, expenses, materials, and training.
20		(c) On or after July 1, 2006, if the Adjutant General
21		determines that Illinois National Guard personnel are not
22		available to perform military funeral honors in accordance with
23		this Article, the Adjutant General may authorize another
24		appropriate organization to provide one or more of its members
25		to perform those honors and, subject to appropriations for that
26		purpose, shall authorize the payment of a $100 stipend to the

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1		organization.
2		(Source: P.A. 94-251, eff. 1-1-06; 94-359, eff. 7-1-06; 95-331,
3		eff. 8-21-07.)
4		(20 ILCS 1805/52) (from Ch. 129, par. 220.52)
5		Sec. 52. Injured personnel or personnel with a disability
6		or disabled personnel; treatment; compensation. Officers,
7		warrant officers, or enlisted personnel of the Illinois
8		National Guard who may be injured in any way, including without
9		limitation through illness, while on duty and lawfully
10		performing the same, are entitled to be treated by an officer
11		of the medical or dental department detailed by the Adjutant
12		General, or at the nearest appropriate medical treatment
13		facility if such an officer is not detailed. Officers, warrant
14		officers, or enlisted personnel of the Illinois National Guard
15		who may be wounded or disabled in any way, while on duty and
16		lawfully performing the same, so as to prevent their working at
17		their profession, trade, or other occupation from which they
18		gain their living, are entitled to be treated by an officer of
19		the medical or dental department detailed by the Adjutant
20		General, or at the nearest appropriate medical treatment
21		facility if such an officer is not detailed, and, as long as
22		the Illinois National Guard has not been called into federal
23		service, are entitled to all privileges due them as State
24		employees under the "Workers' Compensation Act", approved July
25		9, 1951, as now or hereafter amended, and the "Workers'

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1		Occupational Diseases Act", approved July 9, 1951, as now or
2		hereafter amended. For purposes of this Section, injured,
3		wounded, or disabled "while on duty and lawfully performing the
4		same" means incurring an injury, wound, or disability while in
5		a State military status pursuant to orders of the
6		Commander-in-Chief, except when the injury, wound, or
7		disability is caused by the officer's, warrant officer's, or
8		enlisted personnel's own misconduct.
9		(Source: P.A. 96-509, eff. 1-1-10; 96-733, eff. 1-1-10.)
10		Section 185. The State Guard Act is amended by changing
11		Section 16 as follows:
12		(20 ILCS 1815/16) (from Ch. 129, par. 244)
13		Sec. 16. Any officer or warrant officer, who becomes a
14		person with a disability becoming disabled from wounds,
15		injuries or illness, so as to prevent him from active service
16		thereafter, shall, on recommendation of a retirement board of
17		three officers, two of whom shall be medical officers, be
18		placed upon the retired list in his grade at time of
19		retirement.
20		(Source: Laws 1951, p. 1999.)
21		Section 190. The Abandoned Mined Lands and Water
22		Reclamation Act is amended by changing Section 2.08 as follows:

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1		(20 ILCS 1920/2.08) (from Ch. 96 1/2, par. 8002.08)
2		Sec. 2.08. Special reclamation programs.
3		(a) In addition to the authority to acquire land under
4		Section 2.06, the Department may use funds provided under the
5		Federal Act to acquire land by purchase, donation, or
6		condemnation, to reclaim such acquired land and retain the land
7		or transfer title to it to a political subdivision or to any
8		person, firm, association, or corporation, if the Department
9		determines that such is an integral and necessary element of an
10		economically feasible plan for the project to construct or
11		rehabilitate housing for persons who have a disability disabled
12		as the result of employment in the mines or work incidental
13		thereto, persons displaced by acquisition of land under Section
14		2.06, or persons dislocated as the result of adverse effects of
15		mining practices which constitute an emergency as provided in
16		the Federal Act or persons dislocated as the result of natural
17		disasters or catastrophic failures from any cause. No part of
18		the funds provided under this Section may be used to pay the
19		actual construction costs of housing.
20		(b) Use of funds under this Section shall be subject to
21		requirements under the Federal Act with respect to such
22		projects.
23		(Source: P.A. 89-445, eff. 2-7-96.)
24		Section 195. The Department of Public Health Act is amended
25		by changing Section 4 as follows:

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1		(20 ILCS 2305/4) (from Ch. 111 1/2, par. 22.02)
2		Sec. 4. No otherwise qualified child with a disability
3		handicapped child receiving special education and related
4		services under Article 14 of The School Code shall solely by
5		reason of his or her disability handicap be excluded from the
6		participation in or be denied the benefits of or be subjected
7		to discrimination under any program or activity provided by the
8		Department.
9		(Source: P.A. 80-1403.)
10		Section 200. The Department of Public Health Powers and
11		Duties Law of the Civil Administrative Code of Illinois is
12		amended by changing Section 2310-680 as follows:
13		(20 ILCS 2310/2310-680)
14		(Section scheduled to be repealed on January 1, 2016)
15		Sec. 2310-680. Multiple Sclerosis Task Force.
16		(a) The General Assembly finds and declares the following:
17		(1) Multiple sclerosis (MS) is a chronic, often
18		disabling, disease that attacks the central nervous
19		system, which is comprised of the brain, spinal cord, and
20		optic nerves. MS is the number one disabling disease among
21		young adults, striking in the prime of life. It is a
22		disease in which the body, through its immune system,
23		launches a defensive and damaging attack against its own

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1		tissues. MS damages the nerve-insulating myelin sheath
2		that surrounds and protects the brain. The damage to the
3		myelin sheath slows down or blocks messages between the
4		brain and the body.
5		(2) Most people experience their first symptoms of MS
6		between the ages of 20 and 40, but MS can appear in young
7		children and teens as well as much older adults. MS
8		symptoms can include visual disturbances, muscle weakness,
9		trouble with coordination and balance, sensations such as
10		numbness, prickling or pins and needles, and thought and
11		memory problems. MS patients can also experience partial or
12		complete paralysis, speech impediments, tremors,
13		dizziness, stiffness and spasms, fatigue, paresthesias,
14		pain, and loss of sensation.
15		(3) The cause of MS remains unknown; however, having a
16		first-degree relative, such as a parent or sibling, with MS
17		significantly increases a person's risk of developing the
18		disease. According to the National Institute of
19		Neurological Disorders and Stroke, it is estimated that
20		there are approximately 250,000 to 350,000 persons in the
21		United States who are diagnosed with MS. This estimate
22		suggests that approximately 200 new cases are diagnosed
23		each week. Other sources report a population of at least
24		400,000 in the United States. The estimate of persons with
25		MS in Illinois is 20,000, with at least 2 areas of MS
26		clusters identified in Illinois.

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1		(4) Presently, there is no cure for MS. The complex and
2		variable nature of the disease makes it very difficult to
3		diagnose, treat, and research. The cost to the family,
4		often with young children, can be overwhelming. Among
5		common diagnoses, non-stroke neurologic illnesses, such as
6		multiple sclerosis, were associated with the highest
7		out-of-pocket expenditures (a mean of $34,167), followed
8		by diabetes ($26,971), injuries ($25,096), stroke
9		($23,380), mental illnesses ($23,178), and heart disease
10		($21,955). Median out-of-pocket costs for health care
11		among people with MS, excluding insurance premiums, were
12		almost twice as much as the general population. The costs
13		associated with MS increase with greater disability. Costs
14		for individuals with a severe disability severely disabled
15		individuals are more than twice those for persons with a
16		relatively mild form of the disease. A recent study of
17		medical bankruptcy found that 62.1% of all personal
18		bankruptcies in the United States were related to medical
19		costs.
20		(5) Therefore, it is in the public interest for the
21		State to establish a Multiple Sclerosis Task Force in order
22		to identify and address the unmet needs of persons with MS
23		and develop ways to enhance their quality of life.
24		(b) There is established the Multiple Sclerosis Task Force
25		in the Department of Public Health. The purpose of the Task
26		Force shall be to:

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1		(1) develop strategies to identify and address the
2		unmet needs of persons with MS in order to enhance the
3		quality of life of persons with MS by maximizing
4		productivity and independence and addressing emotional,
5		social, financial, and vocational challenges of persons
6		with MS;
7		(2) develop strategies to provide persons with MS
8		greater access to various treatments and other therapeutic
9		options that may be available; and
10		(3) develop strategies to improve multiple sclerosis
11		education and awareness.
12		(c) The Task Force shall consist of 16 members as follows:
13		(1) the Director of Public Health and the Director of
14		Human Services, or their designees, who shall serve ex
15		officio; and
16		(2) fourteen public members, who shall be appointed by
17		the Director of Public Health as follows: 2 neurologists
18		licensed to practice medicine in this State; 3 registered
19		nurses or other health professionals with MS certification
20		and extensive expertise with progressed MS; one person upon
21		the recommendation of the National Multiple Sclerosis
22		Society; 3 persons who represent agencies that provide
23		services or support to individuals with MS in this State; 3
24		persons who have MS, at least one of whom having progressed
25		MS; and 2 members of the public with a demonstrated
26		expertise in issues relating to the work of the Task Force.

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1		Vacancies in the membership of the Task Force shall be
2		filled in the same manner provided for in the original
3		appointments.
4		(d) The Task Force shall organize within 120 days following
5		the appointment of a majority of its members and shall select a
6		chairperson and vice-chairperson from among the members. The
7		chairperson shall appoint a secretary who need not be a member
8		of the Task Force.
9		(e) The public members shall serve without compensation and
10		shall not be reimbursed for necessary expenses incurred in the
11		performance of their duties unless funds become available to
12		the Task Force.
13		(f) The Task Force may meet and hold hearings as it deems
14		appropriate.
15		(g) The Department of Public Health shall provide staff
16		support to the Task Force.
17		(h) The Task Force shall report its findings and
18		recommendations to the Governor and to the General Assembly,
19		along with any legislative bills that it desires to recommend
20		for adoption by the General Assembly, no later than December
21		31, 2015.
22		(i) The Task Force is abolished and this Section is
23		repealed on January 1, 2016.
24		(Source: P.A. 98-530, eff. 8-23-13; 98-756, eff. 7-16-14.)
25		Section 205. The Disabled Persons Rehabilitation Act is

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1		amended by changing Sections 0.01, 3, 5b, 10 and 13 as follows:
2		(20 ILCS 2405/0.01) (from Ch. 23, par. 3429)
3		Sec. 0.01. Short title. This Act may be cited as the
4		Rehabilitation of Persons with Disabilities Disabled Persons
5		Rehabilitation Act.
6		(Source: P.A. 86-1324.)
7		(20 ILCS 2405/3) (from Ch. 23, par. 3434)
8		Sec. 3. Powers and duties. The Department shall have the
9		powers and duties enumerated herein:
10		(a) To co-operate with the federal government in the
11		administration of the provisions of the federal Rehabilitation
12		Act of 1973, as amended, of the Workforce Investment Act of
13		1998, and of the federal Social Security Act to the extent and
14		in the manner provided in these Acts.
15		(b) To prescribe and supervise such courses of vocational
16		training and provide such other services as may be necessary
17		for the habilitation and rehabilitation of persons with one or
18		more disabilities, including the administrative activities
19		under subsection (e) of this Section, and to co-operate with
20		State and local school authorities and other recognized
21		agencies engaged in habilitation, rehabilitation and
22		comprehensive rehabilitation services; and to cooperate with
23		the Department of Children and Family Services regarding the
24		care and education of children with one or more disabilities.

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1		(c) (Blank).
2		(d) To report in writing, to the Governor, annually on or
3		before the first day of December, and at such other times and
4		in such manner and upon such subjects as the Governor may
5		require. The annual report shall contain (1) a statement of the
6		existing condition of comprehensive rehabilitation services,
7		habilitation and rehabilitation in the State; (2) a statement
8		of suggestions and recommendations with reference to the
9		development of comprehensive rehabilitation services,
10		habilitation and rehabilitation in the State; and (3) an
11		itemized statement of the amounts of money received from
12		federal, State and other sources, and of the objects and
13		purposes to which the respective items of these several amounts
14		have been devoted.
15		(e) (Blank).
16		(f) To establish a program of services to prevent the
17		unnecessary institutionalization of persons in need of long
18		term care and who meet the criteria for blindness or disability
19		as defined by the Social Security Act, thereby enabling them to
20		remain in their own homes. Such preventive services include any
21		or all of the following:
22		(1) personal assistant services;
23		(2) homemaker services;
24		(3) home-delivered meals;
25		(4) adult day care services;
26		(5) respite care;

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1		(6) home modification or assistive equipment;
2		(7) home health services;
3		(8) electronic home response;
4		(9) brain injury behavioral/cognitive services;
5		(10) brain injury habilitation;
6		(11) brain injury pre-vocational services; or
7		(12) brain injury supported employment.
8		The Department shall establish eligibility standards for
9		such services taking into consideration the unique economic and
10		social needs of the population for whom they are to be
11		provided. Such eligibility standards may be based on the
12		recipient's ability to pay for services; provided, however,
13		that any portion of a person's income that is equal to or less
14		than the "protected income" level shall not be considered by
15		the Department in determining eligibility. The "protected
16		income" level shall be determined by the Department, shall
17		never be less than the federal poverty standard, and shall be
18		adjusted each year to reflect changes in the Consumer Price
19		Index For All Urban Consumers as determined by the United
20		States Department of Labor. The standards must provide that a
21		person may not have more than $10,000 in assets to be eligible
22		for the services, and the Department may increase or decrease
23		the asset limitation by rule. The Department may not decrease
24		the asset level below $10,000.
25		The services shall be provided, as established by the
26		Department by rule, to eligible persons to prevent unnecessary

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1		or premature institutionalization, to the extent that the cost
2		of the services, together with the other personal maintenance
3		expenses of the persons, are reasonably related to the
4		standards established for care in a group facility appropriate
5		to their condition. These non-institutional services, pilot
6		projects or experimental facilities may be provided as part of
7		or in addition to those authorized by federal law or those
8		funded and administered by the Illinois Department on Aging.
9		The Department shall set rates and fees for services in a fair
10		and equitable manner. Services identical to those offered by
11		the Department on Aging shall be paid at the same rate.
12		Personal assistants shall be paid at a rate negotiated
13		between the State and an exclusive representative of personal
14		assistants under a collective bargaining agreement. In no case
15		shall the Department pay personal assistants an hourly wage
16		that is less than the federal minimum wage.
17		Solely for the purposes of coverage under the Illinois
18		Public Labor Relations Act (5 ILCS 315/), personal assistants
19		providing services under the Department's Home Services
20		Program shall be considered to be public employees and the
21		State of Illinois shall be considered to be their employer as
22		of the effective date of this amendatory Act of the 93rd
23		General Assembly, but not before. Solely for the purposes of
24		coverage under the Illinois Public Labor Relations Act, home
25		care and home health workers who function as personal
26		assistants and individual maintenance home health workers and

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1		who also provide services under the Department's Home Services
2		Program shall be considered to be public employees, no matter
3		whether the State provides such services through direct
4		fee-for-service arrangements, with the assistance of a managed
5		care organization or other intermediary, or otherwise, and the
6		State of Illinois shall be considered to be the employer of
7		those persons as of January 29, 2013 (the effective date of
8		Public Act 97-1158), but not before except as otherwise
9		provided under this subsection (f). The State shall engage in
10		collective bargaining with an exclusive representative of home
11		care and home health workers who function as personal
12		assistants and individual maintenance home health workers
13		working under the Home Services Program concerning their terms
14		and conditions of employment that are within the State's
15		control. Nothing in this paragraph shall be understood to limit
16		the right of the persons receiving services defined in this
17		Section to hire and fire home care and home health workers who
18		function as personal assistants and individual maintenance
19		home health workers working under the Home Services Program or
20		to supervise them within the limitations set by the Home
21		Services Program. The State shall not be considered to be the
22		employer of home care and home health workers who function as
23		personal assistants and individual maintenance home health
24		workers working under the Home Services Program for any
25		purposes not specifically provided in Public Act 93-204 or
26		Public Act 97-1158, including but not limited to, purposes of

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1		vicarious liability in tort and purposes of statutory
2		retirement or health insurance benefits. Home care and home
3		health workers who function as personal assistants and
4		individual maintenance home health workers and who also provide
5		services under the Department's Home Services Program shall not
6		be covered by the State Employees Group Insurance Act of 1971
7		(5 ILCS 375/).
8		The Department shall execute, relative to nursing home
9		prescreening, as authorized by Section 4.03 of the Illinois Act
10		on the Aging, written inter-agency agreements with the
11		Department on Aging and the Department of Healthcare and Family
12		Services, to effect the intake procedures and eligibility
13		criteria for those persons who may need long term care. On and
14		after July 1, 1996, all nursing home prescreenings for
15		individuals 18 through 59 years of age shall be conducted by
16		the Department, or a designee of the Department.
17		The Department is authorized to establish a system of
18		recipient cost-sharing for services provided under this
19		Section. The cost-sharing shall be based upon the recipient's
20		ability to pay for services, but in no case shall the
21		recipient's share exceed the actual cost of the services
22		provided. Protected income shall not be considered by the
23		Department in its determination of the recipient's ability to
24		pay a share of the cost of services. The level of cost-sharing
25		shall be adjusted each year to reflect changes in the
26		"protected income" level. The Department shall deduct from the

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1		recipient's share of the cost of services any money expended by
2		the recipient for disability-related expenses.
3		To the extent permitted under the federal Social Security
4		Act, the Department, or the Department's authorized
5		representative, may recover the amount of moneys expended for
6		services provided to or in behalf of a person under this
7		Section by a claim against the person's estate or against the
8		estate of the person's surviving spouse, but no recovery may be
9		had until after the death of the surviving spouse, if any, and
10		then only at such time when there is no surviving child who is
11		under age 21 or , blind or who has a permanent and total
12		disability , or permanently and totally disabled. This
13		paragraph, however, shall not bar recovery, at the death of the
14		person, of moneys for services provided to the person or in
15		behalf of the person under this Section to which the person was
16		not entitled; provided that such recovery shall not be enforced
17		against any real estate while it is occupied as a homestead by
18		the surviving spouse or other dependent, if no claims by other
19		creditors have been filed against the estate, or, if such
20		claims have been filed, they remain dormant for failure of
21		prosecution or failure of the claimant to compel administration
22		of the estate for the purpose of payment. This paragraph shall
23		not bar recovery from the estate of a spouse, under Sections
24		1915 and 1924 of the Social Security Act and Section 5-4 of the
25		Illinois Public Aid Code, who precedes a person receiving
26		services under this Section in death. All moneys for services

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1		paid to or in behalf of the person under this Section shall be
2		claimed for recovery from the deceased spouse's estate.
3		"Homestead", as used in this paragraph, means the dwelling
4		house and contiguous real estate occupied by a surviving spouse
5		or relative, as defined by the rules and regulations of the
6		Department of Healthcare and Family Services, regardless of the
7		value of the property.
8		The Department shall submit an annual report on programs
9		and services provided under this Section. The report shall be
10		filed with the Governor and the General Assembly on or before
11		March 30 each year.
12		The requirement for reporting to the General Assembly shall
13		be satisfied by filing copies of the report with the Speaker,
14		the Minority Leader and the Clerk of the House of
15		Representatives and the President, the Minority Leader and the
16		Secretary of the Senate and the Legislative Research Unit, as
17		required by Section 3.1 of the General Assembly Organization
18		Act, and filing additional copies with the State Government
19		Report Distribution Center for the General Assembly as required
20		under paragraph (t) of Section 7 of the State Library Act.
21		(g) To establish such subdivisions of the Department as
22		shall be desirable and assign to the various subdivisions the
23		responsibilities and duties placed upon the Department by law.
24		(h) To cooperate and enter into any necessary agreements
25		with the Department of Employment Security for the provision of
26		job placement and job referral services to clients of the

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1		Department, including job service registration of such clients
2		with Illinois Employment Security offices and making job
3		listings maintained by the Department of Employment Security
4		available to such clients.
5		(i) To possess all powers reasonable and necessary for the
6		exercise and administration of the powers, duties and
7		responsibilities of the Department which are provided for by
8		law.
9		(j) (Blank).
10		(k) (Blank).
11		(l) To establish, operate and maintain a Statewide Housing
12		Clearinghouse of information on available, government
13		subsidized housing accessible to persons with disabilities
14		disabled persons and available privately owned housing
15		accessible to persons with disabilities disabled persons. The
16		information shall include but not be limited to the location,
17		rental requirements, access features and proximity to public
18		transportation of available housing. The Clearinghouse shall
19		consist of at least a computerized database for the storage and
20		retrieval of information and a separate or shared toll free
21		telephone number for use by those seeking information from the
22		Clearinghouse. Department offices and personnel throughout the
23		State shall also assist in the operation of the Statewide
24		Housing Clearinghouse. Cooperation with local, State and
25		federal housing managers shall be sought and extended in order
26		to frequently and promptly update the Clearinghouse's

HB4049 Engrossed - 370 - LRB099 03667 KTG 23678 b
1		information.
2		(m) To assure that the names and case records of persons
3		who received or are receiving services from the Department,
4		including persons receiving vocational rehabilitation, home
5		services, or other services, and those attending one of the
6		Department's schools or other supervised facility shall be
7		confidential and not be open to the general public. Those case
8		records and reports or the information contained in those
9		records and reports shall be disclosed by the Director only to
10		proper law enforcement officials, individuals authorized by a
11		court, the General Assembly or any committee or commission of
12		the General Assembly, and other persons and for reasons as the
13		Director designates by rule. Disclosure by the Director may be
14		only in accordance with other applicable law.
15		(Source: P.A. 97-732, eff. 6-30-12; 97-1019, eff. 8-17-12;
16		97-1158, eff. 1-29-13; 98-1004, eff. 8-18-14.)
17		(20 ILCS 2405/5b)
18		Sec. 5b. Home Services Medicaid Trust Fund.
19		(a) The Home Services Medicaid Trust Fund is hereby created
20		as a special fund in the State treasury.
21		(b) Amounts paid to the State during each State fiscal year
22		by the federal government under Title XIX or Title XXI of the
23		Social Security Act for services delivered in relation to the
24		Department's Home Services Program established pursuant to
25		Section 3 of this the Disabled Persons Rehabilitation Act, and

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1		any interest earned thereon, shall be deposited into the Fund.
2		(c) Moneys in the Fund may be used by the Department for
3		the purchase of services, and operational and administrative
4		expenses, in relation to the Home Services Program.
5		(Source: P.A. 98-1004, eff. 8-18-14.)
6		(20 ILCS 2405/10) (from Ch. 23, par. 3441)
7		Sec. 10. Residential schools; visual and hearing
8		disabilities handicaps.
9		(a) The Department of Human Services shall operate
10		residential schools for the education of children with visual
11		and hearing disabilities handicaps who are unable to take
12		advantage of the regular educational facilities provided in the
13		community, and shall provide in connection therewith such
14		academic, vocational, and related services as may be required.
15		Children shall be eligible for admission to these schools only
16		after proper diagnosis and evaluation, in accordance with
17		procedures prescribed by the Department.
18		(a-5) The Superintendent of the Illinois School for the
19		Deaf shall be the chief executive officer of, and shall be
20		responsible for the day to day operations of, the School, and
21		shall obtain educational and professional employees who are
22		certified by the Illinois State Board of Education or licensed
23		by the appropriate agency or entity to which licensing
24		authority has been delegated, as well as all other employees of
25		the School, subject to the provisions of the Personnel Code and

HB4049 Engrossed - 372 - LRB099 03667 KTG 23678 b
1		any applicable collective bargaining agreement. The
2		Superintendent shall be appointed by the Governor, by and with
3		the advice and consent of the Senate. In the case of a vacancy
4		in the office of Superintendent during the recess of the
5		Senate, the Governor shall make a temporary appointment until
6		the next meeting of the Senate, when the Governor shall
7		nominate some person to fill the office, and any person so
8		nominated who is confirmed by the Senate shall hold office
9		during the remainder of the term and until his or her successor
10		is appointed and qualified. The Superintendent shall hold
11		office (i) for a term expiring on June 30 of 2015, and every 4
12		years thereafter and (ii) until the Superintendent's successor
13		is appointed and qualified. The Superintendent shall devote his
14		or her full time to the duties of the office, shall not serve
15		in any other capacity during his or her term of office, and
16		shall receive such compensation as the Governor shall
17		determine. The Superintendent shall have an administrative
18		certificate with a superintendent endorsement as provided for
19		under Section 21-7.1 of the School Code, and shall have degrees
20		in both educational administration and deaf education,
21		together with at least 15 years of experience in either deaf
22		education, the administration of deaf education, or a
23		combination of the 2.
24		(a-10) The Superintendent of the Illinois School for the
25		Visually Impaired shall be the chief executive officer of, and
26		shall be responsible for the day to day operations of, the

HB4049 Engrossed - 373 - LRB099 03667 KTG 23678 b
1		School, and shall obtain educational and professional
2		employees who are certified by the Illinois State Board of
3		Education or licensed by the appropriate agency or entity to
4		which licensing authority has been delegated, as well as all
5		other employees of the School, subject to the provisions of the
6		Personnel Code and any applicable collective bargaining
7		agreement. The Superintendent shall be appointed by the
8		Governor, by and with the advice and consent of the Senate. In
9		the case of a vacancy in the office of Superintendent during
10		the recess of the Senate, the Governor shall make a temporary
11		appointment until the next meeting of the Senate, when the
12		Governor shall nominate some person to fill the office, and any
13		person so nominated who is confirmed by the Senate shall hold
14		office during the remainder of the term and until his or her
15		successor is appointed and qualified. The Superintendent shall
16		hold office (i) for a term expiring on June 30 of 2015, and
17		every 4 years thereafter and (ii) until the Superintendent's
18		successor is appointed and qualified. The Superintendent shall
19		devote his or her full time to the duties of the office, shall
20		not serve in any other capacity during his or her term of
21		office, and shall receive such compensation as the Governor
22		shall determine. The Superintendent shall have an
23		administrative certificate with a superintendent endorsement
24		as provided for under Section 21-7.1 of the School Code, and
25		shall have degrees in both educational administration and blind
26		or visually impaired education, together with at least 15 years

HB4049 Engrossed - 374 - LRB099 03667 KTG 23678 b
1		of experience in either blind or visually impaired education,
2		the administration of blind or visually impaired education, or
3		a combination of the 2.
4		(b) In administering the Illinois School for the Deaf, the
5		Department shall adopt an admission policy which permits day or
6		residential enrollment, when resources are sufficient, of
7		children with hearing disabilities handicaps who are able to
8		take advantage of the regular educational facilities provided
9		in the community and thus unqualified for admission under
10		subsection (a). In doing so, the Department shall establish an
11		annual deadline by which shall be completed the enrollment of
12		children qualified under subsection (a) for admission to the
13		Illinois School for the Deaf. After the deadline, the Illinois
14		School for the Deaf may enroll other children with hearing
15		disabilities handicaps at the request of their parents or
16		guardians if the Department determines there are sufficient
17		resources to meet their needs as well as the needs of children
18		enrolled before the deadline and children qualified under
19		subsection (a) who may be enrolled after the deadline on an
20		emergency basis. The Department shall adopt any rules and
21		regulations necessary for the implementation of this
22		subsection.
23		(c) In administering the Illinois School for the Visually
24		Impaired, the Department shall adopt an admission policy that
25		permits day or residential enrollment, when resources are
26		sufficient, of children with visual disabilities handicaps who

HB4049 Engrossed - 375 - LRB099 03667 KTG 23678 b
1		are able to take advantage of the regular educational
2		facilities provided in the community and thus unqualified for
3		admission under subsection (a). In doing so, the Department
4		shall establish an annual deadline by which the enrollment of
5		children qualified under subsection (a) for admission to the
6		Illinois School for the Visually Impaired shall be completed.
7		After the deadline, the Illinois School for the Visually
8		Impaired may enroll other children with visual disabilities
9		handicaps at the request of their parents or guardians if the
10		Department determines there are sufficient resources to meet
11		their needs as well as the needs of children enrolled before
12		the deadline and children qualified under subsection (a) who
13		may be enrolled after the deadline on an emergency basis. The
14		Department shall adopt any rules and regulations necessary for
15		the implementation of this subsection.
16		(Source: P.A. 97-625, eff. 11-28-11.)
17		(20 ILCS 2405/13) (from Ch. 23, par. 3444)
18		Sec. 13. The Department shall have all powers reasonable
19		and necessary for the administration of institutions for
20		persons with one or more disabilities under subsection (f) of
21		Section 3 of this Act, including, but not limited to, the
22		authority to do the following:
23		(a) Appoint and remove the superintendents of the
24		institutions operated by the Department, except for those
25		superintendents whose appointment and removal is provided for

HB4049 Engrossed - 376 - LRB099 03667 KTG 23678 b
1		under Section 10 of this Act; obtain all other employees
2		subject to the provisions of the Personnel Code, except for
3		educational and professional employees of the Illinois School
4		for the Deaf and the Illinois School for the Visually Impaired
5		who are certified by the Illinois State Board of Education or
6		licensed by the appropriate agency or entity to which licensing
7		authority has been delegated, and all other employees of the
8		Schools who are obtained by the superintendents as provided
9		under Section 10 of this Act, subject to the provisions of the
10		Personnel Code and any applicable collective bargaining
11		agreement; and conduct staff training programs for the
12		development and improvement of services.
13		(b) Provide supervision, housing accommodations, board or
14		the payment of boarding costs, tuition, and treatment free of
15		charge, except as otherwise specified in this Act, for
16		residents of this State who are cared for in any institution,
17		or for persons receiving services under any program under the
18		jurisdiction of the Department. Residents of other states may
19		be admitted upon payment of the costs of board, tuition, and
20		treatment as determined by the Department; provided, that no
21		resident of another state shall be received or retained to the
22		exclusion of any resident of this State. The Department shall
23		accept any donation for the board, tuition, and treatment of
24		any person receiving service or care.
25		(c) Cooperate with the State Board of Education and the
26		Department of Children and Family Services in a program to

HB4049 Engrossed - 377 - LRB099 03667 KTG 23678 b
1		provide for the placement, supervision, and foster care of
2		children with disabilities handicaps who must leave their home
3		community in order to attend schools offering programs in
4		special education.
5		(d) Assess and collect (i) student activity fees and (ii)
6		charges to school districts for transportation of students
7		required under the School Code and provided by the Department.
8		The Department shall direct the expenditure of all money that
9		has been or may be received by any officer of the several State
10		institutions under the direction and supervision of the
11		Department as profit on sales from commissary stores, student
12		activity fees, or charges for student transportation. The money
13		shall be deposited into a locally held fund and expended under
14		the direction of the Department for the special comfort,
15		pleasure, and amusement of residents and employees and the
16		transportation of residents, provided that amounts expended
17		for comfort, pleasure, and amusement of employees shall not
18		exceed the amount of profits derived from sales made to
19		employees by the commissaries, as determined by the Department.
20		Funds deposited with State institutions under the
21		direction and supervision of the Department by or for residents
22		of those State institutions shall be deposited into
23		interest-bearing accounts, and money received as interest and
24		income on those funds shall be deposited into a "needy student
25		fund" to be held and administered by the institution. Money in
26		the "needy student fund" shall be expended for the special

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1		comfort, pleasure, and amusement of the residents of the
2		particular institution where the money is paid or received.
3		Any money belonging to residents separated by death,
4		discharge, or unauthorized absence from institutions described
5		under this Section, in custody of officers of the institutions,
6		may, if unclaimed by the resident or the legal representatives
7		of the resident for a period of 2 years, be expended at the
8		direction of the Department for the purposes and in the manner
9		specified in this subsection (d). Articles of personal
10		property, with the exception of clothing left in the custody of
11		those officers, shall, if unclaimed for the period of 2 years,
12		be sold and the money disposed of in the same manner.
13		Clothing left at the institution by residents at the time
14		of separation may be used as determined by the institution if
15		unclaimed by the resident or legal representatives of the
16		resident within 30 days after notification.
17		(e) Keep, for each institution under the jurisdiction of
18		the Department, a register of the number of officers,
19		employees, and residents present each day in the year, in a
20		form that will permit a calculation of the average number
21		present each month.
22		(f) (Blank).
23		(g) (Blank).
24		(h) (Blank).
25		(i) Accept and hold in behalf of the State, if for the
26		public interest, a grant, gift, or legacy of money or property

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1		to the State of Illinois, to the Department, or to any
2		institution or program of the Department made in trust for the
3		maintenance or support of a resident of an institution of the
4		Department, or for any other legitimate purpose connected with
5		any such institution or program. The Department shall cause
6		each gift, grant, or legacy to be kept as a distinct fund, and
7		shall invest the gift, grant, or legacy in the manner provided
8		by the laws of this State as those laws now exist or shall
9		hereafter be enacted relating to securities in which the
10		deposits in savings banks may be invested. The Department may,
11		however, in its discretion, deposit in a proper trust company
12		or savings bank, during the continuance of the trust, any fund
13		so left in trust for the life of a person and shall adopt rules
14		and regulations governing the deposit, transfer, or withdrawal
15		of the fund. The Department shall, on the expiration of any
16		trust as provided in any instrument creating the trust, dispose
17		of the fund thereby created in the manner provided in the
18		instrument. The Department shall include in its required
19		reports a statement showing what funds are so held by it and
20		the condition of the funds. Monies found on residents at the
21		time of their admission, or accruing to them during their
22		period of institutional care, and monies deposited with the
23		superintendents by relatives, guardians, or friends of
24		residents for the special comfort and pleasure of a resident,
25		shall remain in the possession of the superintendents, who
26		shall act as trustees for disbursement to, in behalf of, or for

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1		the benefit of the resident. All types of retirement and
2		pension benefits from private and public sources may be paid
3		directly to the superintendent of the institution where the
4		person is a resident, for deposit to the resident's trust fund
5		account.
6		(j) Appoint, subject to the Personnel Code, persons to be
7		members of a police and security force. Members of the police
8		and security force shall be peace officers and as such have all
9		powers possessed by policemen in cities and sheriffs, including
10		the power to make arrests on view or warrants of violations of
11		State statutes or city or county ordinances. These powers may,
12		however, be exercised only in counties of more than 500,000
13		population when required for the protection of Department
14		properties, interests, and personnel, or specifically
15		requested by appropriate State or local law enforcement
16		officials. Members of the police and security force may not
17		serve and execute civil processes.
18		(k) Maintain, and deposit receipts from the sale of tickets
19		to athletic, musical, and other events, fees for participation
20		in school sponsored tournaments and events, and revenue from
21		student activities relating to charges for art and woodworking
22		projects, charges for automobile repairs, and other revenue
23		generated from student projects into, locally held accounts not
24		to exceed $20,000 per account for the purposes of (i) providing
25		immediate payment to officials, judges, and athletic referees
26		for their services rendered and for other related expenses at

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1		school sponsored contests, tournaments, or events, (ii)
2		providing payment for expenses related to student revenue
3		producing activities such as art and woodworking projects,
4		automotive repair work, and other student activities or
5		projects that generate revenue and incur expenses, and (iii)
6		providing students who are enrolled in an independent living
7		program with cash so that they may fulfill course objectives by
8		purchasing commodities and other required supplies.
9		(l) Advance moneys from its appropriations to be maintained
10		in locally held accounts at the schools to establish (i) a
11		"Student Compensation Account" to pay students for work
12		performed under the student work program, and (ii) a "Student
13		Activity Travel Account" to pay transportation, meals, and
14		lodging costs of students, coaches, and activity sponsors while
15		traveling off campus for sporting events, lessons, and other
16		activities directly associated with the representation of the
17		school. Funds in the "Student Compensation Account" shall not
18		exceed $20,000, and funds in the "Student Activity Travel
19		Account" shall not exceed $200,000.
20		(l-5) Establish a locally held account (referred to as the
21		Account) to hold, maintain and administer the
22		Therkelsen/Hansen College Loan Fund (referred to as the Fund).
23		All cash represented by the Fund shall be transferred from the
24		State Treasury to the Account. The Department shall promulgate
25		rules regarding the maintenance and use of the Fund and all
26		interest earned thereon; the eligibility of potential

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1		borrowers from the Fund; and the awarding and repayment of
2		loans from the Fund; and other rules as applicable regarding
3		the Fund. The administration of the Fund and the promulgation
4		of rules regarding the Fund shall be consistent with the will
5		of Petrea Therkelsen, which establishes the Fund.
6		(m) Promulgate rules of conduct applicable to the residents
7		of institutions for persons with one or more disabilities. The
8		rules shall include specific standards to be used by the
9		Department to determine (i) whether financial restitution
10		shall be required in the event of losses or damages resulting
11		from a resident's action and (ii) the ability of the resident
12		and the resident's parents to pay restitution.
13		(Source: P.A. 97-625, eff. 11-28-11.)
14		Section 210. The Disabilities Services Act of 2003 is
15		amended by changing the title of the Act and Section 52 as
16		follows:
17		(20 ILCS 2407/Act title)
18		An Act concerning persons with disabilities disabled
19		persons.
20		(20 ILCS 2407/52)
21		Sec. 52. Applicability; definitions. In accordance with
22		Section 6071 of the Deficit Reduction Act of 2005 (P.L.
23		109-171), as used in this Article:

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1		"Departments". The term "Departments" means for the
2		purposes of this Act, the Department of Human Services, the
3		Department on Aging, Department of Healthcare and Family
4		Services and Department of Public Health, unless otherwise
5		noted.
6		"Home and community-based long-term care services". The
7		term "home and community-based long-term care services" means,
8		with respect to the State Medicaid program, a service aid, or
9		benefit, home and community-based services, including but not
10		limited to home health and personal care services, that are
11		provided to a person with a disability, and are voluntarily
12		accepted, as part of his or her long-term care that: (i) is
13		provided under the State's qualified home and community-based
14		program or that could be provided under such a program but is
15		otherwise provided under the Medicaid program; (ii) is
16		delivered in a qualified residence; and (iii) is necessary for
17		the person with a disability to live in the community.
18		"ID/DD community care facility". The term "ID/DD community
19		care facility", for the purposes of this Article, means a
20		skilled nursing or intermediate long-term care facility
21		subject to licensure by the Department of Public Health under
22		the ID/DD Community Care Act, an intermediate care facility for
23		persons with developmental disabilities the developmentally
24		disabled (ICF-DDs), and a State-operated developmental center
25		or mental health center, whether publicly or privately owned.
26		"Money Follows the Person" Demonstration. Enacted by the

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1		Deficit Reduction Act of 2005, the Money Follows the Person
2		(MFP) Rebalancing Demonstration is part of a comprehensive,
3		coordinated strategy to assist states, in collaboration with
4		stakeholders, to make widespread changes to their long-term
5		care support systems. This initiative will assist states in
6		their efforts to reduce their reliance on institutional care
7		while developing community-based long-term care opportunities,
8		enabling the elderly and people with disabilities to fully
9		participate in their communities.
10		"Public funds" mean any funds appropriated by the General
11		Assembly to the Departments of Human Services, on Aging, of
12		Healthcare and Family Services and of Public Health for
13		settings and services as defined in this Article.
14		"Qualified residence". The term "qualified residence"
15		means, with respect to an eligible individual: (i) a home owned
16		or leased by the individual or the individual's authorized
17		representative (as defined by P.L. 109-171); (ii) an apartment
18		with an individual lease, with lockable access and egress, and
19		which includes living, sleeping, bathing, and cooking areas
20		over which the individual or the individual's family has domain
21		and control; or (iii) a residence, in a community-based
22		residential setting, in which no more than 4 unrelated
23		individuals reside. Where qualified residences are not
24		sufficient to meet the demand of eligible individuals,
25		time-limited exceptions to this definition may be developed
26		through administrative rule.

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1		"Self-directed services". The term "self-directed
2		services" means, with respect to home and community-based
3		long-term services for an eligible individual, those services
4		for the individual that are planned and purchased under the
5		direction and control of the individual or the individual's
6		authorized representative, including the amount, duration,
7		scope, provider, and location of such services, under the State
8		Medicaid program consistent with the following requirements:
9		(a) Assessment: there is an assessment of the needs,
10		capabilities, and preference of the individual with
11		respect to such services.
12		(b) Individual service care or treatment plan: based on
13		the assessment, there is development jointly with such
14		individual or individual's authorized representative, a
15		plan for such services for the individual that (i)
16		specifies those services, if any, that the individual or
17		the individual's authorized representative would be
18		responsible for directing; (ii) identifies the methods by
19		which the individual or the individual's authorized
20		representative or an agency designated by an individual or
21		representative will select, manage, and dismiss providers
22		of such services.
23		(Source: P.A. 96-339, eff. 7-1-10; 97-227, eff. 1-1-12.)
24		Section 215. The Bureau for the Blind Act is amended by
25		changing Section 7 as follows:

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1		(20 ILCS 2410/7) (from Ch. 23, par. 3417)
2		Sec. 7. Council. There shall be created within the
3		Department a Blind Services Planning Council which shall review
4		the actions of the Bureau for the Blind and provide advice and
5		consultation to the Secretary on services to blind people. The
6		Council shall be composed of 11 members appointed by the
7		Governor. All members shall be selected because of their
8		ability to provide worthwhile consultation or services to the
9		blind. No fewer than 6 members shall be blind. A relative
10		balance between the number of males and females shall be
11		maintained. Broad representation shall be sought by
12		appointment, with 2 members from each of the major statewide
13		consumer organizations of the blind and one member from a
14		specific service area including, but not limited to, the Hadley
15		School for the Blind, Chicago Lighthouse, Department-approved
16		Low Vision Aides Clinics, Vending Facilities Operators, the
17		Association for the Education and Rehabilitation of the Blind
18		and Visually Impaired (AER), blind homemakers, outstanding
19		competitive employers of blind people, providers and
20		recipients of income maintenance programs, in-home care
21		programs, subsidized housing, nursing homes and homes for the
22		blind.
23		Initially, 4 members shall be appointed for terms of one
24		year, 4 for terms of 2 years and 3 for terms of 3 years with a
25		partial term of 18 months or more counting as a full term.

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1		Subsequent terms shall be 3 years each. No member shall serve
2		more than 2 terms. No Department employee shall be a member of
3		the Council.
4		Members shall be removed for cause including, but not
5		limited to, demonstrated incompetence, unethical behavior and
6		unwillingness or inability to serve.
7		Members shall serve without pay but shall be reimbursed for
8		actual expenses incurred in the performance of their duties.
9		Members shall be governed by appropriate and applicable
10		State and federal statutes and regulations on matters such as
11		ethics, confidentiality, freedom of information, travel and
12		civil rights.
13		Department staff may attend meetings but shall not be a
14		voting member of the Council. The Council shall elect a
15		chairperson and a recording secretary from among its number.
16		Sub-committees and ad hoc committees may be created to
17		concentrate on specific program components or initiative
18		areas.
19		The Council shall perform the following functions:
20		(a) facilitate communication and cooperative efforts
21		between the Department and all agencies which have any
22		responsibility to deliver services to blind and visually
23		impaired persons.
24		(b) identify needs and problems related to blind and
25		visually impaired persons, including children, adults, and
26		seniors, and make recommendations to the Secretary, Bureau

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1		Director and Governor.
2		(c) recommend programmatic and fiscal priorities governing
3		the provision of services and awarding of grants or contracts
4		by the Department to any person or agency, public or private.
5		(d) conduct, encourage and advise independent research by
6		qualified evaluators to improve services to blind and visually
7		impaired persons, including those with multiple disabilities
8		handicaps.
9		(e) participate in the development and review of proposed
10		and amended rules and regulations of the Department relating to
11		services for the blind and visually impaired.
12		(f) review and comment on all budgets (drafted and
13		submitted) relating to services for blind and visually impaired
14		persons.
15		(g) promote policies and programs to educate the public and
16		elicit public support for services to blind and visually
17		impaired persons.
18		(h) encourage creative and innovative programs to
19		strengthen, expand and improve services for blind and visually
20		impaired persons, including outreach services.
21		(i) perform such other duties as may be required by the
22		Governor, Secretary, and Bureau Director.
23		The Council shall supersede and replace all advisory
24		committees now functioning within the Bureau of Rehabilitation
25		Services for the Blind, with the exception of federally
26		mandated advisory groups.

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1		(Source: P.A. 89-507, eff. 7-1-97.)
2		Section 220. The Blind Vendors Act is amended by changing
3		Section 25 as follows:
4		(20 ILCS 2421/25)
5		Sec. 25. Set-aside funds; Blind Vendors Trust Fund.
6		(a) The Department may provide, by rule, for set-asides
7		similar to those provided in Section 107d-3 of the
8		Randolph-Sheppard Act. If any funds are set aside, or caused to
9		be set aside, from the net proceeds of the operation of vending
10		facilities by blind vendors, the funds shall be set aside only
11		to the extent necessary in a percentage amount not to exceed
12		that determined jointly by the Director and the Committee and
13		published in State rule, and that these funds may be used only
14		for the following purposes: (1) maintenance and replacement of
15		equipment; (2) purchase of new equipment; (3) construction of
16		new vending facilities; (4) funding the functions of the
17		Committee, including legal and other professional services;
18		and (5) retirement or pension funds, health insurance, paid
19		sick leave, and vacation time for blind licensees, so long as
20		these benefits are approved by a majority vote of all Illinois
21		licensed blind vendors that occurs after the Department
22		provides these vendors with information on all matters relevant
23		to these purposes.
24		(b) No set-aside funds shall be collected from a blind

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1		vendor when the monthly net proceeds of that vendor are less
2		than $1,000. This amount may be adjusted annually by the
3		Director and the Committee to reflect changes in the cost of
4		living.
5		(c) The Department shall establish, with full
6		participation by the Committee, the Blind Vendors Trust Fund as
7		a separate account managed by the Department for the State's
8		blind vendors.
9		(d) Set-aside funds collected from the operation of all
10		vending facilities administered by the Business Enterprise
11		Program for the Blind shall be placed in the Blind Vendors
12		Trust Fund, which shall include set-aside funds from facilities
13		on federal property. The Fund must provide separately
14		identified sub-accounts for moneys from (i) federal and (ii)
15		State and other facilities, as well as vending machine income
16		generated pursuant to Section 30 of this Act. These funds shall
17		be available until expended and shall not revert to the General
18		Revenue Fund or to any other State account.
19		(e) It is the intent of the General Assembly that the
20		expenditure of set-aside funds authorized by this Section shall
21		be supplemental to any current appropriation or other moneys
22		made available for these purposes and shall not constitute an
23		offset of any previously existing appropriation or other
24		funding source. In no way shall this imply that the
25		appropriation for the Blind Vendors Program may never be
26		decreased, rather that the new funds shall not be used as an

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1		offset.
2		(f) An amount equal to 10% of the wages paid by a blind
3		vendor to any employee who is blind or has another disability
4		otherwise disabled shall be deducted from any set-aside charge
5		paid by the vendor each month, in order to encourage vendors to
6		employ blind workers and workers with disabilities and disabled
7		workers and to set an example for industry and government. No
8		deduction shall be made for any employee paid less than the
9		State or federal minimum wage.
10		(Source: P.A. 96-644, eff. 1-1-10.)
11		Section 225. The Department of Transportation Law of the
12		Civil Administrative Code of Illinois is amended by changing
13		Sections 2705-305, 2705-310, and 2705-321 as follows:
14		(20 ILCS 2705/2705-305)
15		Sec. 2705-305. Grants for mass transportation.
16		(a) For the purpose of mass transportation grants and
17		contracts, the following definitions apply:
18		"Carrier" means any corporation, authority, partnership,
19		association, person, or district authorized to provide mass
20		transportation within the State.
21		"District" means all of the following:
22		(i) Any district created pursuant to the Local Mass
23		Transit District Act.
24		(ii) The Authority created pursuant to the

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1		Metropolitan Transit Authority Act.
2		(iii) Any authority, commission, or other entity that
3		by virtue of an interstate compact approved by Congress is
4		authorized to provide mass transportation.
5		(iv) The Authority created pursuant to the Regional
6		Transportation Authority Act.
7		"Facilities" comprise all real and personal property used
8		in or appurtenant to a mass transportation system, including
9		parking lots.
10		"Mass transportation" means transportation provided within
11		the State of Illinois by rail, bus, or other conveyance and
12		available to the general public on a regular and continuing
13		basis, including the transportation of persons with
14		disabilities handicapped or elderly persons as provided more
15		specifically in Section 2705-310.
16		"Unit of local government" means any city, village,
17		incorporated town, or county.
18		(b) Grants may be made to units of local government,
19		districts, and carriers for the acquisition, construction,
20		extension, reconstruction, and improvement of mass
21		transportation facilities. Grants shall be made upon the terms
22		and conditions that in the judgment of the Secretary are
23		necessary to ensure their proper and effective utilization.
24		(c) The Department shall make grants under this Law in a
25		manner designed, so far as is consistent with the maintenance
26		and development of a sound mass transportation system within

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1		the State, to: (i) maximize federal funds for the assistance of
2		mass transportation in Illinois under the Federal Transit Act
3		and other federal Acts; (ii) facilitate the movement of persons
4		who because of age, economic circumstance, or physical
5		infirmity are unable to drive; (iii) contribute to an improved
6		environment through the reduction of air, water, and noise
7		pollution; and (iv) reduce traffic congestion.
8		(d) The Secretary shall establish procedures for making
9		application for mass transportation grants. The procedures
10		shall provide for public notice of all applications and give
11		reasonable opportunity for the submission of comments and
12		objections by interested parties. The procedures shall be
13		designed with a view to facilitating simultaneous application
14		for a grant to the Department and to the federal government.
15		(e) Grants may be made for mass transportation projects as
16		follows:
17		(1) In an amount not to exceed 100% of the nonfederal
18		share of projects for which a federal grant is made.
19		(2) In an amount not to exceed 100% of the net project
20		cost for projects for which a federal grant is not made.
21		(3) In an amount not to exceed five-sixths of the net
22		project cost for projects essential for the maintenance of
23		a sound transportation system and eligible for federal
24		assistance for which a federal grant application has been
25		made but a federal grant has been delayed. If and when a
26		federal grant is made, the amount in excess of the

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1		nonfederal share shall be promptly returned to the
2		Department.
3		In no event shall the Department make a grant that,
4		together with any federal funds or funds from any other source,
5		is in excess of 100% of the net project cost.
6		(f) Regardless of whether any funds are available under a
7		federal grant, the Department shall not make a mass
8		transportation grant unless the Secretary finds that the
9		recipient has entered into an agreement with the Department in
10		which the recipient agrees not to engage in school bus
11		operations exclusively for the transportation of students and
12		school personnel in competition with private school bus
13		operators where those private school bus operators are able to
14		provide adequate transportation, at reasonable rates, in
15		conformance with applicable safety standards, provided that
16		this requirement shall not apply to a recipient that operates a
17		school system in the area to be served and operates a separate
18		and exclusive school bus program for the school system.
19		(g) Grants may be made for mass transportation purposes
20		with funds appropriated from the Build Illinois Bond Fund
21		consistent with the specific purposes for which those funds are
22		appropriated by the General Assembly. Grants under this
23		subsection (g) are not subject to any limitations or conditions
24		imposed upon grants by any other provision of this Section,
25		except that the Secretary may impose the terms and conditions
26		that in his or her judgment are necessary to ensure the proper

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1		and effective utilization of the grants under this subsection.
2		(h) The Department may let contracts for mass
3		transportation purposes and facilities for the purpose of
4		reducing urban congestion funded in whole or in part with bonds
5		described in subdivision (b)(1) of Section 4 of the General
6		Obligation Bond Act, not to exceed $75,000,000 in bonds.
7		(i) The Department may make grants to carriers, districts,
8		and units of local government for the purpose of reimbursing
9		them for providing reduced fares for mass transportation
10		services for students, persons with disabilities, handicapped
11		persons and the elderly. Grants shall be made upon the terms
12		and conditions that in the judgment of the Secretary are
13		necessary to ensure their proper and effective utilization.
14		(j) The Department may make grants to carriers, districts,
15		and units of local government for costs of providing ADA
16		paratransit service.
17		(Source: P.A. 94-91, eff. 7-1-05.)
18		(20 ILCS 2705/2705-310)
19		Sec. 2705-310. Grants for transportation for persons with
20		disabilities handicapped persons.
21		(a) For the purposes of this Section, the following
22		definitions apply:
23		"Carrier" means a district or a not for profit corporation
24		providing mass transportation for persons with disabilities
25		handicapped persons on a regular and continuing basis.

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1		"Person with a disability Handicapped person" means any
2		individual who, by reason of illness, injury, age, congenital
3		malfunction, or other permanent or temporary incapacity or
4		disability, is unable without special mass transportation
5		facilities or special planning or design to utilize ordinary
6		mass transportation facilities and services as effectively as
7		persons who are not so affected.
8		"Unit of local government", "district", and "facilities"
9		have the meanings ascribed to them in Section 2705-305.
10		(b) The Department may make grants from the Transportation
11		Fund and the General Revenue Fund (i) to units of local
12		government, districts, and carriers for vehicles, equipment,
13		and the acquisition, construction, extension, reconstruction,
14		and improvement of mass transportation facilities for persons
15		with disabilities handicapped persons and (ii) during State
16		fiscal years 1986 and 1987, to the Regional Transportation
17		Authority for operating assistance for mass transportation for
18		mobility limited handicapped persons, including paratransit
19		services for the mobility limited. The grants shall be made
20		upon the terms and conditions that in the judgment of the
21		Secretary are necessary to ensure their proper and effective
22		utilization. The procedures, limitations, and safeguards
23		provided in Section 2705-305 to govern grants for mass
24		transportation shall apply to grants made under this Section.
25		For the efficient administration of grants, the
26		Department, on behalf of grant recipients under this Section

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1		and on behalf of recipients receiving funds under Sections 5309
2		and 5311 of the Federal Transit Act and State funds, may
3		administer and consolidate procurements and may enter into
4		contracts with manufacturers of vehicles and equipment.
5		(c) The Department may make operating assistance grants
6		from the Transportation Fund to those carriers that, during
7		federal fiscal year 1986, directly received operating
8		assistance pursuant to Section 5307 or Section 5311 of the
9		Federal Transit Act, or under contracts with a unit of local
10		government or mass transit district that received operating
11		expenses under Section 5307 or Section 5311 of the Federal
12		Transit Act, to provide public paratransit services to the
13		general mobility limited population. The Secretary shall take
14		into consideration the reduction in federal operating expense
15		grants to carriers when considering the grant applications. The
16		procedures, limitations, and safeguards provided in Section
17		2705-305 to govern grants for mass transportation shall apply
18		to grants made under this Section.
19		(Source: P.A. 90-774, eff. 8-14-98; 91-239, eff. 1-1-00.)
20		(20 ILCS 2705/2705-321)
21		Sec. 2705-321. Illinois Transit Ridership and Economic
22		Development (TRED) Pilot Project Program; new facilities and
23		service.
24		(a) Subject to appropriation, the Department of
25		Transportation shall establish the Illinois Transit Ridership

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1		and Economic Development (TRED) Pilot Project Program to build
2		transit systems that more effectively address the needs of
3		Illinois workers, families, and businesses. The Illinois TRED
4		Pilot Project Program shall provide for new or expanded mass
5		transportation service and facilities, including rapid
6		transit, rail, bus, and other equipment used in connection with
7		mass transit, by the State, a public entity, or 2 or more of
8		these entities authorized to provide and promote public
9		transportation in order to increase the level of service
10		available in local communities, as well as improve the quality
11		of life and economic viability of the State of Illinois.
12		The Illinois TRED Pilot Project Program expenditures for
13		mass transportation service and facilities within the State
14		must:
15		(1) Improve the economic viability of Illinois by
16		facilitating the transportation of Illinois residents to
17		places of employment, to educational facilities, and to
18		commercial, medical, and shopping districts.
19		(2) Increase the frequency and reliability of public
20		transit service.
21		(3) Facilitate the movement of all persons, including
22		those persons who, because of age, economic circumstance,
23		or physical infirmity, are unable to drive.
24		(4) Contribute to an improved environment through the
25		reduction of air, water, and noise pollution.
26		(b) Under the Illinois TRED Pilot Project Program, subject

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1		to appropriation, the Department shall fund each fiscal year,
2		in coordination and consultation with other government
3		agencies that provide or fund transportation services, the
4		Illinois Public Transportation Association, and transit
5		advocates, projects as specified in subsection (c). Total
6		funding for each project shall not exceed $500,000 and the
7		funding for all projects shall not exceed $4,500,000. The
8		Department shall submit annual reports to the General Assembly
9		by March 1 of each fiscal year regarding the status of these
10		projects, including service to constituents including local
11		businesses, seniors, and people with disabilities, costs, and
12		other appropriate measures of impact.
13		(c) Subject to appropriation, the Department shall make
14		grants to any of the following in order to create:
15		(1) Two demonstration projects for the Chicago Transit
16		Authority to increase services to currently underserved
17		communities and neighborhoods, such as, but not limited to,
18		Altgeld Gardens, Pilsen, and Lawndale.
19		(2) (Blank.)
20		(3) The Intertownship Transportation Program for
21		Northwest Suburban Cook County, which shall complement
22		existing Pace service and involve cooperation of several
23		townships to provide transportation services for senior
24		residents and residents with disabilities and disabled
25		residents across village and township boundaries that is
26		currently not provided by Pace and by individual townships

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1		and municipalities.
2		(4) RIDES transit services to Richland and Lawrence
3		Counties to extend transit services into Richland and
4		Lawrence Counties and enhance service in Wayne, Edwards,
5		and Wabash Counties that share common travel patterns and
6		needs with Lawrence and Richland counties. Funding shall be
7		used to develop a route structure that shall coordinate
8		social service and general public requirements and obtain
9		vehicles to support the additional service.
10		(5) Peoria Regional Transportation Initiative, which
11		shall fund the development of a plan to create a regional
12		transportation service in the Peoria-Pekin MSA that
13		integrates and expands the existing services and that would
14		allow local leaders to develop a funding plan and a
15		timetable to secure final political approval. The plan is
16		intended to facilitate regional economic development and
17		provide greater mobility to workers, senior citizens, and
18		people with disabilities.
19		(6) Rock Island MetroLINK/Black Hawk College
20		Coordination Project, which shall increase mobility for
21		lower income students to access educational services and
22		job training on the metropolitan bus system, which will
23		better link community college students with transportation
24		alternatives.
25		(7) The West Central Transit District to serve Scott
26		and Morgan Counties. Funding shall be used to develop a

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1		route structure that shall coordinate social service and
2		general public requirements and obtain vehicles to support
3		the service.
4		(8) Additional community college coordination
5		projects, which shall increase mobility for lower income
6		students to access educational services and job training on
7		any Champaign-Urbana MTD and Danville Mass Transit bus
8		routes, which will better link community college students
9		with transportation alternatives.
10		(Source: P.A. 93-1004, eff. 8-24-04.)
11		Section 230. The Department of Veterans Affairs Act is
12		amended by changing Sections 2.01 and 5 as follows:
13		(20 ILCS 2805/2.01) (from Ch. 126 1/2, par. 67.01)
14		Sec. 2.01. Veterans Home admissions.
15		(a) Any honorably discharged veteran is entitled to
16		admission to an Illinois Veterans Home if the applicant meets
17		the requirements of this Section.
18		(b) The veteran must:
19		(1) have served in the armed forces of the United
20		States at least 1 day in World War II, the Korean Conflict,
21		the Viet Nam Campaign, or the Persian Gulf Conflict between
22		the dates recognized by the U.S. Department of Veterans
23		Affairs or between any other present or future dates
24		recognized by the U.S. Department of Veterans Affairs as a

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1		war period, or have served in a hostile fire environment
2		and has been awarded a campaign or expeditionary medal
3		signifying his or her service, for purposes of eligibility
4		for domiciliary or nursing home care;
5		(2) have served and been honorably discharged or
6		retired from the armed forces of the United States for a
7		service connected disability or injury, for purposes of
8		eligibility for domiciliary or nursing home care;
9		(3) have served as an enlisted person at least 90 days
10		on active duty in the armed forces of the United States,
11		excluding service on active duty for training purposes
12		only, and entered active duty before September 8, 1980, for
13		purposes of eligibility for domiciliary or nursing home
14		care;
15		(4) have served as an officer at least 90 days on
16		active duty in the armed forces of the United States,
17		excluding service on active duty for training purposes
18		only, and entered active duty before October 17, 1981, for
19		purposes of eligibility for domiciliary or nursing home
20		care;
21		(5) have served on active duty in the armed forces of
22		the United States for 24 months of continuous service or
23		more, excluding active duty for training purposes only, and
24		enlisted after September 7, 1980, for purposes of
25		eligibility for domiciliary or nursing home care;
26		(6) have served as a reservist in the armed forces of

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1		the United States or the National Guard and the service
2		included being called to federal active duty, excluding
3		service on active duty for training purposes only, and who
4		completed the term, for purposes of eligibility for
5		domiciliary or nursing home care;
6		(7) have been discharged for reasons of hardship or
7		released from active duty due to a reduction in the United
8		States armed forces prior to the completion of the required
9		period of service, regardless of the actual time served,
10		for purposes of eligibility for domiciliary or nursing home
11		care; or
12		(8) have served in the National Guard or Reserve Forces
13		of the United States and completed 20 years of satisfactory
14		service, be otherwise eligible to receive reserve or active
15		duty retirement benefits, and have been an Illinois
16		resident for at least one year before applying for
17		admission for purposes of eligibility for domiciliary care
18		only.
19		(c) The veteran must have service accredited to the State
20		of Illinois or have been a resident of this State for one year
21		immediately preceding the date of application.
22		(d) For admission to the Illinois Veterans Homes at Anna
23		and Quincy, the veteran must have developed a disability be
24		disabled by disease, wounds, or otherwise and because of the
25		disability be incapable of earning a living.
26		(e) For admission to the Illinois Veterans Homes at LaSalle

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1		and Manteno, the veteran must have developed a disability be
2		disabled by disease, wounds, or otherwise and, for purposes of
3		eligibility for nursing home care, require nursing care because
4		of the disability.
5		(f) An individual who served during a time of conflict as
6		set forth in subsection (a)(1) of this Section has preference
7		over all other qualifying candidates, for purposes of
8		eligibility for domiciliary or nursing home care at any
9		Illinois Veterans Home.
10		(Source: P.A. 97-297, eff. 1-1-12.)
11		(20 ILCS 2805/5) (from Ch. 126 1/2, par. 70)
12		Sec. 5. (a) Every veteran with a disability who is a
13		resident of Illinois and disabled shall be exempt from all
14		camping and admission fees in parks under the control of the
15		Department of Natural Resources. For the purpose of this
16		subsection (a), a resident disabled veteran with a disability
17		is one who has a permanent disability is permanently disabled
18		from service connected causes with 100% disability or one who
19		has permanently lost the use of a leg or both legs or an arm or
20		both arms or any combination thereof or any person who has a
21		disability so severe is so severely disabled as to be unable to
22		move without the aid of crutches or a wheelchair. The
23		Department shall issue free use permits to those eligible
24		veterans. To establish eligibility, the veteran shall present
25		an award letter or some other identifying disability document,

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1		together with proper identification, to any office of the
2		Department. Subject to the approval of the Department of
3		Natural Resources, the Department of Veterans' Affairs shall
4		establish the form or permit identifier to be issued.
5		(b) Every veteran who is a resident of Illinois and a
6		former prisoner of war shall be exempt from all camping and
7		admission fees in parks under the control of the Department of
8		Natural Resources. For the purposes of this subsection (b), a
9		former prisoner of war is a veteran who was taken and held
10		prisoner by a hostile foreign force while participating in an
11		armed conflict as a member of the United States armed forces.
12		Any identification card or other form of identification issued
13		by the Veterans' Administration or other governmental agency
14		which indicates the card-holder's former prisoner of war status
15		shall be sufficient to accord such card-holder the fee-exempt
16		admission or camping privileges under this subsection.
17		(Source: P.A. 89-445, eff. 2-7-96.)
18		Section 235. The Illinois Housing Development Act is
19		amended by changing Section 13 as follows:
20		(20 ILCS 3805/13) (from Ch. 67 1/2, par. 313)
21		Sec. 13. The Authority shall require that occupancy of all
22		housing financed or otherwise assisted under this Act be open
23		to all persons regardless of race, national origin, religion,
24		creed, sex, age or physical or mental disability handicap and

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1		that contractors and subcontractors engaged in the
2		construction or rehabilitation of such housing or any housing
3		related commercial facility, shall provide equal opportunity
4		for employment without discrimination as to race, national
5		origin, religion, creed, sex, age or physical or mental
6		disability handicap.
7		(Source: P.A. 83-1251.)
8		Section 240. The Illinois Power Agency Act is amended by
9		changing Section 1-127 as follows:
10		(20 ILCS 3855/1-127)
11		Sec. 1-127. Minority owned businesses, female owned
12		businesses, and businesses owned by persons with disabilities
13		Minority, female, and disabled persons businesses; reports.
14		(a) The Director of the Illinois Power Agency, or his or
15		her designee, when offering bids for professional services,
16		shall conduct outreach to minority owned businesses, female
17		owned businesses, and businesses owned by persons with
18		disabilities. Outreach shall include, but is not limited to,
19		advertisements in periodicals and newspapers, mailings, and
20		other appropriate media.
21		(b) The Director or his or her designee shall, upon
22		request, provide technical assistance to minority owned
23		businesses, female owned businesses, and businesses owned by
24		persons with disabilities seeking to do business with the

HB4049 Engrossed - 407 - LRB099 03667 KTG 23678 b
1		Agency.
2		(c) The Director or his or her designee, upon request,
3		shall conduct post-bid reviews with minority owned businesses,
4		female owned businesses, and businesses owned by persons with
5		disabilities whose bids were not selected by the Agency.
6		Post-bid reviews shall provide a business with detailed and
7		specific reasons why the bid of that business was rejected and
8		concrete recommendations to improve its bid application on
9		future Agency professional services opportunities.
10		(d) The Agency shall report annually to the Governor and
11		the General Assembly by July 1. The report shall identify the
12		businesses that have provided bids to offer professional
13		services to the Agency and shall also include, but not be
14		limited to, the following information:
15		(1) whether or not the businesses are minority owned
16		businesses, female owned businesses, or businesses owned
17		by persons with disabilities;
18		(2) the percentage of professional service contracts
19		that were awarded to minority owned businesses, female
20		owned businesses, and businesses owned by persons with
21		disabilities as compared to other businesses; and
22		(3) the actions the Agency has undertaken to increase
23		the use of the minority owned businesses, female owned
24		businesses, and businesses owned by persons with
25		disabilities in professional service contracts.
26		(e) In this Section, "professional services" means

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1		services that use skills that are predominantly mental or
2		intellectual, rather than physical or manual, including, but
3		not limited to, accounting, architecture, consulting,
4		engineering, finance, legal, and marketing. "Professional
5		services" does not include bidders into the competitive
6		procurement process pursuant to Section 16-111.5 of the Public
7		Utilities Act.
8		(Source: P.A. 95-481, eff. 8-28-07.)
9		Section 245. The Guardianship and Advocacy Act is amended
10		by changing the title of the Act and Section 2 as follows:
11		(20 ILCS 3955/Act title)
12		An Act to create the Guardianship and Advocacy Commission,
13		to safeguard the rights and to provide legal counsel and
14		representation for eligible persons and to create the Office of
15		State Guardian for persons with disabilities disabled persons.
16		(20 ILCS 3955/2) (from Ch. 91 1/2, par. 702)
17		Sec. 2. As used in this Act, unless the context requires
18		otherwise:
19		(a) "Authority" means a Human Rights Authority.
20		(b) "Commission" means the Guardianship and Advocacy
21		Commission.
22		(c) "Director" means the Director of the Guardianship and
23		Advocacy Commission.

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1		(d) "Guardian" means a court appointed guardian or
2		conservator.
3		(e) "Services" includes but is not limited to examination,
4		diagnosis, evaluation, treatment, care, training,
5		psychotherapy, pharmaceuticals, after-care, habilitation, and
6		rehabilitation provided for an eligible person.
7		(f) "Person" means an individual, corporation,
8		partnership, association, unincorporated organization, or a
9		government or any subdivision, agency, or instrumentality
10		thereof.
11		(g) "Eligible persons" means individuals who have
12		received, are receiving, have requested, or may be in need of
13		mental health services, or are "persons with a developmental
14		disability" as defined in the federal Developmental
15		Disabilities Services and Facilities Construction Act (Public
16		Law 94-103, Title II), as now or hereafter amended, or "persons
17		with disabilities disabled" as defined in the Rehabilitation of
18		Persons with Disabilities Disabled Persons Rehabilitation Act.
19		(h) "Rights" includes but is not limited to all rights,
20		benefits, and privileges guaranteed by law, the Constitution of
21		the State of Illinois, and the Constitution of the United
22		States.
23		(i) "Legal Advocacy Service attorney" means an attorney
24		employed by or under contract with the Legal Advocacy Service.
25		(j) "Service provider" means any public or private
26		facility, center, hospital, clinic, program, or any other

HB4049 Engrossed - 410 - LRB099 03667 KTG 23678 b
1		person devoted in whole or in part to providing services to
2		eligible persons.
3		(k) "State Guardian" means the Office of State Guardian.
4		(l) "Ward" means a ward as defined by the Probate Act of
5		1975, as now or hereafter amended, who is at least 18 years of
6		age.
7		(Source: P.A. 88-380; 89-626, eff. 8-9-96.)
8		Section 250. The State Finance Act is amended by changing
9		Sections 5.779, 6z-71, 6z-83, 6z-95, and 8.8 as follows:
10		(30 ILCS 105/5.779)
11		Sec. 5.779. The Property Tax Relief for Veterans with
12		Disabilities Disabled Veterans Property Tax Relief Fund.
13		(Source: P.A. 96-1424, eff. 8-3-10.)
14		(30 ILCS 105/6z-71)
15		Sec. 6z-71. Human Services Priority Capital Program Fund.
16		The Human Services Priority Capital Program Fund is created as
17		a special fund in the State treasury. Subject to appropriation,
18		the Department of Human Services shall use moneys in the Human
19		Services Priority Capital Program Fund to make grants to the
20		Illinois Facilities Fund, a not-for-profit corporation, to
21		make long term below market rate loans to nonprofit human
22		service providers working under contract to the State of
23		Illinois to assist those providers in meeting their capital

HB4049 Engrossed - 411 - LRB099 03667 KTG 23678 b
1		needs. The loans shall be for the purpose of such capital
2		needs, including but not limited to special use facilities,
3		requirements for serving persons with disabilities, the the
4		disabled, mentally ill, or substance abusers, and medical and
5		technology equipment. Loan repayments shall be deposited into
6		the Human Services Priority Capital Program Fund. Interest
7		income may be used to cover expenses of the program. The
8		Illinois Facilities Fund shall report to the Department of
9		Human Services and the General Assembly by April 1, 2008, and
10		again by April 1, 2009, as to the use and earnings of the
11		program.
12		A portion of the proceeds from the sale of a mental health
13		facility or developmental disabilities facility operated by
14		the Department of Human Services may be deposited into the Fund
15		and may be used for the purposes described in this Section.
16		(Source: P.A. 98-815, eff. 8-1-14.)
17		(30 ILCS 105/6z-83)
18		Sec. 6z-83. The Property Tax Relief for Veterans with
19		Disabilities Disabled Veterans Property Tax Relief Fund;
20		creation. The Property Tax Relief for Veterans with
21		Disabilities Disabled Veterans Property Tax Relief Fund is
22		created as a special fund in the State treasury. Subject to
23		appropriation, moneys in the Fund shall be used by the
24		Department of Veterans' Affairs for the purpose of providing
25		property tax relief to veterans with disabilities disabled

HB4049 Engrossed - 412 - LRB099 03667 KTG 23678 b
1		veterans. The Department of Veterans' Affairs may adopt rules
2		to implement this Section.
3		(Source: P.A. 96-1424, eff. 8-3-10.)
4		(30 ILCS 105/6z-95)
5		Sec. 6z-95. The Housing for Families Fund; creation. The
6		Housing for Families Fund is created as a special fund in the
7		State treasury. Moneys in the Fund shall be used by the
8		Department of Human Services to make grants to public or
9		private not-for-profit entities for the purpose of building new
10		housing for low income, working poor, disabled, low credit, and
11		no credit families and families with disabilities. For the
12		purposes of this Section, "low income", "working poor",
13		"families with disabilities disabled", "low credit", and "no
14		credit families" shall be defined by the Department of Human
15		Services by rule.
16		(Source: P.A. 97-1117, eff. 8-27-12.)
17		(30 ILCS 105/8.8) (from Ch. 127, par. 144.8)
18		Sec. 8.8. Appropriations for the improvement, development,
19		addition or expansion of services for the care, treatment, and
20		training of persons who have intellectual disabilities are
21		intellectually disabled or subject to involuntary admission
22		under the Mental Health and Developmental Disabilities Code or
23		for the financing of any program designed to provide such
24		improvement, development, addition or expansion of services or

HB4049 Engrossed - 413 - LRB099 03667 KTG 23678 b
1		for expenses associated with providing services to other units
2		of government under Section 5-107.2 of the Mental Health and
3		Developmental Disabilities Code, or other ordinary and
4		contingent expenses of the Department of Human Services
5		relating to mental health and developmental disabilities, are
6		payable from the Mental Health Fund. However, no expenditures
7		shall be made for the purchase, construction, lease, or rental
8		of buildings for use as State-operated mental health or
9		developmental disability facilities.
10		(Source: P.A. 96-959, eff. 7-1-10; 97-227, eff. 1-1-12; 97-665,
11		eff. 6-1-12.)
12		Section 255. The State Officers and Employees Money
13		Disposition Act is amended by changing Section 1 as follows:
14		(30 ILCS 230/1) (from Ch. 127, par. 170)
15		Sec. 1. Application of Act; exemptions. The officers of the
16		Executive Department of the State Government, the Clerk of the
17		Supreme Court, the Clerks of the Appellate Courts, the
18		Departments of the State government created by the Civil
19		Administrative Code of Illinois, and all other officers,
20		boards, commissions, commissioners, departments, institutions,
21		arms or agencies, or agents of the Executive Department of the
22		State government except the University of Illinois, Southern
23		Illinois University, Chicago State University, Eastern
24		Illinois University, Governors State University, Illinois

HB4049 Engrossed - 414 - LRB099 03667 KTG 23678 b
1		State University, Northeastern Illinois University, Northern
2		Illinois University, Western Illinois University, the
3		Cooperative Computer Center, and the Board of Trustees of the
4		Illinois Bank Examiners' Education Foundation for moneys
5		collected pursuant to subsection (11) of Section 48 of the
6		Illinois Banking Act for purposes of the Illinois Bank
7		Examiners' Education Program are subject to this Act. This Act
8		shall not apply, however, to any of the following: (i) the
9		receipt by any such officer of federal funds made available
10		under such conditions as precluded the payment thereof into the
11		State Treasury, (ii) (blank), (iii) the Director of Insurance
12		in his capacity as rehabilitator or liquidator under Article
13		XIII of the Illinois Insurance Code, (iv) funds received by the
14		Illinois State Scholarship Commission from private firms
15		employed by the State to collect delinquent amounts due and
16		owing from a borrower on any loans guaranteed by such
17		Commission under the Higher Education Student Assistance Law or
18		on any "eligible loans" as that term is defined under the
19		Education Loan Purchase Program Law, or (v) moneys collected on
20		behalf of lessees of facilities of the Department of
21		Agriculture located on the Illinois State Fairgrounds at
22		Springfield and DuQuoin. This Section 1 shall not apply to the
23		receipt of funds required to be deposited in the Industrial
24		Project Fund pursuant to Section 12 of the Rehabilitation of
25		Persons with Disabilities Disabled Persons Rehabilitation Act.
26		(Source: P.A. 92-850, eff. 8-26-02.)

HB4049 Engrossed - 415 - LRB099 03667 KTG 23678 b
1		Section 260. The General Obligation Bond Act is amended by
2		changing Section 3 as follows:
3		(30 ILCS 330/3) (from Ch. 127, par. 653)
4		Sec. 3. Capital Facilities. The amount of $9,753,963,443 is
5		authorized to be used for the acquisition, development,
6		construction, reconstruction, improvement, financing,
7		architectural planning and installation of capital facilities
8		within the State, consisting of buildings, structures, durable
9		equipment, land, interests in land, and the costs associated
10		with the purchase and implementation of information
11		technology, including but not limited to the purchase of
12		hardware and software, for the following specific purposes:
13		(a) $3,393,228,000 for educational purposes by State
14		universities and colleges, the Illinois Community College
15		Board created by the Public Community College Act and for
16		grants to public community colleges as authorized by
17		Sections 5-11 and 5-12 of the Public Community College Act;
18		(b) $1,648,420,000 for correctional purposes at State
19		prison and correctional centers;
20		(c) $599,183,000 for open spaces, recreational and
21		conservation purposes and the protection of land;
22		(d) $751,317,000 for child care facilities, mental and
23		public health facilities, and facilities for the care of
24		veterans with disabilities disabled veterans and their

HB4049 Engrossed - 416 - LRB099 03667 KTG 23678 b
1		spouses;
2		(e) $2,152,790,000 for use by the State, its
3		departments, authorities, public corporations, commissions
4		and agencies;
5		(f) $818,100 for cargo handling facilities at port
6		districts and for breakwaters, including harbor entrances,
7		at port districts in conjunction with facilities for small
8		boats and pleasure crafts;
9		(g) $297,177,074 for water resource management
10		projects;
11		(h) $16,940,269 for the provision of facilities for
12		food production research and related instructional and
13		public service activities at the State universities and
14		public community colleges;
15		(i) $36,000,000 for grants by the Secretary of State,
16		as State Librarian, for central library facilities
17		authorized by Section 8 of the Illinois Library System Act
18		and for grants by the Capital Development Board to units of
19		local government for public library facilities;
20		(j) $25,000,000 for the acquisition, development,
21		construction, reconstruction, improvement, financing,
22		architectural planning and installation of capital
23		facilities consisting of buildings, structures, durable
24		equipment and land for grants to counties, municipalities
25		or public building commissions with correctional
26		facilities that do not comply with the minimum standards of

HB4049 Engrossed - 417 - LRB099 03667 KTG 23678 b
1		the Department of Corrections under Section 3-15-2 of the
2		Unified Code of Corrections;
3		(k) $5,000,000 for grants in fiscal year 1988 by the
4		Department of Conservation for improvement or expansion of
5		aquarium facilities located on property owned by a park
6		district;
7		(l) $599,590,000 to State agencies for grants to local
8		governments for the acquisition, financing, architectural
9		planning, development, alteration, installation, and
10		construction of capital facilities consisting of
11		buildings, structures, durable equipment, and land; and
12		(m) $228,500,000 for the Illinois Open Land Trust
13		Program as defined by the Illinois Open Land Trust Act.
14		The amounts authorized above for capital facilities may be
15		used for the acquisition, installation, alteration,
16		construction, or reconstruction of capital facilities and for
17		the purchase of equipment for the purpose of major capital
18		improvements which will reduce energy consumption in State
19		buildings or facilities.
20		(Source: P.A. 98-94, eff. 7-17-13.)
21		Section 265. The Capital Development Bond Act of 1972 is
22		amended by changing Section 3 as follows:
23		(30 ILCS 420/3) (from Ch. 127, par. 753)
24		Sec. 3. The State of Illinois is authorized to issue, sell

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1		and provide for the retirement of general obligation bonds of
2		the State of Illinois in the amount of $1,737,000,000
3		hereinafter called the "Bonds", for the specific purpose of
4		providing funds for the acquisition, development,
5		construction, reconstruction, improvement, financing,
6		architectural planning and installation of capital facilities
7		consisting of buildings, structures, and durable equipment and
8		for the acquisition and improvement of real property and
9		interests in real property required, or expected to be
10		required, in connection therewith and for the acquisition,
11		protection and development of natural resources, including
12		water related resources, within the State of Illinois for open
13		spaces, water resource management, recreational and
14		conservation purposes, all within the State of Illinois.
15		The Bonds shall be used in the following specific manner:
16		(a) $636,697,287 for the acquisition, development,
17		construction, reconstruction, improvement, financing,
18		architectural planning and installation of capital facilities
19		consisting of buildings, structures, durable equipment and
20		land for educational purposes by State universities and
21		colleges, the Illinois Community College Board created by "An
22		Act in relation to the establishment, operation and maintenance
23		of public community colleges", approved July 15, 1965, as
24		amended and by the School Building Commission created by "An
25		Act to provide for the acquisition, construction, rental, and
26		disposition of buildings used for school purposes", approved

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1		June 21, 1957, as amended, or its successor, all within the
2		State of Illinois, and for grants to public community colleges
3		as authorized by Section 5-11 of the Public Community College
4		Act; and for the acquisition, development, construction,
5		reconstruction rehabilitation, improvement, architectural
6		planning and installation of capital facilities consisting of
7		durable movable equipment, including antennas and structures
8		necessarily relating thereto, for the Board of Governors of
9		State Colleges and Universities to construct educational
10		television facilities, which educational television facilities
11		may be located upon land or structures not owned by the State
12		providing that the Board of Governors has at least a 25-year
13		lease for the use of such non-state owned land or structures,
14		which lease may contain a provision making it subject to annual
15		appropriations by the General Assembly;
16		(b) $323,000,000 for the acquisition, development,
17		construction, reconstruction, improvement, financing,
18		architectural planning and installation of capital facilities
19		consisting of buildings, structures, durable equipment and
20		land for correctional purposes at State prisons and
21		correctional centers, all within the State of Illinois;
22		(c) $157,020,000 for the acquisition, development,
23		construction, reconstruction, improvement, financing,
24		architectural planning and installation of capital facilities
25		consisting of buildings, structures, durable equipment, and
26		land for open spaces, recreational and conservation purposes

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1		and the protection of land, all within the State of Illinois;
2		(d) $146,580,000 for the acquisition, development,
3		construction, reconstruction, improvement, financing,
4		architectural planning and installation of capital facilities
5		consisting of buildings, structures, durable equipment and
6		land for child care facilities, mental and public health
7		facilities, and facilities for the care of veterans with
8		disabilities disabled veterans and their spouses, all within
9		the State of Illinois;
10		(e) $348,846,200 for the acquisition, development,
11		construction, reconstruction, improvement, financing,
12		architectural planning and installation of capital facilities
13		consisting of buildings, structures, durable equipment and
14		land for use by the State, its departments, authorities, public
15		corporations, commissions and agencies;
16		(f) To reimburse the Illinois Building Authority created by
17		"An Act to create the Illinois Building Authority and to define
18		its powers and duties", as approved August 15, 1961, as
19		amended, for any and all costs and expenses incurred, and to be
20		incurred, by the Illinois Building Authority in connection with
21		the acquisition, construction, development, reconstruction,
22		improvement, planning, installation and financing of capital
23		facilities consisting of buildings, structures, equipment and
24		land as enumerated in subsections (a) through (e) hereof, and
25		in connection therewith to acquire from the Illinois Building
26		Authority any such capital facilities; provided, however, that

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1		nothing in this subparagraph shall be construed to require or
2		permit the acquisition of facilities financed by the Illinois
3		Building authority through the issuance of bonds;
4		(g) $24,853,800 for the acquisition, development,
5		construction, reconstruction, improvement, financing,
6		architectural planning and installation of buildings,
7		structures, durable equipment, and land for:
8		(1) Cargo handling facilities for use by port districts,
9		and
10		(2) Breakwaters, including harbor entrances incident
11		thereto, for use by port districts in conjunction with
12		facilities for small boats and pleasure craft;
13		(h) $39,900,000 for the acquisition, development,
14		construction, reconstruction, modification, financing,
15		architectural planning and installation of capital facilities
16		consisting of buildings, structures, durable equipment and
17		land for water resource management projects, all within the
18		State of Illinois;
19		(i) $9,852,713 for the acquisition, development,
20		construction, reconstruction, improvement, financing,
21		architectural planning and installation of capital facilities
22		consisting of buildings, structures, durable equipment and
23		land for educational purposes by nonprofit, nonpublic health
24		service educational institutions;
25		(j) $48,000,000 for the acquisition, development,
26		construction, reconstruction, improvement, financing,

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1		architectural planning and installation of capital facilities
2		consisting of buildings, structures, durable equipment and
3		land for the provision of facilities for food production
4		research and related instructional and public service
5		activities at the State universities and public community
6		colleges, all within the State of Illinois;
7		(k) $2,250,000 for grants by the Secretary of State, as
8		State Librarian, for the construction, acquisition,
9		development, reconstruction and improvement of central library
10		facilities authorized under Section 8 of "The Illinois Library
11		System Act", as amended.
12		(Source: P.A. 86-453.)
13		Section 270. The Illinois Procurement Code is amended by
14		changing Section 25-60 as follows:
15		(30 ILCS 500/25-60)
16		Sec. 25-60. Prevailing wage requirements.
17		(a) All services furnished under service contracts of
18		$2,000 or more or $200 or more per month and under printing
19		contracts shall be subject to the following prevailing wage
20		requirements:
21		(1) Not less than the general prevailing wage rate of
22		hourly wages for work of a similar character in the
23		locality in which the work is produced shall be paid by the
24		successful bidder, offeror, or potential contractor to its

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1		employees who perform the work on the State contracts. The
2		bidder, offeror, potential contractor, or contractor in
3		order to be considered to be a responsible bidder, offeror,
4		potential contractor, or contractor for the purposes of
5		this Code, shall certify to the purchasing agency that
6		wages to be paid to its employees are no less, and fringe
7		benefits and working conditions of employees are not less
8		favorable, than those prevailing in the locality where the
9		contract is to be performed. Prevailing wages and working
10		conditions shall be determined by the Director of the
11		Illinois Department of Labor.
12		(2) Whenever a collective bargaining agreement is in
13		effect between an employer, other than a governmental body,
14		and service or printing employees as defined in this
15		Section who are represented by a responsible organization
16		that is in no way influenced or controlled by the
17		management, that agreement and its provisions shall be
18		considered as conditions prevalent in that locality and
19		shall be the minimum requirements taken into consideration
20		by the Director of Labor.
21		(b) As used in this Section, "services" means janitorial
22		cleaning services, window cleaning services, building and
23		grounds services, site technician services, natural resources
24		services, food services, and security services. "Printing"
25		means and includes all processes and operations involved in
26		printing, including but not limited to letterpress, offset, and

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1		gravure processes, the multilith method, photographic or other
2		duplicating process, the operations of composition,
3		platemaking, presswork, and binding, and the end products of
4		those processes, methods, and operations. As used in this Code
5		"printing" does not include photocopiers used in the course of
6		normal business activities, photographic equipment used for
7		geographic mapping, or printed matter that is commonly
8		available to the general public from contractor inventory.
9		(c) The terms "general prevailing rate of hourly wages",
10		"general prevailing rate of wages", or "prevailing rate of
11		wages" when used in this Section mean the hourly cash wages
12		plus fringe benefits for health and welfare, insurance,
13		vacations, and pensions paid generally, in the locality in
14		which the work is being performed, to employees engaged in work
15		of a similar character.
16		(d) "Locality" shall have the meaning established by rule.
17		(e) This Section does not apply to services furnished under
18		contracts for professional or artistic services.
19		(f) This Section does not apply to vocational programs of
20		training for persons with physical or mental disabilities
21		physically or mentally handicapped persons or to sheltered
22		workshops for persons with severe disabilities the severely
23		disabled.
24		(Source: P.A. 98-1076, eff. 1-1-15.)
25		Section 275. The Business Enterprise for Minorities,

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1		Females, and Persons with Disabilities Act is amended by
2		changing Section 2 as follows:
3		(30 ILCS 575/2)
4		(Section scheduled to be repealed on June 30, 2016)
5		Sec. 2. Definitions.
6		(A) For the purpose of this Act, the following terms shall
7		have the following definitions:
8		(1) "Minority person" shall mean a person who is a
9		citizen or lawful permanent resident of the United States
10		and who is any of the following:
11		(a) American Indian or Alaska Native (a person
12		having origins in any of the original peoples of North
13		and South America, including Central America, and who
14		maintains tribal affiliation or community attachment).
15		(b) Asian (a person having origins in any of the
16		original peoples of the Far East, Southeast Asia, or
17		the Indian subcontinent, including, but not limited
18		to, Cambodia, China, India, Japan, Korea, Malaysia,
19		Pakistan, the Philippine Islands, Thailand, and
20		Vietnam).
21		(c) Black or African American (a person having
22		origins in any of the black racial groups of Africa).
23		Terms such as "Haitian" or "Negro" can be used in
24		addition to "Black or African American".
25		(d) Hispanic or Latino (a person of Cuban, Mexican,

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1		Puerto Rican, South or Central American, or other
2		Spanish culture or origin, regardless of race).
3		(e) Native Hawaiian or Other Pacific Islander (a
4		person having origins in any of the original peoples of
5		Hawaii, Guam, Samoa, or other Pacific Islands).
6		(2) "Female" shall mean a person who is a citizen or
7		lawful permanent resident of the United States and who is
8		of the female gender.
9		(2.05) "Person with a disability" means a person who is
10		a citizen or lawful resident of the United States and is a
11		person qualifying as a person with a disability being
12		disabled under subdivision (2.1) of this subsection (A).
13		(2.1) "Person with a disability Disabled" means a
14		person with a severe physical or mental disability that:
15		(a) results from:
16		amputation,
17		arthritis,
18		autism,
19		blindness,
20		burn injury,
21		cancer,
22		cerebral palsy,
23		Crohn's disease,
24		cystic fibrosis,
25		deafness,
26		head injury,

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1		heart disease,
2		hemiplegia,
3		hemophilia,
4		respiratory or pulmonary dysfunction,
5		an intellectual disability,
6		mental illness,
7		multiple sclerosis,
8		muscular dystrophy,
9		musculoskeletal disorders,
10		neurological disorders, including stroke and
11		epilepsy,
12		paraplegia,
13		quadriplegia and other spinal cord conditions,
14		sickle cell anemia,
15		ulcerative colitis,
16		specific learning disabilities, or
17		end stage renal failure disease; and
18		(b) substantially limits one or more of the
19		person's major life activities.
20		Another disability or combination of disabilities may
21		also be considered as a severe disability for the purposes
22		of item (a) of this subdivision (2.1) if it is determined
23		by an evaluation of rehabilitation potential to cause a
24		comparable degree of substantial functional limitation
25		similar to the specific list of disabilities listed in item
26		(a) of this subdivision (2.1).

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1		(3) "Minority owned business" means a business concern
2		which is at least 51% owned by one or more minority
3		persons, or in the case of a corporation, at least 51% of
4		the stock in which is owned by one or more minority
5		persons; and the management and daily business operations
6		of which are controlled by one or more of the minority
7		individuals who own it.
8		(4) "Female owned business" means a business concern
9		which is at least 51% owned by one or more females, or, in
10		the case of a corporation, at least 51% of the stock in
11		which is owned by one or more females; and the management
12		and daily business operations of which are controlled by
13		one or more of the females who own it.
14		(4.1) "Business owned by a person with a disability"
15		means a business concern that is at least 51% owned by one
16		or more persons with a disability and the management and
17		daily business operations of which are controlled by one or
18		more of the persons with disabilities who own it. A
19		not-for-profit agency for persons with disabilities that
20		is exempt from taxation under Section 501 of the Internal
21		Revenue Code of 1986 is also considered a "business owned
22		by a person with a disability".
23		(4.2) "Council" means the Business Enterprise Council
24		for Minorities, Females, and Persons with Disabilities
25		created under Section 5 of this Act.
26		(5) "State contracts" shall mean all State contracts,

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1		funded exclusively with State funds which are not subject
2		to federal reimbursement, whether competitively bid or
3		negotiated as defined by the Secretary of the Council and
4		approved by the Council.
5		"State construction contracts" means all State
6		contracts entered into by a State agency or State
7		university for the repair, remodeling, renovation or
8		construction of a building or structure, or for the
9		construction or maintenance of a highway defined in Article
10		2 of the Illinois Highway Code.
11		(6) "State agencies" shall mean all departments,
12		officers, boards, commissions, institutions and bodies
13		politic and corporate of the State, but does not include
14		the Board of Trustees of the University of Illinois, the
15		Board of Trustees of Southern Illinois University, the
16		Board of Trustees of Chicago State University, the Board of
17		Trustees of Eastern Illinois University, the Board of
18		Trustees of Governors State University, the Board of
19		Trustees of Illinois State University, the Board of
20		Trustees of Northeastern Illinois University, the Board of
21		Trustees of Northern Illinois University, the Board of
22		Trustees of Western Illinois University, municipalities or
23		other local governmental units, or other State
24		constitutional officers.
25		(7) "State universities" shall mean the Board of
26		Trustees of the University of Illinois, the Board of

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1		Trustees of Southern Illinois University, the Board of
2		Trustees of Chicago State University, the Board of Trustees
3		of Eastern Illinois University, the Board of Trustees of
4		Governors State University, the Board of Trustees of
5		Illinois State University, the Board of Trustees of
6		Northeastern Illinois University, the Board of Trustees of
7		Northern Illinois University, and the Board of Trustees of
8		Western Illinois University.
9		(8) "Certification" means a determination made by the
10		Council or by one delegated authority from the Council to
11		make certifications, or by a State agency with statutory
12		authority to make such a certification, that a business
13		entity is a business owned by a minority, female, or person
14		with a disability for whatever purpose. A business owned
15		and controlled by females shall be certified as a "female
16		owned business". A business owned and controlled by females
17		who are also minorities shall be certified as both a
18		"female owned business" and a "minority owned business".
19		(9) "Control" means the exclusive or ultimate and sole
20		control of the business including, but not limited to,
21		capital investment and all other financial matters,
22		property, acquisitions, contract negotiations, legal
23		matters, officer-director-employee selection and
24		comprehensive hiring, operating responsibilities,
25		cost-control matters, income and dividend matters,
26		financial transactions and rights of other shareholders or

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1		joint partners. Control shall be real, substantial and
2		continuing, not pro forma. Control shall include the power
3		to direct or cause the direction of the management and
4		policies of the business and to make the day-to-day as well
5		as major decisions in matters of policy, management and
6		operations. Control shall be exemplified by possessing the
7		requisite knowledge and expertise to run the particular
8		business and control shall not include simple majority or
9		absentee ownership.
10		(10) "Business concern or business" means a business
11		that has annual gross sales of less than $75,000,000 as
12		evidenced by the federal income tax return of the business.
13		A firm with gross sales in excess of this cap may apply to
14		the Council for certification for a particular contract if
15		the firm can demonstrate that the contract would have
16		significant impact on businesses owned by minorities,
17		females, or persons with disabilities as suppliers or
18		subcontractors or in employment of minorities, females, or
19		persons with disabilities.
20		(B) When a business concern is owned at least 51% by any
21		combination of minority persons, females, or persons with
22		disabilities, even though none of the 3 classes alone holds at
23		least a 51% interest, the ownership requirement for purposes of
24		this Act is considered to be met. The certification category
25		for the business is that of the class holding the largest
26		ownership interest in the business. If 2 or more classes have

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1		equal ownership interests, the certification category shall be
2		determined by the business concern.
3		(Source: P.A. 97-227, eff. 1-1-12; 97-396, eff. 1-1-12; 97-813,
4		eff. 7-13-12; 98-95, eff. 7-17-13.)
5		Section 280. The State Facilities Closure Act is amended by
6		changing Section 5-10 as follows:
7		(30 ILCS 608/5-10)
8		Sec. 5-10. Facility closure process.
9		(a) Before a State facility may be closed, the State
10		executive branch officer with jurisdiction over the facility
11		shall file notice of the proposed closure with the Commission.
12		The notice must be filed within 2 days after the first public
13		announcement of any planned or proposed closure. Within 10 days
14		after it receives notice of the proposed closure, the
15		Commission, in its discretion, may require the State executive
16		branch officer with jurisdiction over the facility to file a
17		recommendation for the closure of the facility with the
18		Commission. In the case of a proposed closure of: (i) a prison,
19		youth center, work camp, or work release center operated by the
20		Department of Corrections; (ii) a school, mental health center,
21		or center for persons with developmental disabilities the
22		developmentally disabled operated by the Department of Human
23		Services; or (iii) a residential facility operated by the
24		Department of Veterans' Affairs, the Commission must require

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1		the executive branch officers to file a recommendation for
2		closure. The recommendation must be filed within 30 days after
3		the Commission delivers the request for recommendation to the
4		State executive branch officer. The recommendation must
5		include, but is not limited to, the following:
6		(1) the location and identity of the State facility
7		proposed to be closed;
8		(2) the number of employees for which the State
9		facility is the primary stationary work location and the
10		effect of the closure of the facility on those employees;
11		(3) the location or locations to which the functions
12		and employees of the State facility would be moved;
13		(4) the availability and condition of land and
14		facilities at both the existing location and any potential
15		locations;
16		(5) the ability to accommodate the functions and
17		employees at the existing and at any potential locations;
18		(6) the cost of operations of the State facility and at
19		any potential locations and any other related budgetary
20		impacts;
21		(7) the economic impact on existing communities in the
22		vicinity of the State facility and any potential facility;
23		(8) the ability of the existing and any potential
24		community's infrastructure to support the functions and
25		employees;
26		(9) the impact on State services delivered at the

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1		existing location, in direct relation to the State services
2		expected to be delivered at any potential locations; and
3		(10) the environmental impact, including the impact of
4		costs related to potential environmental restoration,
5		waste management, and environmental compliance activities.
6		(b) If a recommendation is required by the Commission, a
7		30-day public comment period must follow the filing of the
8		recommendation. The Commission, in its discretion, may conduct
9		one or more public hearings on the recommendation. In the case
10		of a proposed closure of: (i) a prison, youth center, work
11		camp, or work release center operated by the Department of
12		Corrections; (ii) a school, mental health center, or center for
13		persons with developmental disabilities the developmentally
14		disabled operated by the Department of Human Services; or (iii)
15		a residential facility operated by the Department of Veterans'
16		Affairs, the Commission must conduct one or more public
17		hearings on the recommendation. Public hearings conducted by
18		the Commission shall be conducted no later than 35 days after
19		the filing of the recommendation. At least one of the public
20		hearings on the recommendation shall be held at a convenient
21		location within 25 miles of the facility for which closure is
22		recommended. The Commission shall provide reasonable notice of
23		the comment period and of any public hearings to the public and
24		to units of local government and school districts that are
25		located within 25 miles of the facility.
26		(c) Within 50 days after the State executive branch officer

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1		files the required recommendation, the Commission shall issue
2		an advisory opinion on that recommendation. The Commission
3		shall file the advisory opinion with the appropriate State
4		executive branch officer, the Governor, the General Assembly,
5		and the Index Department of the Office of the Secretary of
6		State and shall make copies of the advisory opinion available
7		to the public upon request.
8		(d) No action may be taken to implement the recommendation
9		for closure of a State facility until 50 days after the filing
10		of any required recommendation.
11		(e) The requirements of this Section do not apply if all of
12		the functions and employees of a State facility are relocated
13		to another State facility that is within 10 miles of the closed
14		facility.
15		(Source: P.A. 93-839, eff. 7-30-04; 94-688, eff. 1-1-06.)
16		Section 285. The Downstate Public Transportation Act is
17		amended by changing Sections 2-5.1, 2-15.2, and 2-15.3 as
18		follows:
19		(30 ILCS 740/2-5.1)
20		Sec. 2-5.1. Additional requirements.
21		(a) Any unit of local government that becomes a participant
22		on or after the effective date of this amendatory Act of the
23		94th General Assembly shall, in addition to any other
24		requirements under this Article, meet all of the following

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1		requirements when applying for grants under this Article:
2		(1) The grant application must demonstrate the
3		participant's plan to provide general public
4		transportation with an emphasis on persons with
5		disabilities and elderly, disabled, and economically
6		disadvantaged populations.
7		(2) The grant application must demonstrate the
8		participant's plan for interagency coordination that, at a
9		minimum, allows the participation of all State-funded and
10		federally-funded agencies and programs with transportation
11		needs in the proposed service area in the development of
12		the applicant's public transportation program.
13		(3) Any participant serving a nonurbanized area that is
14		not receiving Federal Section 5311 funding must meet the
15		operating and safety compliance requirements as set forth
16		in that federal program.
17		(4) The participant is required to hold public hearings
18		to allow comment on the proposed service plan in all
19		municipalities with populations of 1,500 inhabitants or
20		more within the proposed service area.
21		(b) Service extensions by any participant after July 1,
22		2005 by either annexation or intergovernmental agreement must
23		meet the 4 requirements of subsection (a).
24		(c) In order to receive funding, the Department shall
25		certify that the participant has met the requirements of this
26		Section. Funding priority shall be given to service extension,

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1		multi-county, and multi-jurisdictional projects.
2		(d) The Department shall develop an annual application
3		process for existing or potential participants to request an
4		initial appropriation or an appropriation exceeding the
5		formula amount found in subsection (b-10) of Section 2-7 for
6		funding service in new areas in the next fiscal year. The
7		application shall include, but not be limited to, a description
8		of the new service area, proposed service in the new area, and
9		a budget for providing existing and new service. The Department
10		shall review the application for reasonableness and compliance
11		with the requirements of this Section, and, if it approves the
12		application, shall recommend to the Governor an appropriation
13		for the next fiscal year in an amount sufficient to provide 65%
14		of projected eligible operating expenses associated with a new
15		participant's service area or the portion of an existing
16		participant's service area that has been expanded by annexation
17		or intergovernmental agreement. The recommended appropriation
18		for the next fiscal year may exceed the formula amount found in
19		subsection (b-10) of Section 2-7.
20		(Source: P.A. 96-1458, eff. 1-1-11.)
21		(30 ILCS 740/2-15.2)
22		Sec. 2-15.2. Free services; eligibility.
23		(a) Notwithstanding any law to the contrary, no later than
24		60 days following the effective date of this amendatory Act of
25		the 95th General Assembly and until subsection (b) is

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1		implemented, any fixed route public transportation services
2		provided by, or under grant or purchase of service contracts
3		of, every participant, as defined in Section 2-2.02 (1)(a),
4		shall be provided without charge to all senior citizen
5		residents of the participant aged 65 and older, under such
6		conditions as shall be prescribed by the participant.
7		(b) Notwithstanding any law to the contrary, no later than
8		180 days following the effective date of this amendatory Act of
9		the 96th General Assembly, any fixed route public
10		transportation services provided by, or under grant or purchase
11		of service contracts of, every participant, as defined in
12		Section 2-2.02 (1)(a), shall be provided without charge to
13		senior citizens aged 65 and older who meet the income
14		eligibility limitation set forth in subsection (a-5) of Section
15		4 of the Senior Citizens and Persons with Disabilities Disabled
16		Persons Property Tax Relief Act, under such conditions as shall
17		be prescribed by the participant. The Department on Aging shall
18		furnish all information reasonably necessary to determine
19		eligibility, including updated lists of individuals who are
20		eligible for services without charge under this Section.
21		Nothing in this Section shall relieve the participant from
22		providing reduced fares as may be required by federal law.
23		(Source: P.A. 96-1527, eff. 2-14-11; 97-689, eff. 6-14-12.)
24		(30 ILCS 740/2-15.3)
25		Sec. 2-15.3. Transit services for individuals with

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1		disabilities disabled individuals. Notwithstanding any law to
2		the contrary, no later than 60 days following the effective
3		date of this amendatory Act of the 95th General Assembly, all
4		fixed route public transportation services provided by, or
5		under grant or purchase of service contract of, any participant
6		shall be provided without charge to all persons with
7		disabilities disabled persons who meet the income eligibility
8		limitation set forth in subsection (a-5) of Section 4 of the
9		Senior Citizens and Persons with Disabilities Disabled Persons
10		Property Tax Relief Act, under such procedures as shall be
11		prescribed by the participant. The Department on Aging shall
12		furnish all information reasonably necessary to determine
13		eligibility, including updated lists of individuals who are
14		eligible for services without charge under this Section.
15		(Source: P.A. 97-689, eff. 6-14-12.)
16		Section 290. The Build Illinois Act is amended by changing
17		Section 9-4.3 as follows:
18		(30 ILCS 750/9-4.3) (from Ch. 127, par. 2709-4.3)
19		Sec. 9-4.3. Minority, veteran, female and disability
20		loans.
21		(a) In the making of loans for minority, veteran, female or
22		disability small businesses, as defined below, the Department
23		is authorized to employ different criteria in lieu of the
24		general provisions of subsections (b), (d), (e), (f), (h), and

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1		(i) of Section 9-4.
2		Minority, veteran, female or disability small businesses,
3		for the purpose of this Section, shall be defined as small
4		businesses that are, in the Department's judgment, at least 51%
5		owned and managed by one or more persons who are minority or ,
6		female or who have a disability disabled or who are veterans.
7		(b) Loans made pursuant to this Section:
8		(1) Shall not exceed $100,000 or 50% of the business
9		project costs unless the Director of the Department
10		determines that a waiver of these limits is required to
11		meet the purposes of this Act.
12		(2) Shall only be made if, in the Department's
13		judgment, the number of jobs to be created or retained is
14		reasonable in relation to the loan funds requested.
15		(3) Shall be protected by security. Financial
16		assistance may be secured by first, second or subordinate
17		mortgage positions on real or personal property, by royalty
18		payments, by personal notes or guarantees, or by any other
19		security satisfactory to the Department to secure
20		repayment. Security valuation requirements, as determined
21		by the Department, for the purposes of this Section, may be
22		less than required for similar loans not covered by this
23		Section, provided the applicants demonstrate adequate
24		business experience, entrepreneurial training or
25		combination thereof, as determined by the Department.
26		(4) Shall be in such principal amount and form and

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1		contain such terms and provisions with respect to security,
2		insurance, reporting, delinquency charges, default
3		remedies, and other matters as the Department shall
4		determine appropriate to protect the public interest and
5		consistent with the purposes of this Section. The terms and
6		provisions may be less than required for similar loans not
7		covered by this Section.
8		(Source: P.A. 95-97, eff. 1-1-08; 96-1106, eff. 7-19-10.)
9		Section 295. The Illinois Income Tax Act is amended by
10		changing Sections 507XX and 917 as follows:
11		(35 ILCS 5/507XX)
12		Sec. 507XX. The property tax relief checkoff for veterans
13		with disabilities disabled veterans property tax relief
14		checkoff. For taxable years ending on or after December 31,
15		2010, the Department shall print, on its standard individual
16		income tax form, a provision indicating that, if the taxpayer
17		wishes to contribute to the Property Tax Relief for Veterans
18		with Disabilities Disabled Veterans Property Tax Relief Fund,
19		as authorized by this amendatory Act of the 96th General
20		Assembly, then he or she may do so by stating the amount of the
21		contribution (not less than $1) on the return and indicating
22		that the contribution will reduce the taxpayer's refund or
23		increase the amount of payment to accompany the return. The
24		taxpayer's failure to remit any amount of the increased payment

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1		reduces the contribution accordingly. This Section does not
2		apply to any amended return.
3		(Source: P.A. 96-1424, eff. 8-3-10.)
4		(35 ILCS 5/917) (from Ch. 120, par. 9-917)
5		Sec. 917. Confidentiality and information sharing.
6		(a) Confidentiality. Except as provided in this Section,
7		all information received by the Department from returns filed
8		under this Act, or from any investigation conducted under the
9		provisions of this Act, shall be confidential, except for
10		official purposes within the Department or pursuant to official
11		procedures for collection of any State tax or pursuant to an
12		investigation or audit by the Illinois State Scholarship
13		Commission of a delinquent student loan or monetary award or
14		enforcement of any civil or criminal penalty or sanction
15		imposed by this Act or by another statute imposing a State tax,
16		and any person who divulges any such information in any manner,
17		except for such purposes and pursuant to order of the Director
18		or in accordance with a proper judicial order, shall be guilty
19		of a Class A misdemeanor. However, the provisions of this
20		paragraph are not applicable to information furnished to (i)
21		the Department of Healthcare and Family Services (formerly
22		Department of Public Aid), State's Attorneys, and the Attorney
23		General for child support enforcement purposes and (ii) a
24		licensed attorney representing the taxpayer where an appeal or
25		a protest has been filed on behalf of the taxpayer. If it is

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1		necessary to file information obtained pursuant to this Act in
2		a child support enforcement proceeding, the information shall
3		be filed under seal.
4		(b) Public information. Nothing contained in this Act shall
5		prevent the Director from publishing or making available to the
6		public the names and addresses of persons filing returns under
7		this Act, or from publishing or making available reasonable
8		statistics concerning the operation of the tax wherein the
9		contents of returns are grouped into aggregates in such a way
10		that the information contained in any individual return shall
11		not be disclosed.
12		(c) Governmental agencies. The Director may make available
13		to the Secretary of the Treasury of the United States or his
14		delegate, or the proper officer or his delegate of any other
15		state imposing a tax upon or measured by income, for
16		exclusively official purposes, information received by the
17		Department in the administration of this Act, but such
18		permission shall be granted only if the United States or such
19		other state, as the case may be, grants the Department
20		substantially similar privileges. The Director may exchange
21		information with the Department of Healthcare and Family
22		Services and the Department of Human Services (acting as
23		successor to the Department of Public Aid under the Department
24		of Human Services Act) for the purpose of verifying sources and
25		amounts of income and for other purposes directly connected
26		with the administration of this Act, the Illinois Public Aid

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1		Code, and any other health benefit program administered by the
2		State. The Director may exchange information with the Director
3		of the Department of Employment Security for the purpose of
4		verifying sources and amounts of income and for other purposes
5		directly connected with the administration of this Act and Acts
6		administered by the Department of Employment Security. The
7		Director may make available to the Illinois Workers'
8		Compensation Commission information regarding employers for
9		the purpose of verifying the insurance coverage required under
10		the Workers' Compensation Act and Workers' Occupational
11		Diseases Act. The Director may exchange information with the
12		Illinois Department on Aging for the purpose of verifying
13		sources and amounts of income for purposes directly related to
14		confirming eligibility for participation in the programs of
15		benefits authorized by the Senior Citizens and Persons with
16		Disabilities Disabled Persons Property Tax Relief and
17		Pharmaceutical Assistance Act.
18		The Director may make available to any State agency,
19		including the Illinois Supreme Court, which licenses persons to
20		engage in any occupation, information that a person licensed by
21		such agency has failed to file returns under this Act or pay
22		the tax, penalty and interest shown therein, or has failed to
23		pay any final assessment of tax, penalty or interest due under
24		this Act. The Director may make available to any State agency,
25		including the Illinois Supreme Court, information regarding
26		whether a bidder, contractor, or an affiliate of a bidder or

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1		contractor has failed to file returns under this Act or pay the
2		tax, penalty, and interest shown therein, or has failed to pay
3		any final assessment of tax, penalty, or interest due under
4		this Act, for the limited purpose of enforcing bidder and
5		contractor certifications. For purposes of this Section, the
6		term "affiliate" means any entity that (1) directly,
7		indirectly, or constructively controls another entity, (2) is
8		directly, indirectly, or constructively controlled by another
9		entity, or (3) is subject to the control of a common entity.
10		For purposes of this subsection (a), an entity controls another
11		entity if it owns, directly or individually, more than 10% of
12		the voting securities of that entity. As used in this
13		subsection (a), the term "voting security" means a security
14		that (1) confers upon the holder the right to vote for the
15		election of members of the board of directors or similar
16		governing body of the business or (2) is convertible into, or
17		entitles the holder to receive upon its exercise, a security
18		that confers such a right to vote. A general partnership
19		interest is a voting security.
20		The Director may make available to any State agency,
21		including the Illinois Supreme Court, units of local
22		government, and school districts, information regarding
23		whether a bidder or contractor is an affiliate of a person who
24		is not collecting and remitting Illinois Use taxes, for the
25		limited purpose of enforcing bidder and contractor
26		certifications.

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1		The Director may also make available to the Secretary of
2		State information that a corporation which has been issued a
3		certificate of incorporation by the Secretary of State has
4		failed to file returns under this Act or pay the tax, penalty
5		and interest shown therein, or has failed to pay any final
6		assessment of tax, penalty or interest due under this Act. An
7		assessment is final when all proceedings in court for review of
8		such assessment have terminated or the time for the taking
9		thereof has expired without such proceedings being instituted.
10		For taxable years ending on or after December 31, 1987, the
11		Director may make available to the Director or principal
12		officer of any Department of the State of Illinois, information
13		that a person employed by such Department has failed to file
14		returns under this Act or pay the tax, penalty and interest
15		shown therein. For purposes of this paragraph, the word
16		"Department" shall have the same meaning as provided in Section
17		3 of the State Employees Group Insurance Act of 1971.
18		(d) The Director shall make available for public inspection
19		in the Department's principal office and for publication, at
20		cost, administrative decisions issued on or after January 1,
21		1995. These decisions are to be made available in a manner so
22		that the following taxpayer information is not disclosed:
23		(1) The names, addresses, and identification numbers
24		of the taxpayer, related entities, and employees.
25		(2) At the sole discretion of the Director, trade
26		secrets or other confidential information identified as

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1		such by the taxpayer, no later than 30 days after receipt
2		of an administrative decision, by such means as the
3		Department shall provide by rule.
4		The Director shall determine the appropriate extent of the
5		deletions allowed in paragraph (2). In the event the taxpayer
6		does not submit deletions, the Director shall make only the
7		deletions specified in paragraph (1).
8		The Director shall make available for public inspection and
9		publication an administrative decision within 180 days after
10		the issuance of the administrative decision. The term
11		"administrative decision" has the same meaning as defined in
12		Section 3-101 of Article III of the Code of Civil Procedure.
13		Costs collected under this Section shall be paid into the Tax
14		Compliance and Administration Fund.
15		(e) Nothing contained in this Act shall prevent the
16		Director from divulging information to any person pursuant to a
17		request or authorization made by the taxpayer, by an authorized
18		representative of the taxpayer, or, in the case of information
19		related to a joint return, by the spouse filing the joint
20		return with the taxpayer.
21		(Source: P.A. 95-331, eff. 8-21-07; 96-1501, eff. 1-25-11.)
22		Section 300. The Use Tax Act is amended by changing
23		Sections 3-8 and 3-10 as follows:
24		(35 ILCS 105/3-8)

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1		Sec. 3-8. Hospital exemption.
2		(a) Tangible personal property sold to or used by a
3		hospital owner that owns one or more hospitals licensed under
4		the Hospital Licensing Act or operated under the University of
5		Illinois Hospital Act, or a hospital affiliate that is not
6		already exempt under another provision of this Act and meets
7		the criteria for an exemption under this Section, is exempt
8		from taxation under this Act.
9		(b) A hospital owner or hospital affiliate satisfies the
10		conditions for an exemption under this Section if the value of
11		qualified services or activities listed in subsection (c) of
12		this Section for the hospital year equals or exceeds the
13		relevant hospital entity's estimated property tax liability,
14		without regard to any property tax exemption granted under
15		Section 15-86 of the Property Tax Code, for the calendar year
16		in which exemption or renewal of exemption is sought. For
17		purposes of making the calculations required by this subsection
18		(b), if the relevant hospital entity is a hospital owner that
19		owns more than one hospital, the value of the services or
20		activities listed in subsection (c) shall be calculated on the
21		basis of only those services and activities relating to the
22		hospital that includes the subject property, and the relevant
23		hospital entity's estimated property tax liability shall be
24		calculated only with respect to the properties comprising that
25		hospital. In the case of a multi-state hospital system or
26		hospital affiliate, the value of the services or activities

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1		listed in subsection (c) shall be calculated on the basis of
2		only those services and activities that occur in Illinois and
3		the relevant hospital entity's estimated property tax
4		liability shall be calculated only with respect to its property
5		located in Illinois.
6		(c) The following services and activities shall be
7		considered for purposes of making the calculations required by
8		subsection (b):
9		(1) Charity care. Free or discounted services provided
10		pursuant to the relevant hospital entity's financial
11		assistance policy, measured at cost, including discounts
12		provided under the Hospital Uninsured Patient Discount
13		Act.
14		(2) Health services to low-income and underserved
15		individuals. Other unreimbursed costs of the relevant
16		hospital entity for providing without charge, paying for,
17		or subsidizing goods, activities, or services for the
18		purpose of addressing the health of low-income or
19		underserved individuals. Those activities or services may
20		include, but are not limited to: financial or in-kind
21		support to affiliated or unaffiliated hospitals, hospital
22		affiliates, community clinics, or programs that treat
23		low-income or underserved individuals; paying for or
24		subsidizing health care professionals who care for
25		low-income or underserved individuals; providing or
26		subsidizing outreach or educational services to low-income

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1		or underserved individuals for disease management and
2		prevention; free or subsidized goods, supplies, or
3		services needed by low-income or underserved individuals
4		because of their medical condition; and prenatal or
5		childbirth outreach to low-income or underserved persons.
6		(3) Subsidy of State or local governments. Direct or
7		indirect financial or in-kind subsidies of State or local
8		governments by the relevant hospital entity that pay for or
9		subsidize activities or programs related to health care for
10		low-income or underserved individuals.
11		(4) Support for State health care programs for
12		low-income individuals. At the election of the hospital
13		applicant for each applicable year, either (A) 10% of
14		payments to the relevant hospital entity and any hospital
15		affiliate designated by the relevant hospital entity
16		(provided that such hospital affiliate's operations
17		provide financial or operational support for or receive
18		financial or operational support from the relevant
19		hospital entity) under Medicaid or other means-tested
20		programs, including, but not limited to, General
21		Assistance, the Covering ALL KIDS Health Insurance Act, and
22		the State Children's Health Insurance Program or (B) the
23		amount of subsidy provided by the relevant hospital entity
24		and any hospital affiliate designated by the relevant
25		hospital entity (provided that such hospital affiliate's
26		operations provide financial or operational support for or

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1		receive financial or operational support from the relevant
2		hospital entity) to State or local government in treating
3		Medicaid recipients and recipients of means-tested
4		programs, including but not limited to General Assistance,
5		the Covering ALL KIDS Health Insurance Act, and the State
6		Children's Health Insurance Program. The amount of subsidy
7		for purpose of this item (4) is calculated in the same
8		manner as unreimbursed costs are calculated for Medicaid
9		and other means-tested government programs in the Schedule
10		H of IRS Form 990 in effect on the effective date of this
11		amendatory Act of the 97th General Assembly.
12		(5) Dual-eligible subsidy. The amount of subsidy
13		provided to government by treating dual-eligible
14		Medicare/Medicaid patients. The amount of subsidy for
15		purposes of this item (5) is calculated by multiplying the
16		relevant hospital entity's unreimbursed costs for
17		Medicare, calculated in the same manner as determined in
18		the Schedule H of IRS Form 990 in effect on the effective
19		date of this amendatory Act of the 97th General Assembly,
20		by the relevant hospital entity's ratio of dual-eligible
21		patients to total Medicare patients.
22		(6) Relief of the burden of government related to
23		health care. Except to the extent otherwise taken into
24		account in this subsection, the portion of unreimbursed
25		costs of the relevant hospital entity attributable to
26		providing, paying for, or subsidizing goods, activities,

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1		or services that relieve the burden of government related
2		to health care for low-income individuals. Such activities
3		or services shall include, but are not limited to,
4		providing emergency, trauma, burn, neonatal, psychiatric,
5		rehabilitation, or other special services; providing
6		medical education; and conducting medical research or
7		training of health care professionals. The portion of those
8		unreimbursed costs attributable to benefiting low-income
9		individuals shall be determined using the ratio calculated
10		by adding the relevant hospital entity's costs
11		attributable to charity care, Medicaid, other means-tested
12		government programs, Medicare patients with disabilities
13		disabled Medicare patients under age 65, and dual-eligible
14		Medicare/Medicaid patients and dividing that total by the
15		relevant hospital entity's total costs. Such costs for the
16		numerator and denominator shall be determined by
17		multiplying gross charges by the cost to charge ratio taken
18		from the hospital's most recently filed Medicare cost
19		report (CMS 2252-10 Worksheet, Part I). In the case of
20		emergency services, the ratio shall be calculated using
21		costs (gross charges multiplied by the cost to charge ratio
22		taken from the hospital's most recently filed Medicare cost
23		report (CMS 2252-10 Worksheet, Part I)) of patients treated
24		in the relevant hospital entity's emergency department.
25		(7) Any other activity by the relevant hospital entity
26		that the Department determines relieves the burden of

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1		government or addresses the health of low-income or
2		underserved individuals.
3		(d) The hospital applicant shall include information in its
4		exemption application establishing that it satisfies the
5		requirements of subsection (b). For purposes of making the
6		calculations required by subsection (b), the hospital
7		applicant may for each year elect to use either (1) the value
8		of the services or activities listed in subsection (e) for the
9		hospital year or (2) the average value of those services or
10		activities for the 3 fiscal years ending with the hospital
11		year. If the relevant hospital entity has been in operation for
12		less than 3 completed fiscal years, then the latter
13		calculation, if elected, shall be performed on a pro rata
14		basis.
15		(e) For purposes of making the calculations required by
16		this Section:
17		(1) particular services or activities eligible for
18		consideration under any of the paragraphs (1) through (7)
19		of subsection (c) may not be counted under more than one of
20		those paragraphs; and
21		(2) the amount of unreimbursed costs and the amount of
22		subsidy shall not be reduced by restricted or unrestricted
23		payments received by the relevant hospital entity as
24		contributions deductible under Section 170(a) of the
25		Internal Revenue Code.
26		(f) (Blank).

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1		(g) Estimation of Exempt Property Tax Liability. The
2		estimated property tax liability used for the determination in
3		subsection (b) shall be calculated as follows:
4		(1) "Estimated property tax liability" means the
5		estimated dollar amount of property tax that would be owed,
6		with respect to the exempt portion of each of the relevant
7		hospital entity's properties that are already fully or
8		partially exempt, or for which an exemption in whole or in
9		part is currently being sought, and then aggregated as
10		applicable, as if the exempt portion of those properties
11		were subject to tax, calculated with respect to each such
12		property by multiplying:
13		(A) the lesser of (i) the actual assessed value, if
14		any, of the portion of the property for which an
15		exemption is sought or (ii) an estimated assessed value
16		of the exempt portion of such property as determined in
17		item (2) of this subsection (g), by
18		(B) the applicable State equalization rate
19		(yielding the equalized assessed value), by
20		(C) the applicable tax rate.
21		(2) The estimated assessed value of the exempt portion
22		of the property equals the sum of (i) the estimated fair
23		market value of buildings on the property, as determined in
24		accordance with subparagraphs (A) and (B) of this item (2),
25		multiplied by the applicable assessment factor, and (ii)
26		the estimated assessed value of the land portion of the

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1		property, as determined in accordance with subparagraph
2		(C).
3		(A) The "estimated fair market value of buildings
4		on the property" means the replacement value of any
5		exempt portion of buildings on the property, minus
6		depreciation, determined utilizing the cost
7		replacement method whereby the exempt square footage
8		of all such buildings is multiplied by the replacement
9		cost per square foot for Class A Average building found
10		in the most recent edition of the Marshall & Swift
11		Valuation Services Manual, adjusted by any appropriate
12		current cost and local multipliers.
13		(B) Depreciation, for purposes of calculating the
14		estimated fair market value of buildings on the
15		property, is applied by utilizing a weighted mean life
16		for the buildings based on original construction and
17		assuming a 40-year life for hospital buildings and the
18		applicable life for other types of buildings as
19		specified in the American Hospital Association
20		publication "Estimated Useful Lives of Depreciable
21		Hospital Assets". In the case of hospital buildings,
22		the remaining life is divided by 40 and this ratio is
23		multiplied by the replacement cost of the buildings to
24		obtain an estimated fair market value of buildings. If
25		a hospital building is older than 35 years, a remaining
26		life of 5 years for residual value is assumed; and if a

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1		building is less than 8 years old, a remaining life of
2		32 years is assumed.
3		(C) The estimated assessed value of the land
4		portion of the property shall be determined by
5		multiplying (i) the per square foot average of the
6		assessed values of three parcels of land (not including
7		farm land, and excluding the assessed value of the
8		improvements thereon) reasonably comparable to the
9		property, by (ii) the number of square feet comprising
10		the exempt portion of the property's land square
11		footage.
12		(3) The assessment factor, State equalization rate,
13		and tax rate (including any special factors such as
14		Enterprise Zones) used in calculating the estimated
15		property tax liability shall be for the most recent year
16		that is publicly available from the applicable chief county
17		assessment officer or officers at least 90 days before the
18		end of the hospital year.
19		(4) The method utilized to calculate estimated
20		property tax liability for purposes of this Section 15-86
21		shall not be utilized for the actual valuation, assessment,
22		or taxation of property pursuant to the Property Tax Code.
23		(h) For the purpose of this Section, the following terms
24		shall have the meanings set forth below:
25		(1) "Hospital" means any institution, place, building,
26		buildings on a campus, or other health care facility

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1		located in Illinois that is licensed under the Hospital
2		Licensing Act and has a hospital owner.
3		(2) "Hospital owner" means a not-for-profit
4		corporation that is the titleholder of a hospital, or the
5		owner of the beneficial interest in an Illinois land trust
6		that is the titleholder of a hospital.
7		(3) "Hospital affiliate" means any corporation,
8		partnership, limited partnership, joint venture, limited
9		liability company, association or other organization,
10		other than a hospital owner, that directly or indirectly
11		controls, is controlled by, or is under common control with
12		one or more hospital owners and that supports, is supported
13		by, or acts in furtherance of the exempt health care
14		purposes of at least one of those hospital owners'
15		hospitals.
16		(4) "Hospital system" means a hospital and one or more
17		other hospitals or hospital affiliates related by common
18		control or ownership.
19		(5) "Control" relating to hospital owners, hospital
20		affiliates, or hospital systems means possession, direct
21		or indirect, of the power to direct or cause the direction
22		of the management and policies of the entity, whether
23		through ownership of assets, membership interest, other
24		voting or governance rights, by contract or otherwise.
25		(6) "Hospital applicant" means a hospital owner or
26		hospital affiliate that files an application for an

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1		exemption or renewal of exemption under this Section.
2		(7) "Relevant hospital entity" means (A) the hospital
3		owner, in the case of a hospital applicant that is a
4		hospital owner, and (B) at the election of a hospital
5		applicant that is a hospital affiliate, either (i) the
6		hospital affiliate or (ii) the hospital system to which the
7		hospital applicant belongs, including any hospitals or
8		hospital affiliates that are related by common control or
9		ownership.
10		(8) "Subject property" means property used for the
11		calculation under subsection (b) of this Section.
12		(9) "Hospital year" means the fiscal year of the
13		relevant hospital entity, or the fiscal year of one of the
14		hospital owners in the hospital system if the relevant
15		hospital entity is a hospital system with members with
16		different fiscal years, that ends in the year for which the
17		exemption is sought.
18		(Source: P.A. 97-688, eff. 6-14-12; 98-463, eff. 8-16-13.)
19		(35 ILCS 105/3-10)
20		Sec. 3-10. Rate of tax. Unless otherwise provided in this
21		Section, the tax imposed by this Act is at the rate of 6.25% of
22		either the selling price or the fair market value, if any, of
23		the tangible personal property. In all cases where property
24		functionally used or consumed is the same as the property that
25		was purchased at retail, then the tax is imposed on the selling

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1		price of the property. In all cases where property functionally
2		used or consumed is a by-product or waste product that has been
3		refined, manufactured, or produced from property purchased at
4		retail, then the tax is imposed on the lower of the fair market
5		value, if any, of the specific property so used in this State
6		or on the selling price of the property purchased at retail.
7		For purposes of this Section "fair market value" means the
8		price at which property would change hands between a willing
9		buyer and a willing seller, neither being under any compulsion
10		to buy or sell and both having reasonable knowledge of the
11		relevant facts. The fair market value shall be established by
12		Illinois sales by the taxpayer of the same property as that
13		functionally used or consumed, or if there are no such sales by
14		the taxpayer, then comparable sales or purchases of property of
15		like kind and character in Illinois.
16		Beginning on July 1, 2000 and through December 31, 2000,
17		with respect to motor fuel, as defined in Section 1.1 of the
18		Motor Fuel Tax Law, and gasohol, as defined in Section 3-40 of
19		the Use Tax Act, the tax is imposed at the rate of 1.25%.
20		Beginning on August 6, 2010 through August 15, 2010, with
21		respect to sales tax holiday items as defined in Section 3-6 of
22		this Act, the tax is imposed at the rate of 1.25%.
23		With respect to gasohol, the tax imposed by this Act
24		applies to (i) 70% of the proceeds of sales made on or after
25		January 1, 1990, and before July 1, 2003, (ii) 80% of the
26		proceeds of sales made on or after July 1, 2003 and on or

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1		before December 31, 2018, and (iii) 100% of the proceeds of
2		sales made thereafter. If, at any time, however, the tax under
3		this Act on sales of gasohol is imposed at the rate of 1.25%,
4		then the tax imposed by this Act applies to 100% of the
5		proceeds of sales of gasohol made during that time.
6		With respect to majority blended ethanol fuel, the tax
7		imposed by this Act does not apply to the proceeds of sales
8		made on or after July 1, 2003 and on or before December 31,
9		2018 but applies to 100% of the proceeds of sales made
10		thereafter.
11		With respect to biodiesel blends with no less than 1% and
12		no more than 10% biodiesel, the tax imposed by this Act applies
13		to (i) 80% of the proceeds of sales made on or after July 1,
14		2003 and on or before December 31, 2018 and (ii) 100% of the
15		proceeds of sales made thereafter. If, at any time, however,
16		the tax under this Act on sales of biodiesel blends with no
17		less than 1% and no more than 10% biodiesel is imposed at the
18		rate of 1.25%, then the tax imposed by this Act applies to 100%
19		of the proceeds of sales of biodiesel blends with no less than
20		1% and no more than 10% biodiesel made during that time.
21		With respect to 100% biodiesel and biodiesel blends with
22		more than 10% but no more than 99% biodiesel, the tax imposed
23		by this Act does not apply to the proceeds of sales made on or
24		after July 1, 2003 and on or before December 31, 2018 but
25		applies to 100% of the proceeds of sales made thereafter.
26		With respect to food for human consumption that is to be

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

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

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1		shampoo, toothpaste, mouthwash, antiperspirants, and sun tan
2		lotions and screens, unless those products are available by
3		prescription only, regardless of whether the products meet the
4		definition of "over-the-counter-drugs". For the purposes of
5		this paragraph, "over-the-counter-drug" means a drug for human
6		use that contains a label that identifies the product as a drug
7		as required by 21 C.F.R. § 201.66. The "over-the-counter-drug"
8		label includes:
9		(A) A "Drug Facts" panel; or
10		(B) A statement of the "active ingredient(s)" with a
11		list of those ingredients contained in the compound,
12		substance or preparation.
13		Beginning on the effective date of this amendatory Act of
14		the 98th General Assembly, "prescription and nonprescription
15		medicines and drugs" includes medical cannabis purchased from a
16		registered dispensing organization under the Compassionate Use
17		of Medical Cannabis Pilot Program Act.
18		If the property that is purchased at retail from a retailer
19		is acquired outside Illinois and used outside Illinois before
20		being brought to Illinois for use here and is taxable under
21		this Act, the "selling price" on which the tax is computed
22		shall be reduced by an amount that represents a reasonable
23		allowance for depreciation for the period of prior out-of-state
24		use.
25		(Source: P.A. 97-636, eff. 6-1-12; 98-122, eff. 1-1-14.)

HB4049 Engrossed - 464 - LRB099 03667 KTG 23678 b
1		Section 305. The Service Use Tax Act is amended by changing
2		Sections 3-8 and 3-10 as follows:
3		(35 ILCS 110/3-8)
4		Sec. 3-8. Hospital exemption.
5		(a) Tangible personal property sold to or used by a
6		hospital owner that owns one or more hospitals licensed under
7		the Hospital Licensing Act or operated under the University of
8		Illinois Hospital Act, or a hospital affiliate that is not
9		already exempt under another provision of this Act and meets
10		the criteria for an exemption under this Section, is exempt
11		from taxation under this Act.
12		(b) A hospital owner or hospital affiliate satisfies the
13		conditions for an exemption under this Section if the value of
14		qualified services or activities listed in subsection (c) of
15		this Section for the hospital year equals or exceeds the
16		relevant hospital entity's estimated property tax liability,
17		without regard to any property tax exemption granted under
18		Section 15-86 of the Property Tax Code, for the calendar year
19		in which exemption or renewal of exemption is sought. For
20		purposes of making the calculations required by this subsection
21		(b), if the relevant hospital entity is a hospital owner that
22		owns more than one hospital, the value of the services or
23		activities listed in subsection (c) shall be calculated on the
24		basis of only those services and activities relating to the
25		hospital that includes the subject property, and the relevant

HB4049 Engrossed - 465 - LRB099 03667 KTG 23678 b
1		hospital entity's estimated property tax liability shall be
2		calculated only with respect to the properties comprising that
3		hospital. In the case of a multi-state hospital system or
4		hospital affiliate, the value of the services or activities
5		listed in subsection (c) shall be calculated on the basis of
6		only those services and activities that occur in Illinois and
7		the relevant hospital entity's estimated property tax
8		liability shall be calculated only with respect to its property
9		located in Illinois.
10		(c) The following services and activities shall be
11		considered for purposes of making the calculations required by
12		subsection (b):
13		(1) Charity care. Free or discounted services provided
14		pursuant to the relevant hospital entity's financial
15		assistance policy, measured at cost, including discounts
16		provided under the Hospital Uninsured Patient Discount
17		Act.
18		(2) Health services to low-income and underserved
19		individuals. Other unreimbursed costs of the relevant
20		hospital entity for providing without charge, paying for,
21		or subsidizing goods, activities, or services for the
22		purpose of addressing the health of low-income or
23		underserved individuals. Those activities or services may
24		include, but are not limited to: financial or in-kind
25		support to affiliated or unaffiliated hospitals, hospital
26		affiliates, community clinics, or programs that treat

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1		low-income or underserved individuals; paying for or
2		subsidizing health care professionals who care for
3		low-income or underserved individuals; providing or
4		subsidizing outreach or educational services to low-income
5		or underserved individuals for disease management and
6		prevention; free or subsidized goods, supplies, or
7		services needed by low-income or underserved individuals
8		because of their medical condition; and prenatal or
9		childbirth outreach to low-income or underserved persons.
10		(3) Subsidy of State or local governments. Direct or
11		indirect financial or in-kind subsidies of State or local
12		governments by the relevant hospital entity that pay for or
13		subsidize activities or programs related to health care for
14		low-income or underserved individuals.
15		(4) Support for State health care programs for
16		low-income individuals. At the election of the hospital
17		applicant for each applicable year, either (A) 10% of
18		payments to the relevant hospital entity and any hospital
19		affiliate designated by the relevant hospital entity
20		(provided that such hospital affiliate's operations
21		provide financial or operational support for or receive
22		financial or operational support from the relevant
23		hospital entity) under Medicaid or other means-tested
24		programs, including, but not limited to, General
25		Assistance, the Covering ALL KIDS Health Insurance Act, and
26		the State Children's Health Insurance Program or (B) the

HB4049 Engrossed - 467 - LRB099 03667 KTG 23678 b
1		amount of subsidy provided by the relevant hospital entity
2		and any hospital affiliate designated by the relevant
3		hospital entity (provided that such hospital affiliate's
4		operations provide financial or operational support for or
5		receive financial or operational support from the relevant
6		hospital entity) to State or local government in treating
7		Medicaid recipients and recipients of means-tested
8		programs, including but not limited to General Assistance,
9		the Covering ALL KIDS Health Insurance Act, and the State
10		Children's Health Insurance Program. The amount of subsidy
11		for purposes of this item (4) is calculated in the same
12		manner as unreimbursed costs are calculated for Medicaid
13		and other means-tested government programs in the Schedule
14		H of IRS Form 990 in effect on the effective date of this
15		amendatory Act of the 97th General Assembly.
16		(5) Dual-eligible subsidy. The amount of subsidy
17		provided to government by treating dual-eligible
18		Medicare/Medicaid patients. The amount of subsidy for
19		purposes of this item (5) is calculated by multiplying the
20		relevant hospital entity's unreimbursed costs for
21		Medicare, calculated in the same manner as determined in
22		the Schedule H of IRS Form 990 in effect on the effective
23		date of this amendatory Act of the 97th General Assembly,
24		by the relevant hospital entity's ratio of dual-eligible
25		patients to total Medicare patients.
26		(6) Relief of the burden of government related to

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1		health care. Except to the extent otherwise taken into
2		account in this subsection, the portion of unreimbursed
3		costs of the relevant hospital entity attributable to
4		providing, paying for, or subsidizing goods, activities,
5		or services that relieve the burden of government related
6		to health care for low-income individuals. Such activities
7		or services shall include, but are not limited to,
8		providing emergency, trauma, burn, neonatal, psychiatric,
9		rehabilitation, or other special services; providing
10		medical education; and conducting medical research or
11		training of health care professionals. The portion of those
12		unreimbursed costs attributable to benefiting low-income
13		individuals shall be determined using the ratio calculated
14		by adding the relevant hospital entity's costs
15		attributable to charity care, Medicaid, other means-tested
16		government programs, Medicare patients with disabilities
17		disabled Medicare patients under age 65, and dual-eligible
18		Medicare/Medicaid patients and dividing that total by the
19		relevant hospital entity's total costs. Such costs for the
20		numerator and denominator shall be determined by
21		multiplying gross charges by the cost to charge ratio taken
22		from the hospital's most recently filed Medicare cost
23		report (CMS 2252-10 Worksheet, Part I). In the case of
24		emergency services, the ratio shall be calculated using
25		costs (gross charges multiplied by the cost to charge ratio
26		taken from the hospital's most recently filed Medicare cost

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1		report (CMS 2252-10 Worksheet, Part I)) of patients treated
2		in the relevant hospital entity's emergency department.
3		(7) Any other activity by the relevant hospital entity
4		that the Department determines relieves the burden of
5		government or addresses the health of low-income or
6		underserved individuals.
7		(d) The hospital applicant shall include information in its
8		exemption application establishing that it satisfies the
9		requirements of subsection (b). For purposes of making the
10		calculations required by subsection (b), the hospital
11		applicant may for each year elect to use either (1) the value
12		of the services or activities listed in subsection (e) for the
13		hospital year or (2) the average value of those services or
14		activities for the 3 fiscal years ending with the hospital
15		year. If the relevant hospital entity has been in operation for
16		less than 3 completed fiscal years, then the latter
17		calculation, if elected, shall be performed on a pro rata
18		basis.
19		(e) For purposes of making the calculations required by
20		this Section:
21		(1) particular services or activities eligible for
22		consideration under any of the paragraphs (1) through (7)
23		of subsection (c) may not be counted under more than one of
24		those paragraphs; and
25		(2) the amount of unreimbursed costs and the amount of
26		subsidy shall not be reduced by restricted or unrestricted

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1		payments received by the relevant hospital entity as
2		contributions deductible under Section 170(a) of the
3		Internal Revenue Code.
4		(f) (Blank).
5		(g) Estimation of Exempt Property Tax Liability. The
6		estimated property tax liability used for the determination in
7		subsection (b) shall be calculated as follows:
8		(1) "Estimated property tax liability" means the
9		estimated dollar amount of property tax that would be owed,
10		with respect to the exempt portion of each of the relevant
11		hospital entity's properties that are already fully or
12		partially exempt, or for which an exemption in whole or in
13		part is currently being sought, and then aggregated as
14		applicable, as if the exempt portion of those properties
15		were subject to tax, calculated with respect to each such
16		property by multiplying:
17		(A) the lesser of (i) the actual assessed value, if
18		any, of the portion of the property for which an
19		exemption is sought or (ii) an estimated assessed value
20		of the exempt portion of such property as determined in
21		item (2) of this subsection (g), by
22		(B) the applicable State equalization rate
23		(yielding the equalized assessed value), by
24		(C) the applicable tax rate.
25		(2) The estimated assessed value of the exempt portion
26		of the property equals the sum of (i) the estimated fair

HB4049 Engrossed - 471 - LRB099 03667 KTG 23678 b
1		market value of buildings on the property, as determined in
2		accordance with subparagraphs (A) and (B) of this item (2),
3		multiplied by the applicable assessment factor, and (ii)
4		the estimated assessed value of the land portion of the
5		property, as determined in accordance with subparagraph
6		(C).
7		(A) The "estimated fair market value of buildings
8		on the property" means the replacement value of any
9		exempt portion of buildings on the property, minus
10		depreciation, determined utilizing the cost
11		replacement method whereby the exempt square footage
12		of all such buildings is multiplied by the replacement
13		cost per square foot for Class A Average building found
14		in the most recent edition of the Marshall & Swift
15		Valuation Services Manual, adjusted by any appropriate
16		current cost and local multipliers.
17		(B) Depreciation, for purposes of calculating the
18		estimated fair market value of buildings on the
19		property, is applied by utilizing a weighted mean life
20		for the buildings based on original construction and
21		assuming a 40-year life for hospital buildings and the
22		applicable life for other types of buildings as
23		specified in the American Hospital Association
24		publication "Estimated Useful Lives of Depreciable
25		Hospital Assets". In the case of hospital buildings,
26		the remaining life is divided by 40 and this ratio is

HB4049 Engrossed - 472 - LRB099 03667 KTG 23678 b
1		multiplied by the replacement cost of the buildings to
2		obtain an estimated fair market value of buildings. If
3		a hospital building is older than 35 years, a remaining
4		life of 5 years for residual value is assumed; and if a
5		building is less than 8 years old, a remaining life of
6		32 years is assumed.
7		(C) The estimated assessed value of the land
8		portion of the property shall be determined by
9		multiplying (i) the per square foot average of the
10		assessed values of three parcels of land (not including
11		farm land, and excluding the assessed value of the
12		improvements thereon) reasonably comparable to the
13		property, by (ii) the number of square feet comprising
14		the exempt portion of the property's land square
15		footage.
16		(3) The assessment factor, State equalization rate,
17		and tax rate (including any special factors such as
18		Enterprise Zones) used in calculating the estimated
19		property tax liability shall be for the most recent year
20		that is publicly available from the applicable chief county
21		assessment officer or officers at least 90 days before the
22		end of the hospital year.
23		(4) The method utilized to calculate estimated
24		property tax liability for purposes of this Section 15-86
25		shall not be utilized for the actual valuation, assessment,
26		or taxation of property pursuant to the Property Tax Code.

HB4049 Engrossed - 473 - LRB099 03667 KTG 23678 b
1		(h) For the purpose of this Section, the following terms
2		shall have the meanings set forth below:
3		(1) "Hospital" means any institution, place, building,
4		buildings on a campus, or other health care facility
5		located in Illinois that is licensed under the Hospital
6		Licensing Act and has a hospital owner.
7		(2) "Hospital owner" means a not-for-profit
8		corporation that is the titleholder of a hospital, or the
9		owner of the beneficial interest in an Illinois land trust
10		that is the titleholder of a hospital.
11		(3) "Hospital affiliate" means any corporation,
12		partnership, limited partnership, joint venture, limited
13		liability company, association or other organization,
14		other than a hospital owner, that directly or indirectly
15		controls, is controlled by, or is under common control with
16		one or more hospital owners and that supports, is supported
17		by, or acts in furtherance of the exempt health care
18		purposes of at least one of those hospital owners'
19		hospitals.
20		(4) "Hospital system" means a hospital and one or more
21		other hospitals or hospital affiliates related by common
22		control or ownership.
23		(5) "Control" relating to hospital owners, hospital
24		affiliates, or hospital systems means possession, direct
25		or indirect, of the power to direct or cause the direction
26		of the management and policies of the entity, whether

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1		through ownership of assets, membership interest, other
2		voting or governance rights, by contract or otherwise.
3		(6) "Hospital applicant" means a hospital owner or
4		hospital affiliate that files an application for an
5		exemption or renewal of exemption under this Section.
6		(7) "Relevant hospital entity" means (A) the hospital
7		owner, in the case of a hospital applicant that is a
8		hospital owner, and (B) at the election of a hospital
9		applicant that is a hospital affiliate, either (i) the
10		hospital affiliate or (ii) the hospital system to which the
11		hospital applicant belongs, including any hospitals or
12		hospital affiliates that are related by common control or
13		ownership.
14		(8) "Subject property" means property used for the
15		calculation under subsection (b) of this Section.
16		(9) "Hospital year" means the fiscal year of the
17		relevant hospital entity, or the fiscal year of one of the
18		hospital owners in the hospital system if the relevant
19		hospital entity is a hospital system with members with
20		different fiscal years, that ends in the year for which the
21		exemption is sought.
22		(Source: P.A. 97-688, eff. 6-14-12; 98-463, eff. 8-16-13.)
23		(35 ILCS 110/3-10) (from Ch. 120, par. 439.33-10)
24		Sec. 3-10. Rate of tax. Unless otherwise provided in this
25		Section, the tax imposed by this Act is at the rate of 6.25% of

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

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

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

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

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

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1		Cannabis Pilot Program Act.
2		If the property that is acquired from a serviceman is
3		acquired outside Illinois and used outside Illinois before
4		being brought to Illinois for use here and is taxable under
5		this Act, the "selling price" on which the tax is computed
6		shall be reduced by an amount that represents a reasonable
7		allowance for depreciation for the period of prior out-of-state
8		use.
9		(Source: P.A. 97-38, eff. 6-28-11; 97-227, eff. 1-1-12; 97-636,
10		eff. 6-1-12; 98-104, eff. 7-22-13; 98-122, eff. 1-1-14; 98-756,
11		eff. 7-16-14.)
12		Section 310. The Service Occupation Tax Act is amended by
13		changing Sections 3-8 and 3-10 as follows:
14		(35 ILCS 115/3-8)
15		Sec. 3-8. Hospital exemption.
16		(a) Tangible personal property sold to or used by a
17		hospital owner that owns one or more hospitals licensed under
18		the Hospital Licensing Act or operated under the University of
19		Illinois Hospital Act, or a hospital affiliate that is not
20		already exempt under another provision of this Act and meets
21		the criteria for an exemption under this Section, is exempt
22		from taxation under this Act.
23		(b) A hospital owner or hospital affiliate satisfies the
24		conditions for an exemption under this Section if the value of

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1		qualified services or activities listed in subsection (c) of
2		this Section for the hospital year equals or exceeds the
3		relevant hospital entity's estimated property tax liability,
4		without regard to any property tax exemption granted under
5		Section 15-86 of the Property Tax Code, for the calendar year
6		in which exemption or renewal of exemption is sought. For
7		purposes of making the calculations required by this subsection
8		(b), if the relevant hospital entity is a hospital owner that
9		owns more than one hospital, the value of the services or
10		activities listed in subsection (c) shall be calculated on the
11		basis of only those services and activities relating to the
12		hospital that includes the subject property, and the relevant
13		hospital entity's estimated property tax liability shall be
14		calculated only with respect to the properties comprising that
15		hospital. In the case of a multi-state hospital system or
16		hospital affiliate, the value of the services or activities
17		listed in subsection (c) shall be calculated on the basis of
18		only those services and activities that occur in Illinois and
19		the relevant hospital entity's estimated property tax
20		liability shall be calculated only with respect to its property
21		located in Illinois.
22		(c) The following services and activities shall be
23		considered for purposes of making the calculations required by
24		subsection (b):
25		(1) Charity care. Free or discounted services provided
26		pursuant to the relevant hospital entity's financial

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1		assistance policy, measured at cost, including discounts
2		provided under the Hospital Uninsured Patient Discount
3		Act.
4		(2) Health services to low-income and underserved
5		individuals. Other unreimbursed costs of the relevant
6		hospital entity for providing without charge, paying for,
7		or subsidizing goods, activities, or services for the
8		purpose of addressing the health of low-income or
9		underserved individuals. Those activities or services may
10		include, but are not limited to: financial or in-kind
11		support to affiliated or unaffiliated hospitals, hospital
12		affiliates, community clinics, or programs that treat
13		low-income or underserved individuals; paying for or
14		subsidizing health care professionals who care for
15		low-income or underserved individuals; providing or
16		subsidizing outreach or educational services to low-income
17		or underserved individuals for disease management and
18		prevention; free or subsidized goods, supplies, or
19		services needed by low-income or underserved individuals
20		because of their medical condition; and prenatal or
21		childbirth outreach to low-income or underserved persons.
22		(3) Subsidy of State or local governments. Direct or
23		indirect financial or in-kind subsidies of State or local
24		governments by the relevant hospital entity that pay for or
25		subsidize activities or programs related to health care for
26		low-income or underserved individuals.

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1		(4) Support for State health care programs for
2		low-income individuals. At the election of the hospital
3		applicant for each applicable year, either (A) 10% of
4		payments to the relevant hospital entity and any hospital
5		affiliate designated by the relevant hospital entity
6		(provided that such hospital affiliate's operations
7		provide financial or operational support for or receive
8		financial or operational support from the relevant
9		hospital entity) under Medicaid or other means-tested
10		programs, including, but not limited to, General
11		Assistance, the Covering ALL KIDS Health Insurance Act, and
12		the State Children's Health Insurance Program or (B) the
13		amount of subsidy provided by the relevant hospital entity
14		and any hospital affiliate designated by the relevant
15		hospital entity (provided that such hospital affiliate's
16		operations provide financial or operational support for or
17		receive financial or operational support from the relevant
18		hospital entity) to State or local government in treating
19		Medicaid recipients and recipients of means-tested
20		programs, including but not limited to General Assistance,
21		the Covering ALL KIDS Health Insurance Act, and the State
22		Children's Health Insurance Program. The amount of subsidy
23		for purposes of this item (4) is calculated in the same
24		manner as unreimbursed costs are calculated for Medicaid
25		and other means-tested government programs in the Schedule
26		H of IRS Form 990 in effect on the effective date of this

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1		amendatory Act of the 97th General Assembly.
2		(5) Dual-eligible subsidy. The amount of subsidy
3		provided to government by treating dual-eligible
4		Medicare/Medicaid patients. The amount of subsidy for
5		purposes of this item (5) is calculated by multiplying the
6		relevant hospital entity's unreimbursed costs for
7		Medicare, calculated in the same manner as determined in
8		the Schedule H of IRS Form 990 in effect on the effective
9		date of this amendatory Act of the 97th General Assembly,
10		by the relevant hospital entity's ratio of dual-eligible
11		patients to total Medicare patients.
12		(6) Relief of the burden of government related to
13		health care. Except to the extent otherwise taken into
14		account in this subsection, the portion of unreimbursed
15		costs of the relevant hospital entity attributable to
16		providing, paying for, or subsidizing goods, activities,
17		or services that relieve the burden of government related
18		to health care for low-income individuals. Such activities
19		or services shall include, but are not limited to,
20		providing emergency, trauma, burn, neonatal, psychiatric,
21		rehabilitation, or other special services; providing
22		medical education; and conducting medical research or
23		training of health care professionals. The portion of those
24		unreimbursed costs attributable to benefiting low-income
25		individuals shall be determined using the ratio calculated
26		by adding the relevant hospital entity's costs

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1		attributable to charity care, Medicaid, other means-tested
2		government programs, Medicare patients with disabilities
3		disabled Medicare patients under age 65, and dual-eligible
4		Medicare/Medicaid patients and dividing that total by the
5		relevant hospital entity's total costs. Such costs for the
6		numerator and denominator shall be determined by
7		multiplying gross charges by the cost to charge ratio taken
8		from the hospital's most recently filed Medicare cost
9		report (CMS 2252-10 Worksheet, Part I). In the case of
10		emergency services, the ratio shall be calculated using
11		costs (gross charges multiplied by the cost to charge ratio
12		taken from the hospital's most recently filed Medicare cost
13		report (CMS 2252-10 Worksheet, Part I)) of patients treated
14		in the relevant hospital entity's emergency department.
15		(7) Any other activity by the relevant hospital entity
16		that the Department determines relieves the burden of
17		government or addresses the health of low-income or
18		underserved individuals.
19		(d) The hospital applicant shall include information in its
20		exemption application establishing that it satisfies the
21		requirements of subsection (b). For purposes of making the
22		calculations required by subsection (b), the hospital
23		applicant may for each year elect to use either (1) the value
24		of the services or activities listed in subsection (e) for the
25		hospital year or (2) the average value of those services or
26		activities for the 3 fiscal years ending with the hospital

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1		year. If the relevant hospital entity has been in operation for
2		less than 3 completed fiscal years, then the latter
3		calculation, if elected, shall be performed on a pro rata
4		basis.
5		(e) For purposes of making the calculations required by
6		this Section:
7		(1) particular services or activities eligible for
8		consideration under any of the paragraphs (1) through (7)
9		of subsection (c) may not be counted under more than one of
10		those paragraphs; and
11		(2) the amount of unreimbursed costs and the amount of
12		subsidy shall not be reduced by restricted or unrestricted
13		payments received by the relevant hospital entity as
14		contributions deductible under Section 170(a) of the
15		Internal Revenue Code.
16		(f) (Blank).
17		(g) Estimation of Exempt Property Tax Liability. The
18		estimated property tax liability used for the determination in
19		subsection (b) shall be calculated as follows:
20		(1) "Estimated property tax liability" means the
21		estimated dollar amount of property tax that would be owed,
22		with respect to the exempt portion of each of the relevant
23		hospital entity's properties that are already fully or
24		partially exempt, or for which an exemption in whole or in
25		part is currently being sought, and then aggregated as
26		applicable, as if the exempt portion of those properties

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1		were subject to tax, calculated with respect to each such
2		property by multiplying:
3		(A) the lesser of (i) the actual assessed value, if
4		any, of the portion of the property for which an
5		exemption is sought or (ii) an estimated assessed value
6		of the exempt portion of such property as determined in
7		item (2) of this subsection (g), by
8		(B) the applicable State equalization rate
9		(yielding the equalized assessed value), by
10		(C) the applicable tax rate.
11		(2) The estimated assessed value of the exempt portion
12		of the property equals the sum of (i) the estimated fair
13		market value of buildings on the property, as determined in
14		accordance with subparagraphs (A) and (B) of this item (2),
15		multiplied by the applicable assessment factor, and (ii)
16		the estimated assessed value of the land portion of the
17		property, as determined in accordance with subparagraph
18		(C).
19		(A) The "estimated fair market value of buildings
20		on the property" means the replacement value of any
21		exempt portion of buildings on the property, minus
22		depreciation, determined utilizing the cost
23		replacement method whereby the exempt square footage
24		of all such buildings is multiplied by the replacement
25		cost per square foot for Class A Average building found
26		in the most recent edition of the Marshall & Swift

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1		Valuation Services Manual, adjusted by any appropriate
2		current cost and local multipliers.
3		(B) Depreciation, for purposes of calculating the
4		estimated fair market value of buildings on the
5		property, is applied by utilizing a weighted mean life
6		for the buildings based on original construction and
7		assuming a 40-year life for hospital buildings and the
8		applicable life for other types of buildings as
9		specified in the American Hospital Association
10		publication "Estimated Useful Lives of Depreciable
11		Hospital Assets". In the case of hospital buildings,
12		the remaining life is divided by 40 and this ratio is
13		multiplied by the replacement cost of the buildings to
14		obtain an estimated fair market value of buildings. If
15		a hospital building is older than 35 years, a remaining
16		life of 5 years for residual value is assumed; and if a
17		building is less than 8 years old, a remaining life of
18		32 years is assumed.
19		(C) The estimated assessed value of the land
20		portion of the property shall be determined by
21		multiplying (i) the per square foot average of the
22		assessed values of three parcels of land (not including
23		farm land, and excluding the assessed value of the
24		improvements thereon) reasonably comparable to the
25		property, by (ii) the number of square feet comprising
26		the exempt portion of the property's land square

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1		footage.
2		(3) The assessment factor, State equalization rate,
3		and tax rate (including any special factors such as
4		Enterprise Zones) used in calculating the estimated
5		property tax liability shall be for the most recent year
6		that is publicly available from the applicable chief county
7		assessment officer or officers at least 90 days before the
8		end of the hospital year.
9		(4) The method utilized to calculate estimated
10		property tax liability for purposes of this Section 15-86
11		shall not be utilized for the actual valuation, assessment,
12		or taxation of property pursuant to the Property Tax Code.
13		(h) For the purpose of this Section, the following terms
14		shall have the meanings set forth below:
15		(1) "Hospital" means any institution, place, building,
16		buildings on a campus, or other health care facility
17		located in Illinois that is licensed under the Hospital
18		Licensing Act and has a hospital owner.
19		(2) "Hospital owner" means a not-for-profit
20		corporation that is the titleholder of a hospital, or the
21		owner of the beneficial interest in an Illinois land trust
22		that is the titleholder of a hospital.
23		(3) "Hospital affiliate" means any corporation,
24		partnership, limited partnership, joint venture, limited
25		liability company, association or other organization,
26		other than a hospital owner, that directly or indirectly

HB4049 Engrossed - 490 - LRB099 03667 KTG 23678 b
1		controls, is controlled by, or is under common control with
2		one or more hospital owners and that supports, is supported
3		by, or acts in furtherance of the exempt health care
4		purposes of at least one of those hospital owners'
5		hospitals.
6		(4) "Hospital system" means a hospital and one or more
7		other hospitals or hospital affiliates related by common
8		control or ownership.
9		(5) "Control" relating to hospital owners, hospital
10		affiliates, or hospital systems means possession, direct
11		or indirect, of the power to direct or cause the direction
12		of the management and policies of the entity, whether
13		through ownership of assets, membership interest, other
14		voting or governance rights, by contract or otherwise.
15		(6) "Hospital applicant" means a hospital owner or
16		hospital affiliate that files an application for an
17		exemption or renewal of exemption under this Section.
18		(7) "Relevant hospital entity" means (A) the hospital
19		owner, in the case of a hospital applicant that is a
20		hospital owner, and (B) at the election of a hospital
21		applicant that is a hospital affiliate, either (i) the
22		hospital affiliate or (ii) the hospital system to which the
23		hospital applicant belongs, including any hospitals or
24		hospital affiliates that are related by common control or
25		ownership.
26		(8) "Subject property" means property used for the

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1		calculation under subsection (b) of this Section.
2		(9) "Hospital year" means the fiscal year of the
3		relevant hospital entity, or the fiscal year of one of the
4		hospital owners in the hospital system if the relevant
5		hospital entity is a hospital system with members with
6		different fiscal years, that ends in the year for which the
7		exemption is sought.
8		(Source: P.A. 97-688, eff. 6-14-12; 98-463, eff. 8-16-13.)
9		(35 ILCS 115/3-10) (from Ch. 120, par. 439.103-10)
10		Sec. 3-10. Rate of tax. Unless otherwise provided in this
11		Section, the tax imposed by this Act is at the rate of 6.25% of
12		the "selling price", as defined in Section 2 of the Service Use
13		Tax Act, of the tangible personal property. For the purpose of
14		computing this tax, in no event shall the "selling price" be
15		less than the cost price to the serviceman of the tangible
16		personal property transferred. The selling price of each item
17		of tangible personal property transferred as an incident of a
18		sale of service may be shown as a distinct and separate item on
19		the serviceman's billing to the service customer. If the
20		selling price is not so shown, the selling price of the
21		tangible personal property is deemed to be 50% of the
22		serviceman's entire billing to the service customer. When,
23		however, a serviceman contracts to design, develop, and produce
24		special order machinery or equipment, the tax imposed by this
25		Act shall be based on the serviceman's cost price of the

HB4049 Engrossed - 492 - LRB099 03667 KTG 23678 b
1		tangible personal property transferred incident to the
2		completion of the contract.
3		Beginning on July 1, 2000 and through December 31, 2000,
4		with respect to motor fuel, as defined in Section 1.1 of the
5		Motor Fuel Tax Law, and gasohol, as defined in Section 3-40 of
6		the Use Tax Act, the tax is imposed at the rate of 1.25%.
7		With respect to gasohol, as defined in the Use Tax Act, the
8		tax imposed by this Act shall apply to (i) 70% of the cost
9		price of property transferred as an incident to the sale of
10		service on or after January 1, 1990, and before July 1, 2003,
11		(ii) 80% of the selling price of property transferred as an
12		incident to the sale of service on or after July 1, 2003 and on
13		or before December 31, 2018, and (iii) 100% of the cost price
14		thereafter. If, at any time, however, the tax under this Act on
15		sales of gasohol, as defined in the Use Tax Act, is imposed at
16		the rate of 1.25%, then the tax imposed by this Act applies to
17		100% of the proceeds of sales of gasohol made during that time.
18		With respect to majority blended ethanol fuel, as defined
19		in the Use Tax Act, the tax imposed by this Act does not apply
20		to the selling price of property transferred as an incident to
21		the sale of service on or after July 1, 2003 and on or before
22		December 31, 2018 but applies to 100% of the selling price
23		thereafter.
24		With respect to biodiesel blends, as defined in the Use Tax
25		Act, with no less than 1% and no more than 10% biodiesel, the
26		tax imposed by this Act applies to (i) 80% of the selling price

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

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

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

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

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1		(Source: P.A. 97-38, eff. 6-28-11; 97-227, eff. 1-1-12; 97-636,
2		eff. 6-1-12; 98-104, eff. 7-22-13; 98-122, eff. 1-1-14; 98-756,
3		eff. 7-16-14.)
4		Section 315. The Retailers' Occupation Tax Act is amended
5		by changing Sections 2-9 and 2-10 as follows:
6		(35 ILCS 120/2-9)
7		Sec. 2-9. Hospital exemption.
8		(a) Tangible personal property sold to or used by a
9		hospital owner that owns one or more hospitals licensed under
10		the Hospital Licensing Act or operated under the University of
11		Illinois Hospital Act, or a hospital affiliate that is not
12		already exempt under another provision of this Act and meets
13		the criteria for an exemption under this Section, is exempt
14		from taxation under this Act.
15		(b) A hospital owner or hospital affiliate satisfies the
16		conditions for an exemption under this Section if the value of
17		qualified services or activities listed in subsection (c) of
18		this Section for the hospital year equals or exceeds the
19		relevant hospital entity's estimated property tax liability,
20		without regard to any property tax exemption granted under
21		Section 15-86 of the Property Tax Code, for the calendar year
22		in which exemption or renewal of exemption is sought. For
23		purposes of making the calculations required by this subsection
24		(b), if the relevant hospital entity is a hospital owner that

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1		owns more than one hospital, the value of the services or
2		activities listed in subsection (c) shall be calculated on the
3		basis of only those services and activities relating to the
4		hospital that includes the subject property, and the relevant
5		hospital entity's estimated property tax liability shall be
6		calculated only with respect to the properties comprising that
7		hospital. In the case of a multi-state hospital system or
8		hospital affiliate, the value of the services or activities
9		listed in subsection (c) shall be calculated on the basis of
10		only those services and activities that occur in Illinois and
11		the relevant hospital entity's estimated property tax
12		liability shall be calculated only with respect to its property
13		located in Illinois.
14		(c) The following services and activities shall be
15		considered for purposes of making the calculations required by
16		subsection (b):
17		(1) Charity care. Free or discounted services provided
18		pursuant to the relevant hospital entity's financial
19		assistance policy, measured at cost, including discounts
20		provided under the Hospital Uninsured Patient Discount
21		Act.
22		(2) Health services to low-income and underserved
23		individuals. Other unreimbursed costs of the relevant
24		hospital entity for providing without charge, paying for,
25		or subsidizing goods, activities, or services for the
26		purpose of addressing the health of low-income or

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1		underserved individuals. Those activities or services may
2		include, but are not limited to: financial or in-kind
3		support to affiliated or unaffiliated hospitals, hospital
4		affiliates, community clinics, or programs that treat
5		low-income or underserved individuals; paying for or
6		subsidizing health care professionals who care for
7		low-income or underserved individuals; providing or
8		subsidizing outreach or educational services to low-income
9		or underserved individuals for disease management and
10		prevention; free or subsidized goods, supplies, or
11		services needed by low-income or underserved individuals
12		because of their medical condition; and prenatal or
13		childbirth outreach to low-income or underserved persons.
14		(3) Subsidy of State or local governments. Direct or
15		indirect financial or in-kind subsidies of State or local
16		governments by the relevant hospital entity that pay for or
17		subsidize activities or programs related to health care for
18		low-income or underserved individuals.
19		(4) Support for State health care programs for
20		low-income individuals. At the election of the hospital
21		applicant for each applicable year, either (A) 10% of
22		payments to the relevant hospital entity and any hospital
23		affiliate designated by the relevant hospital entity
24		(provided that such hospital affiliate's operations
25		provide financial or operational support for or receive
26		financial or operational support from the relevant

HB4049 Engrossed - 500 - LRB099 03667 KTG 23678 b
1		hospital entity) under Medicaid or other means-tested
2		programs, including, but not limited to, General
3		Assistance, the Covering ALL KIDS Health Insurance Act, and
4		the State Children's Health Insurance Program or (B) the
5		amount of subsidy provided by the relevant hospital entity
6		and any hospital affiliate designated by the relevant
7		hospital entity (provided that such hospital affiliate's
8		operations provide financial or operational support for or
9		receive financial or operational support from the relevant
10		hospital entity) to State or local government in treating
11		Medicaid recipients and recipients of means-tested
12		programs, including but not limited to General Assistance,
13		the Covering ALL KIDS Health Insurance Act, and the State
14		Children's Health Insurance Program. The amount of subsidy
15		for purposes of this item (4) is calculated in the same
16		manner as unreimbursed costs are calculated for Medicaid
17		and other means-tested government programs in the Schedule
18		H of IRS Form 990 in effect on the effective date of this
19		amendatory Act of the 97th General Assembly.
20		(5) Dual-eligible subsidy. The amount of subsidy
21		provided to government by treating dual-eligible
22		Medicare/Medicaid patients. The amount of subsidy for
23		purposes of this item (5) is calculated by multiplying the
24		relevant hospital entity's unreimbursed costs for
25		Medicare, calculated in the same manner as determined in
26		the Schedule H of IRS Form 990 in effect on the effective

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1		date of this amendatory Act of the 97th General Assembly,
2		by the relevant hospital entity's ratio of dual-eligible
3		patients to total Medicare patients.
4		(6) Relief of the burden of government related to
5		health care. Except to the extent otherwise taken into
6		account in this subsection, the portion of unreimbursed
7		costs of the relevant hospital entity attributable to
8		providing, paying for, or subsidizing goods, activities,
9		or services that relieve the burden of government related
10		to health care for low-income individuals. Such activities
11		or services shall include, but are not limited to,
12		providing emergency, trauma, burn, neonatal, psychiatric,
13		rehabilitation, or other special services; providing
14		medical education; and conducting medical research or
15		training of health care professionals. The portion of those
16		unreimbursed costs attributable to benefiting low-income
17		individuals shall be determined using the ratio calculated
18		by adding the relevant hospital entity's costs
19		attributable to charity care, Medicaid, other means-tested
20		government programs, Medicare patients with disabilities
21		disabled Medicare patients under age 65, and dual-eligible
22		Medicare/Medicaid patients and dividing that total by the
23		relevant hospital entity's total costs. Such costs for the
24		numerator and denominator shall be determined by
25		multiplying gross charges by the cost to charge ratio taken
26		from the hospital's most recently filed Medicare cost

HB4049 Engrossed - 502 - LRB099 03667 KTG 23678 b
1		report (CMS 2252-10 Worksheet, Part I). In the case of
2		emergency services, the ratio shall be calculated using
3		costs (gross charges multiplied by the cost to charge ratio
4		taken from the hospital's most recently filed Medicare cost
5		report (CMS 2252-10 Worksheet, Part I)) of patients treated
6		in the relevant hospital entity's emergency department.
7		(7) Any other activity by the relevant hospital entity
8		that the Department determines relieves the burden of
9		government or addresses the health of low-income or
10		underserved individuals.
11		(d) The hospital applicant shall include information in its
12		exemption application establishing that it satisfies the
13		requirements of subsection (b). For purposes of making the
14		calculations required by subsection (b), the hospital
15		applicant may for each year elect to use either (1) the value
16		of the services or activities listed in subsection (e) for the
17		hospital year or (2) the average value of those services or
18		activities for the 3 fiscal years ending with the hospital
19		year. If the relevant hospital entity has been in operation for
20		less than 3 completed fiscal years, then the latter
21		calculation, if elected, shall be performed on a pro rata
22		basis.
23		(e) For purposes of making the calculations required by
24		this Section:
25		(1) particular services or activities eligible for
26		consideration under any of the paragraphs (1) through (7)

HB4049 Engrossed - 503 - LRB099 03667 KTG 23678 b
1		of subsection (c) may not be counted under more than one of
2		those paragraphs; and
3		(2) the amount of unreimbursed costs and the amount of
4		subsidy shall not be reduced by restricted or unrestricted
5		payments received by the relevant hospital entity as
6		contributions deductible under Section 170(a) of the
7		Internal Revenue Code.
8		(f) (Blank).
9		(g) Estimation of Exempt Property Tax Liability. The
10		estimated property tax liability used for the determination in
11		subsection (b) shall be calculated as follows:
12		(1) "Estimated property tax liability" means the
13		estimated dollar amount of property tax that would be owed,
14		with respect to the exempt portion of each of the relevant
15		hospital entity's properties that are already fully or
16		partially exempt, or for which an exemption in whole or in
17		part is currently being sought, and then aggregated as
18		applicable, as if the exempt portion of those properties
19		were subject to tax, calculated with respect to each such
20		property by multiplying:
21		(A) the lesser of (i) the actual assessed value, if
22		any, of the portion of the property for which an
23		exemption is sought or (ii) an estimated assessed value
24		of the exempt portion of such property as determined in
25		item (2) of this subsection (g), by
26		(B) the applicable State equalization rate

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1		(yielding the equalized assessed value), by
2		(C) the applicable tax rate.
3		(2) The estimated assessed value of the exempt portion
4		of the property equals the sum of (i) the estimated fair
5		market value of buildings on the property, as determined in
6		accordance with subparagraphs (A) and (B) of this item (2),
7		multiplied by the applicable assessment factor, and (ii)
8		the estimated assessed value of the land portion of the
9		property, as determined in accordance with subparagraph
10		(C).
11		(A) The "estimated fair market value of buildings
12		on the property" means the replacement value of any
13		exempt portion of buildings on the property, minus
14		depreciation, determined utilizing the cost
15		replacement method whereby the exempt square footage
16		of all such buildings is multiplied by the replacement
17		cost per square foot for Class A Average building found
18		in the most recent edition of the Marshall & Swift
19		Valuation Services Manual, adjusted by any appropriate
20		current cost and local multipliers.
21		(B) Depreciation, for purposes of calculating the
22		estimated fair market value of buildings on the
23		property, is applied by utilizing a weighted mean life
24		for the buildings based on original construction and
25		assuming a 40-year life for hospital buildings and the
26		applicable life for other types of buildings as

HB4049 Engrossed - 505 - LRB099 03667 KTG 23678 b
1		specified in the American Hospital Association
2		publication "Estimated Useful Lives of Depreciable
3		Hospital Assets". In the case of hospital buildings,
4		the remaining life is divided by 40 and this ratio is
5		multiplied by the replacement cost of the buildings to
6		obtain an estimated fair market value of buildings. If
7		a hospital building is older than 35 years, a remaining
8		life of 5 years for residual value is assumed; and if a
9		building is less than 8 years old, a remaining life of
10		32 years is assumed.
11		(C) The estimated assessed value of the land
12		portion of the property shall be determined by
13		multiplying (i) the per square foot average of the
14		assessed values of three parcels of land (not including
15		farm land, and excluding the assessed value of the
16		improvements thereon) reasonably comparable to the
17		property, by (ii) the number of square feet comprising
18		the exempt portion of the property's land square
19		footage.
20		(3) The assessment factor, State equalization rate,
21		and tax rate (including any special factors such as
22		Enterprise Zones) used in calculating the estimated
23		property tax liability shall be for the most recent year
24		that is publicly available from the applicable chief county
25		assessment officer or officers at least 90 days before the
26		end of the hospital year.

HB4049 Engrossed - 506 - LRB099 03667 KTG 23678 b
1		(4) The method utilized to calculate estimated
2		property tax liability for purposes of this Section 15-86
3		shall not be utilized for the actual valuation, assessment,
4		or taxation of property pursuant to the Property Tax Code.
5		(h) For the purpose of this Section, the following terms
6		shall have the meanings set forth below:
7		(1) "Hospital" means any institution, place, building,
8		buildings on a campus, or other health care facility
9		located in Illinois that is licensed under the Hospital
10		Licensing Act and has a hospital owner.
11		(2) "Hospital owner" means a not-for-profit
12		corporation that is the titleholder of a hospital, or the
13		owner of the beneficial interest in an Illinois land trust
14		that is the titleholder of a hospital.
15		(3) "Hospital affiliate" means any corporation,
16		partnership, limited partnership, joint venture, limited
17		liability company, association or other organization,
18		other than a hospital owner, that directly or indirectly
19		controls, is controlled by, or is under common control with
20		one or more hospital owners and that supports, is supported
21		by, or acts in furtherance of the exempt health care
22		purposes of at least one of those hospital owners'
23		hospitals.
24		(4) "Hospital system" means a hospital and one or more
25		other hospitals or hospital affiliates related by common
26		control or ownership.

HB4049 Engrossed - 507 - LRB099 03667 KTG 23678 b
1		(5) "Control" relating to hospital owners, hospital
2		affiliates, or hospital systems means possession, direct
3		or indirect, of the power to direct or cause the direction
4		of the management and policies of the entity, whether
5		through ownership of assets, membership interest, other
6		voting or governance rights, by contract or otherwise.
7		(6) "Hospital applicant" means a hospital owner or
8		hospital affiliate that files an application for an
9		exemption or renewal of exemption under this Section.
10		(7) "Relevant hospital entity" means (A) the hospital
11		owner, in the case of a hospital applicant that is a
12		hospital owner, and (B) at the election of a hospital
13		applicant that is a hospital affiliate, either (i) the
14		hospital affiliate or (ii) the hospital system to which the
15		hospital applicant belongs, including any hospitals or
16		hospital affiliates that are related by common control or
17		ownership.
18		(8) "Subject property" means property used for the
19		calculation under subsection (b) of this Section.
20		(9) "Hospital year" means the fiscal year of the
21		relevant hospital entity, or the fiscal year of one of the
22		hospital owners in the hospital system if the relevant
23		hospital entity is a hospital system with members with
24		different fiscal years, that ends in the year for which the
25		exemption is sought.
26		(Source: P.A. 97-688, eff. 6-14-12; 98-463, eff. 8-16-13.)

HB4049 Engrossed - 508 - LRB099 03667 KTG 23678 b
1		(35 ILCS 120/2-10)
2		Sec. 2-10. Rate of tax. Unless otherwise provided in this
3		Section, the tax imposed by this Act is at the rate of 6.25% of
4		gross receipts from sales of tangible personal property made in
5		the course of business.
6		Beginning on July 1, 2000 and through December 31, 2000,
7		with respect to motor fuel, as defined in Section 1.1 of the
8		Motor Fuel Tax Law, and gasohol, as defined in Section 3-40 of
9		the Use Tax Act, the tax is imposed at the rate of 1.25%.
10		Beginning on August 6, 2010 through August 15, 2010, with
11		respect to sales tax holiday items as defined in Section 2-8 of
12		this Act, the tax is imposed at the rate of 1.25%.
13		Within 14 days after the effective date of this amendatory
14		Act of the 91st General Assembly, each retailer of motor fuel
15		and gasohol shall cause the following notice to be posted in a
16		prominently visible place on each retail dispensing device that
17		is used to dispense motor fuel or gasohol in the State of
18		Illinois: "As of July 1, 2000, the State of Illinois has
19		eliminated the State's share of sales tax on motor fuel and
20		gasohol through December 31, 2000. The price on this pump
21		should reflect the elimination of the tax." The notice shall be
22		printed in bold print on a sign that is no smaller than 4
23		inches by 8 inches. The sign shall be clearly visible to
24		customers. Any retailer who fails to post or maintain a
25		required sign through December 31, 2000 is guilty of a petty

HB4049 Engrossed - 509 - LRB099 03667 KTG 23678 b
1		offense for which the fine shall be $500 per day per each
2		retail premises where a violation occurs.
3		With respect to gasohol, as defined in the Use Tax Act, the
4		tax imposed by this Act applies to (i) 70% of the proceeds of
5		sales made on or after January 1, 1990, and before July 1,
6		2003, (ii) 80% of the proceeds of sales made on or after July
7		1, 2003 and on or before December 31, 2018, and (iii) 100% of
8		the proceeds of sales made thereafter. If, at any time,
9		however, the tax under this Act on sales of gasohol, as defined
10		in the Use Tax Act, is imposed at the rate of 1.25%, then the
11		tax imposed by this Act applies to 100% of the proceeds of
12		sales of gasohol made during that time.
13		With respect to majority blended ethanol fuel, as defined
14		in the Use Tax Act, the tax imposed by this Act does not apply
15		to the proceeds of sales made on or after July 1, 2003 and on or
16		before December 31, 2018 but applies to 100% of the proceeds of
17		sales made thereafter.
18		With respect to biodiesel blends, as defined in the Use Tax
19		Act, with no less than 1% and no more than 10% biodiesel, the
20		tax imposed by this Act applies to (i) 80% of the proceeds of
21		sales made on or after July 1, 2003 and on or before December
22		31, 2018 and (ii) 100% of the proceeds of sales made
23		thereafter. If, at any time, however, the tax under this Act on
24		sales of biodiesel blends, as defined in the Use Tax Act, with
25		no less than 1% and no more than 10% biodiesel is imposed at
26		the rate of 1.25%, then the tax imposed by this Act applies to

HB4049 Engrossed - 510 - LRB099 03667 KTG 23678 b
1		100% of the proceeds of sales of biodiesel blends with no less
2		than 1% and no more than 10% biodiesel made during that time.
3		With respect to 100% biodiesel, as defined in the Use Tax
4		Act, and biodiesel blends, as defined in the Use Tax Act, with
5		more than 10% but no more than 99% biodiesel, the tax imposed
6		by this Act does not apply to the proceeds of sales made on or
7		after July 1, 2003 and on or before December 31, 2018 but
8		applies to 100% of the proceeds of sales made thereafter.
9		With respect to food for human consumption that is to be
10		consumed off the premises where it is sold (other than
11		alcoholic beverages, soft drinks, and food that has been
12		prepared for immediate consumption) and prescription and
13		nonprescription medicines, drugs, medical appliances,
14		modifications to a motor vehicle for the purpose of rendering
15		it usable by a person with a disability disabled person, and
16		insulin, urine testing materials, syringes, and needles used by
17		diabetics, for human use, the tax is imposed at the rate of 1%.
18		For the purposes of this Section, until September 1, 2009: the
19		term "soft drinks" means any complete, finished, ready-to-use,
20		non-alcoholic drink, whether carbonated or not, including but
21		not limited to soda water, cola, fruit juice, vegetable juice,
22		carbonated water, and all other preparations commonly known as
23		soft drinks of whatever kind or description that are contained
24		in any closed or sealed bottle, can, carton, or container,
25		regardless of size; but "soft drinks" does not include coffee,
26		tea, non-carbonated water, infant formula, milk or milk

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

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

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1		(Source: P.A. 97-636, eff. 6-1-12; 98-122, eff. 1-1-14.)
2		Section 325. The Property Tax Code is amended by changing
3		Sections 9-275, 15-10, 15-86, 15-165, 15-168, 15-169, 15-172,
4		15-175, 18-185, 20-15, and 21-27 as follows:
5		(35 ILCS 200/9-275)
6		Sec. 9-275. Erroneous homestead exemptions.
7		(a) For purposes of this Section:
8		"Erroneous homestead exemption" means a homestead
9		exemption that was granted for real property in a taxable year
10		if the property was not eligible for that exemption in that
11		taxable year. If the taxpayer receives an erroneous homestead
12		exemption under a single Section of this Code for the same
13		property in multiple years, that exemption is considered a
14		single erroneous homestead exemption for purposes of this
15		Section. However, if the taxpayer receives erroneous homestead
16		exemptions under multiple Sections of this Code for the same
17		property, or if the taxpayer receives erroneous homestead
18		exemptions under the same Section of this Code for multiple
19		properties, then each of those exemptions is considered a
20		separate erroneous homestead exemption for purposes of this
21		Section.
22		"Homestead exemption" means an exemption under Section
23		15-165 (veterans with disabilities disabled veterans), 15-167
24		(returning veterans), 15-168 (persons with disabilities

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1		disabled persons), 15-169 (standard homestead for veterans
2		with disabilities disabled veterans standard homestead),
3		15-170 (senior citizens), 15-172 (senior citizens assessment
4		freeze), 15-175 (general homestead), 15-176 (alternative
5		general homestead), or 15-177 (long-time occupant).
6		"Erroneous exemption principal amount" means the total
7		difference between the property taxes actually billed to a
8		property index number and the amount of property taxes that
9		would have been billed but for the erroneous exemption or
10		exemptions.
11		"Taxpayer" means the property owner or leasehold owner that
12		erroneously received a homestead exemption upon property.
13		(b) Notwithstanding any other provision of law, in counties
14		with 3,000,000 or more inhabitants, the chief county assessment
15		officer shall include the following information with each
16		assessment notice sent in a general assessment year: (1) a list
17		of each homestead exemption available under Article 15 of this
18		Code and a description of the eligibility criteria for that
19		exemption; (2) a list of each homestead exemption applied to
20		the property in the current assessment year; (3) information
21		regarding penalties and interest that may be incurred under
22		this Section if the taxpayer received an erroneous homestead
23		exemption in a previous taxable year; and (4) notice of the
24		60-day grace period available under this subsection. If, within
25		60 days after receiving his or her assessment notice, the
26		taxpayer notifies the chief county assessment officer that he

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1		or she received an erroneous homestead exemption in a previous
2		taxable year, and if the taxpayer pays the erroneous exemption
3		principal amount, plus interest as provided in subsection (f),
4		then the taxpayer shall not be liable for the penalties
5		provided in subsection (f) with respect to that exemption.
6		(c) In counties with 3,000,000 or more inhabitants, when
7		the chief county assessment officer determines that one or more
8		erroneous homestead exemptions was applied to the property, the
9		erroneous exemption principal amount, together with all
10		applicable interest and penalties as provided in subsections
11		(f) and (j), shall constitute a lien in the name of the People
12		of Cook County on the property receiving the erroneous
13		homestead exemption. Upon becoming aware of the existence of
14		one or more erroneous homestead exemptions, the chief county
15		assessment officer shall cause to be served, by both regular
16		mail and certified mail, a notice of discovery as set forth in
17		subsection (c-5). The chief county assessment officer in a
18		county with 3,000,000 or more inhabitants may cause a lien to
19		be recorded against property that (1) is located in the county
20		and (2) received one or more erroneous homestead exemptions if,
21		upon determination of the chief county assessment officer, the
22		taxpayer received: (A) one or 2 erroneous homestead exemptions
23		for real property, including at least one erroneous homestead
24		exemption granted for the property against which the lien is
25		sought, during any of the 3 collection years immediately prior
26		to the current collection year in which the notice of discovery

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1		is served; or (B) 3 or more erroneous homestead exemptions for
2		real property, including at least one erroneous homestead
3		exemption granted for the property against which the lien is
4		sought, during any of the 6 collection years immediately prior
5		to the current collection year in which the notice of discovery
6		is served. Prior to recording the lien against the property,
7		the chief county assessment officer shall cause to be served,
8		by both regular mail and certified mail, return receipt
9		requested, on the person to whom the most recent tax bill was
10		mailed and the owner of record, a notice of intent to record a
11		lien against the property. The chief county assessment officer
12		shall cause the notice of intent to record a lien to be served
13		within 3 years from the date on which the notice of discovery
14		was served.
15		(c-5) The notice of discovery described in subsection (c)
16		shall: (1) identify, by property index number, the property for
17		which the chief county assessment officer has knowledge
18		indicating the existence of an erroneous homestead exemption;
19		(2) set forth the taxpayer's liability for principal, interest,
20		penalties, and administrative costs including, but not limited
21		to, recording fees described in subsection (f); (3) inform the
22		taxpayer that he or she will be served with a notice of intent
23		to record a lien within 3 years from the date of service of the
24		notice of discovery; and (4) inform the taxpayer that he or she
25		may pay the outstanding amount, plus interest, penalties, and
26		administrative costs at any time prior to being served with the

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1		notice of intent to record a lien or within 30 days after the
2		notice of intent to record a lien is served.
3		(d) The notice of intent to record a lien described in
4		subsection (c) shall: (1) identify, by property index number,
5		the property against which the lien is being sought; (2)
6		identify each specific homestead exemption that was
7		erroneously granted and the year or years in which each
8		exemption was granted; (3) set forth the erroneous exemption
9		principal amount due and the interest amount and any penalty
10		and administrative costs due; (4) inform the taxpayer that he
11		or she may request a hearing within 30 days after service and
12		may appeal the hearing officer's ruling to the circuit court;
13		(5) inform the taxpayer that he or she may pay the erroneous
14		exemption principal amount, plus interest and penalties,
15		within 30 days after service; and (6) inform the taxpayer that,
16		if the lien is recorded against the property, the amount of the
17		lien will be adjusted to include the applicable recording fee
18		and that fees for recording a release of the lien shall be
19		incurred by the taxpayer. A lien shall not be filed pursuant to
20		this Section if the taxpayer pays the erroneous exemption
21		principal amount, plus penalties and interest, within 30 days
22		of service of the notice of intent to record a lien.
23		(e) The notice of intent to record a lien shall also
24		include a form that the taxpayer may return to the chief county
25		assessment officer to request a hearing. The taxpayer may
26		request a hearing by returning the form within 30 days after

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1		service. The hearing shall be held within 90 days after the
2		taxpayer is served. The chief county assessment officer shall
3		promulgate rules of service and procedure for the hearing. The
4		chief county assessment officer must generally follow rules of
5		evidence and practices that prevail in the county circuit
6		courts, but, because of the nature of these proceedings, the
7		chief county assessment officer is not bound by those rules in
8		all particulars. The chief county assessment officer shall
9		appoint a hearing officer to oversee the hearing. The taxpayer
10		shall be allowed to present evidence to the hearing officer at
11		the hearing. After taking into consideration all the relevant
12		testimony and evidence, the hearing officer shall make an
13		administrative decision on whether the taxpayer was
14		erroneously granted a homestead exemption for the taxable year
15		in question. The taxpayer may appeal the hearing officer's
16		ruling to the circuit court of the county where the property is
17		located as a final administrative decision under the
18		Administrative Review Law.
19		(f) A lien against the property imposed under this Section
20		shall be filed with the county recorder of deeds, but may not
21		be filed sooner than 60 days after the notice of intent to
22		record a lien was delivered to the taxpayer if the taxpayer
23		does not request a hearing, or until the conclusion of the
24		hearing and all appeals if the taxpayer does request a hearing.
25		If a lien is filed pursuant to this Section and the taxpayer
26		received one or 2 erroneous homestead exemptions during any of

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1		the 3 collection years immediately prior to the current
2		collection year in which the notice of discovery is served,
3		then the erroneous exemption principal amount, plus 10%
4		interest per annum or portion thereof from the date the
5		erroneous exemption principal amount would have become due if
6		properly included in the tax bill, shall be charged against the
7		property by the chief county assessment officer. However, if a
8		lien is filed pursuant to this Section and the taxpayer
9		received 3 or more erroneous homestead exemptions during any of
10		the 6 collection years immediately prior to the current
11		collection year in which the notice of discovery is served, the
12		erroneous exemption principal amount, plus a penalty of 50% of
13		the total amount of the erroneous exemption principal amount
14		for that property and 10% interest per annum or portion thereof
15		from the date the erroneous exemption principal amount would
16		have become due if properly included in the tax bill, shall be
17		charged against the property by the chief county assessment
18		officer. If a lien is filed pursuant to this Section, the
19		taxpayer shall not be liable for interest that accrues between
20		the date the notice of discovery is served and the date the
21		lien is filed. Before recording the lien with the county
22		recorder of deeds, the chief county assessment officer shall
23		adjust the amount of the lien to add administrative costs,
24		including but not limited to the applicable recording fee, to
25		the total lien amount.
26		(g) If a person received an erroneous homestead exemption

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

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1		State showing that the property is free and clear of any liens
2		imposed under this Section shall be prima facie evidence that
3		the taxpayer is without notice of the erroneous homestead
4		exemption. Nothing in this Section shall be deemed to impair
5		the rights of subsequent creditors and subsequent purchasers
6		under Section 30 of the Conveyances Act.
7		(j) When a lien is filed against the property pursuant to
8		this Section, the chief county assessment officer shall mail a
9		copy of the lien to the person to whom the most recent tax bill
10		was mailed and to the owner of record, and the outstanding
11		liability created by such a lien is due and payable within 30
12		days after the mailing of the lien by the chief county
13		assessment officer. This liability is deemed delinquent and
14		shall bear interest beginning on the day after the due date at
15		a rate of 1.5% per month or portion thereof. Payment shall be
16		made to the county treasurer. Upon receipt of the full amount
17		due, as determined by the chief county assessment officer, the
18		county treasurer shall distribute the amount paid as provided
19		in subsection (k). Upon presentment by the taxpayer to the
20		chief county assessment officer of proof of payment of the
21		total liability, the chief county assessment officer shall
22		provide in reasonable form a release of the lien. The release
23		of the lien provided shall clearly inform the taxpayer that it
24		is the responsibility of the taxpayer to record the lien
25		release form with the county recorder of deeds and to pay any
26		applicable recording fees.

HB4049 Engrossed - 522 - LRB099 03667 KTG 23678 b
1		(k) The county treasurer shall pay collected erroneous
2		exemption principal amounts, pro rata, to the taxing districts,
3		or their legal successors, that levied upon the subject
4		property in the taxable year or years for which the erroneous
5		homestead exemptions were granted, except as set forth in this
6		Section. The county treasurer shall deposit collected
7		penalties and interest into a special fund established by the
8		county treasurer to offset the costs of administration of the
9		provisions of this Section by the chief county assessment
10		officer's office, as appropriated by the county board. If the
11		costs of administration of this Section exceed the amount of
12		interest and penalties collected in the special fund, the chief
13		county assessor shall be reimbursed by each taxing district or
14		their legal successors for those costs. Such costs shall be
15		paid out of the funds collected by the county treasurer on
16		behalf of each taxing district pursuant to this Section.
17		(l) The chief county assessment officer in a county with
18		3,000,000 or more inhabitants shall establish an amnesty period
19		for all taxpayers owing any tax due to an erroneous homestead
20		exemption granted in a tax year prior to the 2013 tax year. The
21		amnesty period shall begin on the effective date of this
22		amendatory Act of the 98th General Assembly and shall run
23		through December 31, 2013. If, during the amnesty period, the
24		taxpayer pays the entire arrearage of taxes due for tax years
25		prior to 2013, the county clerk shall abate and not seek to
26		collect any interest or penalties that may be applicable and

HB4049 Engrossed - 523 - LRB099 03667 KTG 23678 b
1		shall not seek civil or criminal prosecution for any taxpayer
2		for tax years prior to 2013. Failure to pay all such taxes due
3		during the amnesty period established under this Section shall
4		invalidate the amnesty period for that taxpayer.
5		The chief county assessment officer in a county with
6		3,000,000 or more inhabitants shall (i) mail notice of the
7		amnesty period with the tax bills for the second installment of
8		taxes for the 2012 assessment year and (ii) as soon as possible
9		after the effective date of this amendatory Act of the 98th
10		General Assembly, publish notice of the amnesty period in a
11		newspaper of general circulation in the county. Notices shall
12		include information on the amnesty period, its purpose, and the
13		method by which to make payment.
14		Taxpayers who are a party to any criminal investigation or
15		to any civil or criminal litigation that is pending in any
16		circuit court or appellate court, or in the Supreme Court of
17		this State, for nonpayment, delinquency, or fraud in relation
18		to any property tax imposed by any taxing district located in
19		the State on the effective date of this amendatory Act of the
20		98th General Assembly may not take advantage of the amnesty
21		period.
22		A taxpayer who has claimed 3 or more homestead exemptions
23		in error shall not be eligible for the amnesty period
24		established under this subsection.
25		(Source: P.A. 98-93, eff. 7-16-13; 98-756, eff. 7-16-14;
26		98-811, eff. 1-1-15; 98-1143, eff. 1-1-15.)

HB4049 Engrossed - 524 - LRB099 03667 KTG 23678 b
1		(35 ILCS 200/15-10)
2		Sec. 15-10. Exempt property; procedures for certification.
3		(a) All property granted an exemption by the Department
4		pursuant to the requirements of Section 15-5 and described in
5		the Sections following Section 15-30 and preceding Section
6		16-5, to the extent therein limited, is exempt from taxation.
7		In order to maintain that exempt status, the titleholder or the
8		owner of the beneficial interest of any property that is exempt
9		must file with the chief county assessment officer, on or
10		before January 31 of each year (May 31 in the case of property
11		exempted by Section 15-170), an affidavit stating whether there
12		has been any change in the ownership or use of the property,
13		the status of the owner-resident, the satisfaction by a
14		relevant hospital entity of the condition for an exemption
15		under Section 15-86, or that a veteran with a disability
16		disabled veteran who qualifies under Section 15-165 owned and
17		used the property as of January 1 of that year. The nature of
18		any change shall be stated in the affidavit. Failure to file an
19		affidavit shall, in the discretion of the assessment officer,
20		constitute cause to terminate the exemption of that property,
21		notwithstanding any other provision of this Code. Owners of 5
22		or more such exempt parcels within a county may file a single
23		annual affidavit in lieu of an affidavit for each parcel. The
24		assessment officer, upon request, shall furnish an affidavit
25		form to the owners, in which the owner may state whether there

HB4049 Engrossed - 525 - LRB099 03667 KTG 23678 b
1		has been any change in the ownership or use of the property or
2		status of the owner or resident as of January 1 of that year.
3		The owner of 5 or more exempt parcels shall list all the
4		properties giving the same information for each parcel as
5		required of owners who file individual affidavits.
6		(b) However, titleholders or owners of the beneficial
7		interest in any property exempted under any of the following
8		provisions are not required to submit an annual filing under
9		this Section:
10		(1) Section 15-45 (burial grounds) in counties of less
11		than 3,000,000 inhabitants and owned by a not-for-profit
12		organization.
13		(2) Section 15-40.
14		(3) Section 15-50 (United States property).
15		(c) If there is a change in use or ownership, however,
16		notice must be filed pursuant to Section 15-20.
17		(d) An application for homestead exemptions shall be filed
18		as provided in Section 15-170 (senior citizens homestead
19		exemption), Section 15-172 (senior citizens assessment freeze
20		homestead exemption), and Sections 15-175 (general homestead
21		exemption), 15-176 (general alternative homestead exemption),
22		and 15-177 (long-time occupant homestead exemption),
23		respectively.
24		(e) For purposes of determining satisfaction of the
25		condition for an exemption under Section 15-86:
26		(1) The "year for which exemption is sought" is the

HB4049 Engrossed - 526 - LRB099 03667 KTG 23678 b
1		year prior to the year in which the affidavit is due.
2		(2) The "hospital year" is the fiscal year of the
3		relevant hospital entity, or the fiscal year of one of the
4		hospitals in the hospital system if the relevant hospital
5		entity is a hospital system with members with different
6		fiscal years, that ends in the year prior to the year in
7		which the affidavit is due. However, if that fiscal year
8		ends 3 months or less before the date on which the
9		affidavit is due, the relevant hospital entity shall file
10		an interim affidavit based on the currently available
11		information, and shall file a supplemental affidavit
12		within 90 days of date on which the application was due, if
13		the information in the relevant hospital entity's audited
14		financial statements changes the interim affidavit's
15		statement concerning the entity's compliance with the
16		calculation required by Section 15-86.
17		(3) The affidavit shall be accompanied by an exhibit
18		prepared by the relevant hospital entity showing (A) the
19		value of the relevant hospital entity's services and
20		activities, if any, under items (1) through (7) of
21		subsection (e) of Section 15-86, stated separately for each
22		item, and (B) the value relating to the relevant hospital
23		entity's estimated property tax liability under paragraphs
24		(A), (B), and (C) of item (1) of subsection (g) of Section
25		15-86; under paragraphs (A), (B), and (C) of item (2) of
26		subsection (g) of Section 15-86; and under item (3) of

HB4049 Engrossed - 527 - LRB099 03667 KTG 23678 b
1		subsection (g) of Section 15-86.
2		(Source: P.A. 97-688, eff. 6-14-12.)
3		(35 ILCS 200/15-86)
4		Sec. 15-86. Exemptions related to access to hospital and
5		health care services by low-income and underserved
6		individuals.
7		(a) The General Assembly finds:
8		(1) Despite the Supreme Court's decision in Provena
9		Covenant Medical Center v. Dept. of Revenue, 236 Ill.2d
10		368, there is considerable uncertainty surrounding the
11		test for charitable property tax exemption, especially
12		regarding the application of a quantitative or monetary
13		threshold. In Provena, the Department stated that the
14		primary basis for its decision was the hospital's
15		inadequate amount of charitable activity, but the
16		Department has not articulated what constitutes an
17		adequate amount of charitable activity. After Provena, the
18		Department denied property tax exemption applications of 3
19		more hospitals, and, on the effective date of this
20		amendatory Act of the 97th General Assembly, at least 20
21		other hospitals are awaiting rulings on applications for
22		property tax exemption.
23		(2) In Provena, two Illinois Supreme Court justices
24		opined that "setting a monetary or quantum standard is a
25		complex decision which should be left to our legislature,

HB4049 Engrossed - 528 - LRB099 03667 KTG 23678 b
1		should it so choose". The Appellate Court in Provena
2		stated: "The language we use in the State of Illinois to
3		determine whether real property is used for a charitable
4		purpose has its genesis in our 1870 Constitution. It is
5		obvious that such language may be difficult to apply to the
6		modern face of our nation's health care delivery systems".
7		The court noted the many significant changes in the health
8		care system since that time, but concluded that taking
9		these changes into account is a matter of public policy,
10		and "it is the legislature's job, not ours, to make public
11		policy".
12		(3) It is essential to ensure that tax exemption law
13		relating to hospitals accounts for the complexities of the
14		modern health care delivery system. Health care is moving
15		beyond the walls of the hospital. In addition to treating
16		individual patients, hospitals are assuming responsibility
17		for improving the health status of communities and
18		populations. Low-income and underserved communities
19		benefit disproportionately by these activities.
20		(4) The Supreme Court has explained that: "the
21		fundamental ground upon which all exemptions in favor of
22		charitable institutions are based is the benefit conferred
23		upon the public by them, and a consequent relief, to some
24		extent, of the burden upon the state to care for and
25		advance the interests of its citizens". Hospitals relieve
26		the burden of government in many ways, but most

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1		significantly through their participation in and
2		substantial financial subsidization of the Illinois
3		Medicaid program, which could not operate without the
4		participation and partnership of Illinois hospitals.
5		(5) Working with the Illinois hospital community and
6		other interested parties, the General Assembly has
7		developed a comprehensive combination of related
8		legislation that addresses hospital property tax
9		exemption, significantly increases access to free health
10		care for indigent persons, and strengthens the Medical
11		Assistance program. It is the intent of the General
12		Assembly to establish a new category of ownership for
13		charitable property tax exemption to be applied to
14		not-for-profit hospitals and hospital affiliates in lieu
15		of the existing ownership category of "institutions of
16		public charity". It is also the intent of the General
17		Assembly to establish quantifiable standards for the
18		issuance of charitable exemptions for such property. It is
19		not the intent of the General Assembly to declare any
20		property exempt ipso facto, but rather to establish
21		criteria to be applied to the facts on a case-by-case
22		basis.
23		(b) For the purpose of this Section and Section 15-10, the
24		following terms shall have the meanings set forth below:
25		(1) "Hospital" means any institution, place, building,
26		buildings on a campus, or other health care facility

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1		located in Illinois that is licensed under the Hospital
2		Licensing Act and has a hospital owner.
3		(2) "Hospital owner" means a not-for-profit
4		corporation that is the titleholder of a hospital, or the
5		owner of the beneficial interest in an Illinois land trust
6		that is the titleholder of a hospital.
7		(3) "Hospital affiliate" means any corporation,
8		partnership, limited partnership, joint venture, limited
9		liability company, association or other organization,
10		other than a hospital owner, that directly or indirectly
11		controls, is controlled by, or is under common control with
12		one or more hospital owners and that supports, is supported
13		by, or acts in furtherance of the exempt health care
14		purposes of at least one of those hospital owners'
15		hospitals.
16		(4) "Hospital system" means a hospital and one or more
17		other hospitals or hospital affiliates related by common
18		control or ownership.
19		(5) "Control" relating to hospital owners, hospital
20		affiliates, or hospital systems means possession, direct
21		or indirect, of the power to direct or cause the direction
22		of the management and policies of the entity, whether
23		through ownership of assets, membership interest, other
24		voting or governance rights, by contract or otherwise.
25		(6) "Hospital applicant" means a hospital owner or
26		hospital affiliate that files an application for a property

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1		tax exemption pursuant to Section 15-5 and this Section.
2		(7) "Relevant hospital entity" means (A) the hospital
3		owner, in the case of a hospital applicant that is a
4		hospital owner, and (B) at the election of a hospital
5		applicant that is a hospital affiliate, either (i) the
6		hospital affiliate or (ii) the hospital system to which the
7		hospital applicant belongs, including any hospitals or
8		hospital affiliates that are related by common control or
9		ownership.
10		(8) "Subject property" means property for which a
11		hospital applicant files an application for an exemption
12		pursuant to Section 15-5 and this Section.
13		(9) "Hospital year" means the fiscal year of the
14		relevant hospital entity, or the fiscal year of one of the
15		hospital owners in the hospital system if the relevant
16		hospital entity is a hospital system with members with
17		different fiscal years, that ends in the year for which the
18		exemption is sought.
19		(c) A hospital applicant satisfies the conditions for an
20		exemption under this Section with respect to the subject
21		property, and shall be issued a charitable exemption for that
22		property, if the value of services or activities listed in
23		subsection (e) for the hospital year equals or exceeds the
24		relevant hospital entity's estimated property tax liability,
25		as determined under subsection (g), for the year for which
26		exemption is sought. For purposes of making the calculations

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1		required by this subsection (c), if the relevant hospital
2		entity is a hospital owner that owns more than one hospital,
3		the value of the services or activities listed in subsection
4		(e) shall be calculated on the basis of only those services and
5		activities relating to the hospital that includes the subject
6		property, and the relevant hospital entity's estimated
7		property tax liability shall be calculated only with respect to
8		the properties comprising that hospital. In the case of a
9		multi-state hospital system or hospital affiliate, the value of
10		the services or activities listed in subsection (e) shall be
11		calculated on the basis of only those services and activities
12		that occur in Illinois and the relevant hospital entity's
13		estimated property tax liability shall be calculated only with
14		respect to its property located in Illinois.
15		Notwithstanding any other provisions of this Act, any
16		parcel or portion thereof, that is owned by a for-profit entity
17		whether part of the hospital system or not, or that is leased,
18		licensed or operated by a for-profit entity regardless of
19		whether healthcare services are provided on that parcel shall
20		not qualify for exemption. If a parcel has both exempt and
21		non-exempt uses, an exemption may be granted for the qualifying
22		portion of that parcel. In the case of parking lots and common
23		areas serving both exempt and non-exempt uses those parcels or
24		portions thereof may qualify for an exemption in proportion to
25		the amount of qualifying use.
26		(d) The hospital applicant shall include information in its

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1		exemption application establishing that it satisfies the
2		requirements of subsection (c). For purposes of making the
3		calculations required by subsection (c), the hospital
4		applicant may for each year elect to use either (1) the value
5		of the services or activities listed in subsection (e) for the
6		hospital year or (2) the average value of those services or
7		activities for the 3 fiscal years ending with the hospital
8		year. If the relevant hospital entity has been in operation for
9		less than 3 completed fiscal years, then the latter
10		calculation, if elected, shall be performed on a pro rata
11		basis.
12		(e) Services that address the health care needs of
13		low-income or underserved individuals or relieve the burden of
14		government with regard to health care services. The following
15		services and activities shall be considered for purposes of
16		making the calculations required by subsection (c):
17		(1) Charity care. Free or discounted services provided
18		pursuant to the relevant hospital entity's financial
19		assistance policy, measured at cost, including discounts
20		provided under the Hospital Uninsured Patient Discount
21		Act.
22		(2) Health services to low-income and underserved
23		individuals. Other unreimbursed costs of the relevant
24		hospital entity for providing without charge, paying for,
25		or subsidizing goods, activities, or services for the
26		purpose of addressing the health of low-income or

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1		underserved individuals. Those activities or services may
2		include, but are not limited to: financial or in-kind
3		support to affiliated or unaffiliated hospitals, hospital
4		affiliates, community clinics, or programs that treat
5		low-income or underserved individuals; paying for or
6		subsidizing health care professionals who care for
7		low-income or underserved individuals; providing or
8		subsidizing outreach or educational services to low-income
9		or underserved individuals for disease management and
10		prevention; free or subsidized goods, supplies, or
11		services needed by low-income or underserved individuals
12		because of their medical condition; and prenatal or
13		childbirth outreach to low-income or underserved persons.
14		(3) Subsidy of State or local governments. Direct or
15		indirect financial or in-kind subsidies of State or local
16		governments by the relevant hospital entity that pay for or
17		subsidize activities or programs related to health care for
18		low-income or underserved individuals.
19		(4) Support for State health care programs for
20		low-income individuals. At the election of the hospital
21		applicant for each applicable year, either (A) 10% of
22		payments to the relevant hospital entity and any hospital
23		affiliate designated by the relevant hospital entity
24		(provided that such hospital affiliate's operations
25		provide financial or operational support for or receive
26		financial or operational support from the relevant

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1		hospital entity) under Medicaid or other means-tested
2		programs, including, but not limited to, General
3		Assistance, the Covering ALL KIDS Health Insurance Act, and
4		the State Children's Health Insurance Program or (B) the
5		amount of subsidy provided by the relevant hospital entity
6		and any hospital affiliate designated by the relevant
7		hospital entity (provided that such hospital affiliate's
8		operations provide financial or operational support for or
9		receive financial or operational support from the relevant
10		hospital entity) to State or local government in treating
11		Medicaid recipients and recipients of means-tested
12		programs, including but not limited to General Assistance,
13		the Covering ALL KIDS Health Insurance Act, and the State
14		Children's Health Insurance Program. The amount of subsidy
15		for purposes of this item (4) is calculated in the same
16		manner as unreimbursed costs are calculated for Medicaid
17		and other means-tested government programs in the Schedule
18		H of IRS Form 990 in effect on the effective date of this
19		amendatory Act of the 97th General Assembly; provided,
20		however, that in any event unreimbursed costs shall be net
21		of fee-for-services payments, payments pursuant to an
22		assessment, quarterly payments, and all other payments
23		included on the schedule H of the IRS form 990.
24		(5) Dual-eligible subsidy. The amount of subsidy
25		provided to government by treating dual-eligible
26		Medicare/Medicaid patients. The amount of subsidy for

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1		purposes of this item (5) is calculated by multiplying the
2		relevant hospital entity's unreimbursed costs for
3		Medicare, calculated in the same manner as determined in
4		the Schedule H of IRS Form 990 in effect on the effective
5		date of this amendatory Act of the 97th General Assembly,
6		by the relevant hospital entity's ratio of dual-eligible
7		patients to total Medicare patients.
8		(6) Relief of the burden of government related to
9		health care of low-income individuals. Except to the extent
10		otherwise taken into account in this subsection, the
11		portion of unreimbursed costs of the relevant hospital
12		entity attributable to providing, paying for, or
13		subsidizing goods, activities, or services that relieve
14		the burden of government related to health care for
15		low-income individuals. Such activities or services shall
16		include, but are not limited to, providing emergency,
17		trauma, burn, neonatal, psychiatric, rehabilitation, or
18		other special services; providing medical education; and
19		conducting medical research or training of health care
20		professionals. The portion of those unreimbursed costs
21		attributable to benefiting low-income individuals shall be
22		determined using the ratio calculated by adding the
23		relevant hospital entity's costs attributable to charity
24		care, Medicaid, other means-tested government programs,
25		Medicare patients with disabilities disabled Medicare
26		patients under age 65, and dual-eligible Medicare/Medicaid

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1		patients and dividing that total by the relevant hospital
2		entity's total costs. Such costs for the numerator and
3		denominator shall be determined by multiplying gross
4		charges by the cost to charge ratio taken from the
5		hospitals' most recently filed Medicare cost report (CMS
6		2252-10 Worksheet C, Part I). In the case of emergency
7		services, the ratio shall be calculated using costs (gross
8		charges multiplied by the cost to charge ratio taken from
9		the hospitals' most recently filed Medicare cost report
10		(CMS 2252-10 Worksheet C, Part I)) of patients treated in
11		the relevant hospital entity's emergency department.
12		(7) Any other activity by the relevant hospital entity
13		that the Department determines relieves the burden of
14		government or addresses the health of low-income or
15		underserved individuals.
16		(f) For purposes of making the calculations required by
17		subsections (c) and (e):
18		(1) particular services or activities eligible for
19		consideration under any of the paragraphs (1) through (7)
20		of subsection (e) may not be counted under more than one of
21		those paragraphs; and
22		(2) the amount of unreimbursed costs and the amount of
23		subsidy shall not be reduced by restricted or unrestricted
24		payments received by the relevant hospital entity as
25		contributions deductible under Section 170(a) of the
26		Internal Revenue Code.

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1		(g) Estimation of Exempt Property Tax Liability. The
2		estimated property tax liability used for the determination in
3		subsection (c) shall be calculated as follows:
4		(1) "Estimated property tax liability" means the
5		estimated dollar amount of property tax that would be owed,
6		with respect to the exempt portion of each of the relevant
7		hospital entity's properties that are already fully or
8		partially exempt, or for which an exemption in whole or in
9		part is currently being sought, and then aggregated as
10		applicable, as if the exempt portion of those properties
11		were subject to tax, calculated with respect to each such
12		property by multiplying:
13		(A) the lesser of (i) the actual assessed value, if
14		any, of the portion of the property for which an
15		exemption is sought or (ii) an estimated assessed value
16		of the exempt portion of such property as determined in
17		item (2) of this subsection (g), by:
18		(B) the applicable State equalization rate
19		(yielding the equalized assessed value), by
20		(C) the applicable tax rate.
21		(2) The estimated assessed value of the exempt portion
22		of the property equals the sum of (i) the estimated fair
23		market value of buildings on the property, as determined in
24		accordance with subparagraphs (A) and (B) of this item (2),
25		multiplied by the applicable assessment factor, and (ii)
26		the estimated assessed value of the land portion of the

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1		property, as determined in accordance with subparagraph
2		(C).
3		(A) The "estimated fair market value of buildings
4		on the property" means the replacement value of any
5		exempt portion of buildings on the property, minus
6		depreciation, determined utilizing the cost
7		replacement method whereby the exempt square footage
8		of all such buildings is multiplied by the replacement
9		cost per square foot for Class A Average building found
10		in the most recent edition of the Marshall & Swift
11		Valuation Services Manual, adjusted by any appropriate
12		current cost and local multipliers.
13		(B) Depreciation, for purposes of calculating the
14		estimated fair market value of buildings on the
15		property, is applied by utilizing a weighted mean life
16		for the buildings based on original construction and
17		assuming a 40-year life for hospital buildings and the
18		applicable life for other types of buildings as
19		specified in the American Hospital Association
20		publication "Estimated Useful Lives of Depreciable
21		Hospital Assets". In the case of hospital buildings,
22		the remaining life is divided by 40 and this ratio is
23		multiplied by the replacement cost of the buildings to
24		obtain an estimated fair market value of buildings. If
25		a hospital building is older than 35 years, a remaining
26		life of 5 years for residual value is assumed; and if a

HB4049 Engrossed - 540 - LRB099 03667 KTG 23678 b
1		building is less than 8 years old, a remaining life of
2		32 years is assumed.
3		(C) The estimated assessed value of the land
4		portion of the property shall be determined by
5		multiplying (i) the per square foot average of the
6		assessed values of three parcels of land (not including
7		farm land, and excluding the assessed value of the
8		improvements thereon) reasonably comparable to the
9		property, by (ii) the number of square feet comprising
10		the exempt portion of the property's land square
11		footage.
12		(3) The assessment factor, State equalization rate,
13		and tax rate (including any special factors such as
14		Enterprise Zones) used in calculating the estimated
15		property tax liability shall be for the most recent year
16		that is publicly available from the applicable chief county
17		assessment officer or officers at least 90 days before the
18		end of the hospital year.
19		(4) The method utilized to calculate estimated
20		property tax liability for purposes of this Section 15-86
21		shall not be utilized for the actual valuation, assessment,
22		or taxation of property pursuant to the Property Tax Code.
23		(h) Application. Each hospital applicant applying for a
24		property tax exemption pursuant to Section 15-5 and this
25		Section shall use an application form provided by the
26		Department. The application form shall specify the records

HB4049 Engrossed - 541 - LRB099 03667 KTG 23678 b
1		required in support of the application and those records shall
2		be submitted to the Department with the application form. Each
3		application or affidavit shall contain a verification by the
4		Chief Executive Officer of the hospital applicant under oath or
5		affirmation stating that each statement in the application or
6		affidavit and each document submitted with the application or
7		affidavit are true and correct. The records submitted with the
8		application pursuant to this Section shall include an exhibit
9		prepared by the relevant hospital entity showing (A) the value
10		of the relevant hospital entity's services and activities, if
11		any, under paragraphs (1) through (7) of subsection (e) of this
12		Section stated separately for each paragraph, and (B) the value
13		relating to the relevant hospital entity's estimated property
14		tax liability under subsections (g)(1)(A), (B), and (C),
15		subsections (g)(2)(A), (B), and (C), and subsection (g)(3) of
16		this Section stated separately for each item. Such exhibit will
17		be made available to the public by the chief county assessment
18		officer. Nothing in this Section shall be construed as limiting
19		the Attorney General's authority under the Illinois False
20		Claims Act.
21		(i) Nothing in this Section shall be construed to limit the
22		ability of otherwise eligible hospitals, hospital owners,
23		hospital affiliates, or hospital systems to obtain or maintain
24		property tax exemptions pursuant to a provision of the Property
25		Tax Code other than this Section.
26		(Source: P.A. 97-688, eff. 6-14-12.)

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1		(35 ILCS 200/15-165)
2		Sec. 15-165. Veterans with disabilities Disabled veterans.
3		Property up to an assessed value of $100,000, owned and used
4		exclusively by a veteran with a disability disabled veteran, or
5		the spouse or unmarried surviving spouse of the veteran, as a
6		home, is exempt. As used in this Section, a "veteran with a
7		disability" disabled veteran means a person who has served in
8		the Armed Forces of the United States and whose disability is
9		of such a nature that the Federal Government has authorized
10		payment for purchase or construction of Specially Adapted
11		Housing as set forth in the United States Code, Title 38,
12		Chapter 21, Section 2101.
13		The exemption applies to housing where Federal funds have
14		been used to purchase or construct special adaptations to suit
15		the veteran's disability.
16		The exemption also applies to housing that is specially
17		adapted to suit the veteran's disability, and purchased
18		entirely or in part by the proceeds of a sale, casualty loss
19		reimbursement, or other transfer of a home for which the
20		Federal Government had previously authorized payment for
21		purchase or construction as Specially Adapted Housing.
22		However, the entire proceeds of the sale, casualty loss
23		reimbursement, or other transfer of that housing shall be
24		applied to the acquisition of subsequent specially adapted
25		housing to the extent that the proceeds equal the purchase

HB4049 Engrossed - 543 - LRB099 03667 KTG 23678 b
1		price of the subsequently acquired housing.
2		Beginning with the 2015 tax year, the exemption also
3		applies to housing that is specifically constructed or adapted
4		to suit a qualifying veteran's disability if the housing or
5		adaptations are donated by a charitable organization, the
6		veteran has been approved to receive funds for the purchase or
7		construction of Specially Adapted Housing under Title 38,
8		Chapter 21, Section 2101 of the United States Code, and the
9		home has been inspected and certified by a licensed home
10		inspector to be in compliance with applicable standards set
11		forth in U.S. Department of Veterans Affairs, Veterans Benefits
12		Administration Pamphlet 26-13 Handbook for Design of Specially
13		Adapted Housing.
14		For purposes of this Section, "charitable organization"
15		means any benevolent, philanthropic, patriotic, or
16		eleemosynary entity that solicits and collects funds for
17		charitable purposes and includes each local, county, or area
18		division of that charitable organization.
19		For purposes of this Section, "unmarried surviving spouse"
20		means the surviving spouse of the veteran at any time after the
21		death of the veteran during which such surviving spouse is not
22		married.
23		This exemption must be reestablished on an annual basis by
24		certification from the Illinois Department of Veterans'
25		Affairs to the Department, which shall forward a copy of the
26		certification to local assessing officials.

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1		A taxpayer who claims an exemption under Section 15-168 or
2		15-169 may not claim an exemption under this Section.
3		(Source: P.A. 98-1145, eff. 12-30-14.)
4		(35 ILCS 200/15-168)
5		Sec. 15-168. Homestead exemption for persons with
6		disabilities Disabled persons' homestead exemption.
7		(a) Beginning with taxable year 2007, an annual homestead
8		exemption is granted to persons with disabilities disabled
9		persons in the amount of $2,000, except as provided in
10		subsection (c), to be deducted from the property's value as
11		equalized or assessed by the Department of Revenue. The person
12		with a disability disabled person shall receive the homestead
13		exemption upon meeting the following requirements:
14		(1) The property must be occupied as the primary
15		residence by the person with a disability disabled person.
16		(2) The person with a disability disabled person must
17		be liable for paying the real estate taxes on the property.
18		(3) The person with a disability disabled person must
19		be an owner of record of the property or have a legal or
20		equitable interest in the property as evidenced by a
21		written instrument. In the case of a leasehold interest in
22		property, the lease must be for a single family residence.
23		A person who has a disability is disabled during the
24		taxable year is eligible to apply for this homestead exemption
25		during that taxable year. Application must be made during the

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1		application period in effect for the county of residence. If a
2		homestead exemption has been granted under this Section and the
3		person awarded the exemption subsequently becomes a resident of
4		a facility licensed under the Nursing Home Care Act, the
5		Specialized Mental Health Rehabilitation Act of 2013, or the
6		ID/DD Community Care Act, then the exemption shall continue (i)
7		so long as the residence continues to be occupied by the
8		qualifying person's spouse or (ii) if the residence remains
9		unoccupied but is still owned by the person qualified for the
10		homestead exemption.
11		(b) For the purposes of this Section, "person with a
12		disability disabled person" means a person unable to engage in
13		any substantial gainful activity by reason of a medically
14		determinable physical or mental impairment which can be
15		expected to result in death or has lasted or can be expected to
16		last for a continuous period of not less than 12 months.
17		Persons with disabilities Disabled persons filing claims under
18		this Act shall submit proof of disability in such form and
19		manner as the Department shall by rule and regulation
20		prescribe. Proof that a claimant is eligible to receive
21		disability benefits under the Federal Social Security Act shall
22		constitute proof of disability for purposes of this Act.
23		Issuance of an Illinois Person with a Disability Identification
24		Card stating that the claimant is under a Class 2 disability,
25		as defined in Section 4A of the Illinois Identification Card
26		Act, shall constitute proof that the person named thereon is a

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1		person with a disability disabled person for purposes of this
2		Act. A person with a disability disabled person not covered
3		under the Federal Social Security Act and not presenting an
4		Illinois Person with a Disability Identification Card stating
5		that the claimant is under a Class 2 disability shall be
6		examined by a physician designated by the Department, and his
7		status as a person with a disability disabled person determined
8		using the same standards as used by the Social Security
9		Administration. The costs of any required examination shall be
10		borne by the claimant.
11		(c) For land improved with (i) an apartment building owned
12		and operated as a cooperative or (ii) a life care facility as
13		defined under Section 2 of the Life Care Facilities Act that is
14		considered to be a cooperative, the maximum reduction from the
15		value of the property, as equalized or assessed by the
16		Department, shall be multiplied by the number of apartments or
17		units occupied by a person with a disability disabled person.
18		The person with a disability disabled person shall receive the
19		homestead exemption upon meeting the following requirements:
20		(1) The property must be occupied as the primary
21		residence by the person with a disability disabled person.
22		(2) The person with a disability disabled person must
23		be liable by contract with the owner or owners of record
24		for paying the apportioned property taxes on the property
25		of the cooperative or life care facility. In the case of a
26		life care facility, the person with a disability disabled

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1		person must be liable for paying the apportioned property
2		taxes under a life care contract as defined in Section 2 of
3		the Life Care Facilities Act.
4		(3) The person with a disability disabled person must
5		be an owner of record of a legal or equitable interest in
6		the cooperative apartment building. A leasehold interest
7		does not meet this requirement.
8		If a homestead exemption is granted under this subsection, the
9		cooperative association or management firm shall credit the
10		savings resulting from the exemption to the apportioned tax
11		liability of the qualifying person with a disability disabled
12		person. The chief county assessment officer may request
13		reasonable proof that the association or firm has properly
14		credited the exemption. A person who willfully refuses to
15		credit an exemption to the qualified person with a disability
16		disabled person is guilty of a Class B misdemeanor.
17		(d) The chief county assessment officer shall determine the
18		eligibility of property to receive the homestead exemption
19		according to guidelines established by the Department. After a
20		person has received an exemption under this Section, an annual
21		verification of eligibility for the exemption shall be mailed
22		to the taxpayer.
23		In counties with fewer than 3,000,000 inhabitants, the
24		chief county assessment officer shall provide to each person
25		granted a homestead exemption under this Section a form to
26		designate any other person to receive a duplicate of any notice

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1		of delinquency in the payment of taxes assessed and levied
2		under this Code on the person's qualifying property. The
3		duplicate notice shall be in addition to the notice required to
4		be provided to the person receiving the exemption and shall be
5		given in the manner required by this Code. The person filing
6		the request for the duplicate notice shall pay an
7		administrative fee of $5 to the chief county assessment
8		officer. The assessment officer shall then file the executed
9		designation with the county collector, who shall issue the
10		duplicate notices as indicated by the designation. A
11		designation may be rescinded by the person with a disability
12		disabled person in the manner required by the chief county
13		assessment officer.
14		(e) A taxpayer who claims an exemption under Section 15-165
15		or 15-169 may not claim an exemption under this Section.
16		(Source: P.A. 97-38, eff. 6-28-11; 97-227, eff. 1-1-12; 97-813,
17		eff. 7-13-12; 97-1064, eff. 1-1-13; 98-104, eff. 7-22-13.)
18		(35 ILCS 200/15-169)
19		Sec. 15-169. Homestead exemption for veterans with
20		disabilities Disabled veterans standard homestead exemption.
21		(a) Beginning with taxable year 2007, an annual homestead
22		exemption, limited to the amounts set forth in subsection (b),
23		is granted for property that is used as a qualified residence
24		by a veteran with a disability disabled veteran.
25		(b) The amount of the exemption under this Section is as

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1		follows:
2		(1) for veterans with a service-connected disability
3		of at least (i) 75% for exemptions granted in taxable years
4		2007 through 2009 and (ii) 70% for exemptions granted in
5		taxable year 2010 and each taxable year thereafter, as
6		certified by the United States Department of Veterans
7		Affairs, the annual exemption is $5,000; and
8		(2) for veterans with a service-connected disability
9		of at least 50%, but less than (i) 75% for exemptions
10		granted in taxable years 2007 through 2009 and (ii) 70% for
11		exemptions granted in taxable year 2010 and each taxable
12		year thereafter, as certified by the United States
13		Department of Veterans Affairs, the annual exemption is
14		$2,500.
15		(b-5) If a homestead exemption is granted under this
16		Section and the person awarded the exemption subsequently
17		becomes a resident of a facility licensed under the Nursing
18		Home Care Act or a facility operated by the United States
19		Department of Veterans Affairs, then the exemption shall
20		continue (i) so long as the residence continues to be occupied
21		by the qualifying person's spouse or (ii) if the residence
22		remains unoccupied but is still owned by the person who
23		qualified for the homestead exemption.
24		(c) The tax exemption under this Section carries over to
25		the benefit of the veteran's surviving spouse as long as the
26		spouse holds the legal or beneficial title to the homestead,

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1		permanently resides thereon, and does not remarry. If the
2		surviving spouse sells the property, an exemption not to exceed
3		the amount granted from the most recent ad valorem tax roll may
4		be transferred to his or her new residence as long as it is
5		used as his or her primary residence and he or she does not
6		remarry.
7		(c-1) Beginning with taxable year 2015, nothing in this
8		Section shall require the veteran to have qualified for or
9		obtained the exemption before death if the veteran was killed
10		in the line of duty.
11		(d) The exemption under this Section applies for taxable
12		year 2007 and thereafter. A taxpayer who claims an exemption
13		under Section 15-165 or 15-168 may not claim an exemption under
14		this Section.
15		(e) Each taxpayer who has been granted an exemption under
16		this Section must reapply on an annual basis. Application must
17		be made during the application period in effect for the county
18		of his or her residence. The assessor or chief county
19		assessment officer may determine the eligibility of
20		residential property to receive the homestead exemption
21		provided by this Section by application, visual inspection,
22		questionnaire, or other reasonable methods. The determination
23		must be made in accordance with guidelines established by the
24		Department.
25		(f) For the purposes of this Section:
26		"Qualified residence" means real property, but less any

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1		portion of that property that is used for commercial purposes,
2		with an equalized assessed value of less than $250,000 that is
3		the primary residence of a veteran with a disability disabled
4		veteran's primary residence. Property rented for more than 6
5		months is presumed to be used for commercial purposes.
6		"Veteran" means an Illinois resident who has served as a
7		member of the United States Armed Forces on active duty or
8		State active duty, a member of the Illinois National Guard, or
9		a member of the United States Reserve Forces and who has
10		received an honorable discharge.
11		(Source: P.A. 97-333, eff. 8-12-11; 98-1145, eff. 12-30-14.)
12		(35 ILCS 200/15-172)
13		Sec. 15-172. Senior Citizens Assessment Freeze Homestead
14		Exemption.
15		(a) This Section may be cited as the Senior Citizens
16		Assessment Freeze Homestead Exemption.
17		(b) As used in this Section:
18		"Applicant" means an individual who has filed an
19		application under this Section.
20		"Base amount" means the base year equalized assessed value
21		of the residence plus the first year's equalized assessed value
22		of any added improvements which increased the assessed value of
23		the residence after the base year.
24		"Base year" means the taxable year prior to the taxable
25		year for which the applicant first qualifies and applies for

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1		the exemption provided that in the prior taxable year the
2		property was improved with a permanent structure that was
3		occupied as a residence by the applicant who was liable for
4		paying real property taxes on the property and who was either
5		(i) an owner of record of the property or had legal or
6		equitable interest in the property as evidenced by a written
7		instrument or (ii) had a legal or equitable interest as a
8		lessee in the parcel of property that was single family
9		residence. If in any subsequent taxable year for which the
10		applicant applies and qualifies for the exemption the equalized
11		assessed value of the residence is less than the equalized
12		assessed value in the existing base year (provided that such
13		equalized assessed value is not based on an assessed value that
14		results from a temporary irregularity in the property that
15		reduces the assessed value for one or more taxable years), then
16		that subsequent taxable year shall become the base year until a
17		new base year is established under the terms of this paragraph.
18		For taxable year 1999 only, the Chief County Assessment Officer
19		shall review (i) all taxable years for which the applicant
20		applied and qualified for the exemption and (ii) the existing
21		base year. The assessment officer shall select as the new base
22		year the year with the lowest equalized assessed value. An
23		equalized assessed value that is based on an assessed value
24		that results from a temporary irregularity in the property that
25		reduces the assessed value for one or more taxable years shall
26		not be considered the lowest equalized assessed value. The

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1		selected year shall be the base year for taxable year 1999 and
2		thereafter until a new base year is established under the terms
3		of this paragraph.
4		"Chief County Assessment Officer" means the County
5		Assessor or Supervisor of Assessments of the county in which
6		the property is located.
7		"Equalized assessed value" means the assessed value as
8		equalized by the Illinois Department of Revenue.
9		"Household" means the applicant, the spouse of the
10		applicant, and all persons using the residence of the applicant
11		as their principal place of residence.
12		"Household income" means the combined income of the members
13		of a household for the calendar year preceding the taxable
14		year.
15		"Income" has the same meaning as provided in Section 3.07
16		of the Senior Citizens and Persons with Disabilities Disabled
17		Persons Property Tax Relief Act, except that, beginning in
18		assessment year 2001, "income" does not include veteran's
19		benefits.
20		"Internal Revenue Code of 1986" means the United States
21		Internal Revenue Code of 1986 or any successor law or laws
22		relating to federal income taxes in effect for the year
23		preceding the taxable year.
24		"Life care facility that qualifies as a cooperative" means
25		a facility as defined in Section 2 of the Life Care Facilities
26		Act.

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1		"Maximum income limitation" means:
2		(1) $35,000 prior to taxable year 1999;
3		(2) $40,000 in taxable years 1999 through 2003;
4		(3) $45,000 in taxable years 2004 through 2005;
5		(4) $50,000 in taxable years 2006 and 2007; and
6		(5) $55,000 in taxable year 2008 and thereafter.
7		"Residence" means the principal dwelling place and
8		appurtenant structures used for residential purposes in this
9		State occupied on January 1 of the taxable year by a household
10		and so much of the surrounding land, constituting the parcel
11		upon which the dwelling place is situated, as is used for
12		residential purposes. If the Chief County Assessment Officer
13		has established a specific legal description for a portion of
14		property constituting the residence, then that portion of
15		property shall be deemed the residence for the purposes of this
16		Section.
17		"Taxable year" means the calendar year during which ad
18		valorem property taxes payable in the next succeeding year are
19		levied.
20		(c) Beginning in taxable year 1994, a senior citizens
21		assessment freeze homestead exemption is granted for real
22		property that is improved with a permanent structure that is
23		occupied as a residence by an applicant who (i) is 65 years of
24		age or older during the taxable year, (ii) has a household
25		income that does not exceed the maximum income limitation,
26		(iii) is liable for paying real property taxes on the property,

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1		and (iv) is an owner of record of the property or has a legal or
2		equitable interest in the property as evidenced by a written
3		instrument. This homestead exemption shall also apply to a
4		leasehold interest in a parcel of property improved with a
5		permanent structure that is a single family residence that is
6		occupied as a residence by a person who (i) is 65 years of age
7		or older during the taxable year, (ii) has a household income
8		that does not exceed the maximum income limitation, (iii) has a
9		legal or equitable ownership interest in the property as
10		lessee, and (iv) is liable for the payment of real property
11		taxes on that property.
12		In counties of 3,000,000 or more inhabitants, the amount of
13		the exemption for all taxable years is the equalized assessed
14		value of the residence in the taxable year for which
15		application is made minus the base amount. In all other
16		counties, the amount of the exemption is as follows: (i)
17		through taxable year 2005 and for taxable year 2007 and
18		thereafter, the amount of this exemption shall be the equalized
19		assessed value of the residence in the taxable year for which
20		application is made minus the base amount; and (ii) for taxable
21		year 2006, the amount of the exemption is as follows:
22		(1) For an applicant who has a household income of
23		$45,000 or less, the amount of the exemption is the
24		equalized assessed value of the residence in the taxable
25		year for which application is made minus the base amount.
26		(2) For an applicant who has a household income

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1		exceeding $45,000 but not exceeding $46,250, the amount of
2		the exemption is (i) the equalized assessed value of the
3		residence in the taxable year for which application is made
4		minus the base amount (ii) multiplied by 0.8.
5		(3) For an applicant who has a household income
6		exceeding $46,250 but not exceeding $47,500, the amount of
7		the exemption is (i) the equalized assessed value of the
8		residence in the taxable year for which application is made
9		minus the base amount (ii) multiplied by 0.6.
10		(4) For an applicant who has a household income
11		exceeding $47,500 but not exceeding $48,750, the amount of
12		the exemption is (i) the equalized assessed value of the
13		residence in the taxable year for which application is made
14		minus the base amount (ii) multiplied by 0.4.
15		(5) For an applicant who has a household income
16		exceeding $48,750 but not exceeding $50,000, the amount of
17		the exemption is (i) the equalized assessed value of the
18		residence in the taxable year for which application is made
19		minus the base amount (ii) multiplied by 0.2.
20		When the applicant is a surviving spouse of an applicant
21		for a prior year for the same residence for which an exemption
22		under this Section has been granted, the base year and base
23		amount for that residence are the same as for the applicant for
24		the prior year.
25		Each year at the time the assessment books are certified to
26		the County Clerk, the Board of Review or Board of Appeals shall

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1		give to the County Clerk a list of the assessed values of
2		improvements on each parcel qualifying for this exemption that
3		were added after the base year for this parcel and that
4		increased the assessed value of the property.
5		In the case of land improved with an apartment building
6		owned and operated as a cooperative or a building that is a
7		life care facility that qualifies as a cooperative, the maximum
8		reduction from the equalized assessed value of the property is
9		limited to the sum of the reductions calculated for each unit
10		occupied as a residence by a person or persons (i) 65 years of
11		age or older, (ii) with a household income that does not exceed
12		the maximum income limitation, (iii) who is liable, by contract
13		with the owner or owners of record, for paying real property
14		taxes on the property, and (iv) who is an owner of record of a
15		legal or equitable interest in the cooperative apartment
16		building, other than a leasehold interest. In the instance of a
17		cooperative where a homestead exemption has been granted under
18		this Section, the cooperative association or its management
19		firm shall credit the savings resulting from that exemption
20		only to the apportioned tax liability of the owner who
21		qualified for the exemption. Any person who willfully refuses
22		to credit that savings to an owner who qualifies for the
23		exemption is guilty of a Class B misdemeanor.
24		When a homestead exemption has been granted under this
25		Section and an applicant then becomes a resident of a facility
26		licensed under the Assisted Living and Shared Housing Act, the

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1		Nursing Home Care Act, the Specialized Mental Health
2		Rehabilitation Act of 2013, or the ID/DD Community Care Act,
3		the exemption shall be granted in subsequent years so long as
4		the residence (i) continues to be occupied by the qualified
5		applicant's spouse or (ii) if remaining unoccupied, is still
6		owned by the qualified applicant for the homestead exemption.
7		Beginning January 1, 1997, when an individual dies who
8		would have qualified for an exemption under this Section, and
9		the surviving spouse does not independently qualify for this
10		exemption because of age, the exemption under this Section
11		shall be granted to the surviving spouse for the taxable year
12		preceding and the taxable year of the death, provided that,
13		except for age, the surviving spouse meets all other
14		qualifications for the granting of this exemption for those
15		years.
16		When married persons maintain separate residences, the
17		exemption provided for in this Section may be claimed by only
18		one of such persons and for only one residence.
19		For taxable year 1994 only, in counties having less than
20		3,000,000 inhabitants, to receive the exemption, a person shall
21		submit an application by February 15, 1995 to the Chief County
22		Assessment Officer of the county in which the property is
23		located. In counties having 3,000,000 or more inhabitants, for
24		taxable year 1994 and all subsequent taxable years, to receive
25		the exemption, a person may submit an application to the Chief
26		County Assessment Officer of the county in which the property

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1		is located during such period as may be specified by the Chief
2		County Assessment Officer. The Chief County Assessment Officer
3		in counties of 3,000,000 or more inhabitants shall annually
4		give notice of the application period by mail or by
5		publication. In counties having less than 3,000,000
6		inhabitants, beginning with taxable year 1995 and thereafter,
7		to receive the exemption, a person shall submit an application
8		by July 1 of each taxable year to the Chief County Assessment
9		Officer of the county in which the property is located. A
10		county may, by ordinance, establish a date for submission of
11		applications that is different than July 1. The applicant shall
12		submit with the application an affidavit of the applicant's
13		total household income, age, marital status (and if married the
14		name and address of the applicant's spouse, if known), and
15		principal dwelling place of members of the household on January
16		1 of the taxable year. The Department shall establish, by rule,
17		a method for verifying the accuracy of affidavits filed by
18		applicants under this Section, and the Chief County Assessment
19		Officer may conduct audits of any taxpayer claiming an
20		exemption under this Section to verify that the taxpayer is
21		eligible to receive the exemption. Each application shall
22		contain or be verified by a written declaration that it is made
23		under the penalties of perjury. A taxpayer's signing a
24		fraudulent application under this Act is perjury, as defined in
25		Section 32-2 of the Criminal Code of 2012. The applications
26		shall be clearly marked as applications for the Senior Citizens

HB4049 Engrossed - 560 - LRB099 03667 KTG 23678 b
1		Assessment Freeze Homestead Exemption and must contain a notice
2		that any taxpayer who receives the exemption is subject to an
3		audit by the Chief County Assessment Officer.
4		Notwithstanding any other provision to the contrary, in
5		counties having fewer than 3,000,000 inhabitants, if an
6		applicant fails to file the application required by this
7		Section in a timely manner and this failure to file is due to a
8		mental or physical condition sufficiently severe so as to
9		render the applicant incapable of filing the application in a
10		timely manner, the Chief County Assessment Officer may extend
11		the filing deadline for a period of 30 days after the applicant
12		regains the capability to file the application, but in no case
13		may the filing deadline be extended beyond 3 months of the
14		original filing deadline. In order to receive the extension
15		provided in this paragraph, the applicant shall provide the
16		Chief County Assessment Officer with a signed statement from
17		the applicant's physician stating the nature and extent of the
18		condition, that, in the physician's opinion, the condition was
19		so severe that it rendered the applicant incapable of filing
20		the application in a timely manner, and the date on which the
21		applicant regained the capability to file the application.
22		Beginning January 1, 1998, notwithstanding any other
23		provision to the contrary, in counties having fewer than
24		3,000,000 inhabitants, if an applicant fails to file the
25		application required by this Section in a timely manner and
26		this failure to file is due to a mental or physical condition

HB4049 Engrossed - 561 - LRB099 03667 KTG 23678 b
1		sufficiently severe so as to render the applicant incapable of
2		filing the application in a timely manner, the Chief County
3		Assessment Officer may extend the filing deadline for a period
4		of 3 months. In order to receive the extension provided in this
5		paragraph, the applicant shall provide the Chief County
6		Assessment Officer with a signed statement from the applicant's
7		physician stating the nature and extent of the condition, and
8		that, in the physician's opinion, the condition was so severe
9		that it rendered the applicant incapable of filing the
10		application in a timely manner.
11		In counties having less than 3,000,000 inhabitants, if an
12		applicant was denied an exemption in taxable year 1994 and the
13		denial occurred due to an error on the part of an assessment
14		official, or his or her agent or employee, then beginning in
15		taxable year 1997 the applicant's base year, for purposes of
16		determining the amount of the exemption, shall be 1993 rather
17		than 1994. In addition, in taxable year 1997, the applicant's
18		exemption shall also include an amount equal to (i) the amount
19		of any exemption denied to the applicant in taxable year 1995
20		as a result of using 1994, rather than 1993, as the base year,
21		(ii) the amount of any exemption denied to the applicant in
22		taxable year 1996 as a result of using 1994, rather than 1993,
23		as the base year, and (iii) the amount of the exemption
24		erroneously denied for taxable year 1994.
25		For purposes of this Section, a person who will be 65 years
26		of age during the current taxable year shall be eligible to

HB4049 Engrossed - 562 - LRB099 03667 KTG 23678 b
1		apply for the homestead exemption during that taxable year.
2		Application shall be made during the application period in
3		effect for the county of his or her residence.
4		The Chief County Assessment Officer may determine the
5		eligibility of a life care facility that qualifies as a
6		cooperative to receive the benefits provided by this Section by
7		use of an affidavit, application, visual inspection,
8		questionnaire, or other reasonable method in order to insure
9		that the tax savings resulting from the exemption are credited
10		by the management firm to the apportioned tax liability of each
11		qualifying resident. The Chief County Assessment Officer may
12		request reasonable proof that the management firm has so
13		credited that exemption.
14		Except as provided in this Section, all information
15		received by the chief county assessment officer or the
16		Department from applications filed under this Section, or from
17		any investigation conducted under the provisions of this
18		Section, shall be confidential, except for official purposes or
19		pursuant to official procedures for collection of any State or
20		local tax or enforcement of any civil or criminal penalty or
21		sanction imposed by this Act or by any statute or ordinance
22		imposing a State or local tax. Any person who divulges any such
23		information in any manner, except in accordance with a proper
24		judicial order, is guilty of a Class A misdemeanor.
25		Nothing contained in this Section shall prevent the
26		Director or chief county assessment officer from publishing or

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1		making available reasonable statistics concerning the
2		operation of the exemption contained in this Section in which
3		the contents of claims are grouped into aggregates in such a
4		way that information contained in any individual claim shall
5		not be disclosed.
6		(d) Each Chief County Assessment Officer shall annually
7		publish a notice of availability of the exemption provided
8		under this Section. The notice shall be published at least 60
9		days but no more than 75 days prior to the date on which the
10		application must be submitted to the Chief County Assessment
11		Officer of the county in which the property is located. The
12		notice shall appear in a newspaper of general circulation in
13		the county.
14		Notwithstanding Sections 6 and 8 of the State Mandates Act,
15		no reimbursement by the State is required for the
16		implementation of any mandate created by this Section.
17		(Source: P.A. 97-38, eff. 6-28-11; 97-227, eff. 1-1-12; 97-689,
18		eff. 6-14-12; 97-813, eff. 7-13-12; 97-1150, eff. 1-25-13;
19		98-104, eff. 7-22-13.)
20		(35 ILCS 200/15-175)
21		Sec. 15-175. General homestead exemption.
22		(a) Except as provided in Sections 15-176 and 15-177,
23		homestead property is entitled to an annual homestead exemption
24		limited, except as described here with relation to
25		cooperatives, to a reduction in the equalized assessed value of

HB4049 Engrossed - 564 - LRB099 03667 KTG 23678 b
1		homestead property equal to the increase in equalized assessed
2		value for the current assessment year above the equalized
3		assessed value of the property for 1977, up to the maximum
4		reduction set forth below. If however, the 1977 equalized
5		assessed value upon which taxes were paid is subsequently
6		determined by local assessing officials, the Property Tax
7		Appeal Board, or a court to have been excessive, the equalized
8		assessed value which should have been placed on the property
9		for 1977 shall be used to determine the amount of the
10		exemption.
11		(b) Except as provided in Section 15-176, the maximum
12		reduction before taxable year 2004 shall be $4,500 in counties
13		with 3,000,000 or more inhabitants and $3,500 in all other
14		counties. Except as provided in Sections 15-176 and 15-177, for
15		taxable years 2004 through 2007, the maximum reduction shall be
16		$5,000, for taxable year 2008, the maximum reduction is $5,500,
17		and, for taxable years 2009 through 2011, the maximum reduction
18		is $6,000 in all counties. For taxable years 2012 and
19		thereafter, the maximum reduction is $7,000 in counties with
20		3,000,000 or more inhabitants and $6,000 in all other counties.
21		If a county has elected to subject itself to the provisions of
22		Section 15-176 as provided in subsection (k) of that Section,
23		then, for the first taxable year only after the provisions of
24		Section 15-176 no longer apply, for owners who, for the taxable
25		year, have not been granted a senior citizens assessment freeze
26		homestead exemption under Section 15-172 or a long-time

HB4049 Engrossed - 565 - LRB099 03667 KTG 23678 b
1		occupant homestead exemption under Section 15-177, there shall
2		be an additional exemption of $5,000 for owners with a
3		household income of $30,000 or less.
4		(c) In counties with fewer than 3,000,000 inhabitants, if,
5		based on the most recent assessment, the equalized assessed
6		value of the homestead property for the current assessment year
7		is greater than the equalized assessed value of the property
8		for 1977, the owner of the property shall automatically receive
9		the exemption granted under this Section in an amount equal to
10		the increase over the 1977 assessment up to the maximum
11		reduction set forth in this Section.
12		(d) If in any assessment year beginning with the 2000
13		assessment year, homestead property has a pro-rata valuation
14		under Section 9-180 resulting in an increase in the assessed
15		valuation, a reduction in equalized assessed valuation equal to
16		the increase in equalized assessed value of the property for
17		the year of the pro-rata valuation above the equalized assessed
18		value of the property for 1977 shall be applied to the property
19		on a proportionate basis for the period the property qualified
20		as homestead property during the assessment year. The maximum
21		proportionate homestead exemption shall not exceed the maximum
22		homestead exemption allowed in the county under this Section
23		divided by 365 and multiplied by the number of days the
24		property qualified as homestead property.
25		(e) The chief county assessment officer may, when
26		considering whether to grant a leasehold exemption under this

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1		Section, require the following conditions to be met:
2		(1) that a notarized application for the exemption,
3		signed by both the owner and the lessee of the property,
4		must be submitted each year during the application period
5		in effect for the county in which the property is located;
6		(2) that a copy of the lease must be filed with the
7		chief county assessment officer by the owner of the
8		property at the time the notarized application is
9		submitted;
10		(3) that the lease must expressly state that the lessee
11		is liable for the payment of property taxes; and
12		(4) that the lease must include the following language
13		in substantially the following form:
14		"Lessee shall be liable for the payment of real
15		estate taxes with respect to the residence in
16		accordance with the terms and conditions of Section
17		15-175 of the Property Tax Code (35 ILCS 200/15-175).
18		The permanent real estate index number for the premises
19		is (insert number), and, according to the most recent
20		property tax bill, the current amount of real estate
21		taxes associated with the premises is (insert amount)
22		per year. The parties agree that the monthly rent set
23		forth above shall be increased or decreased pro rata
24		(effective January 1 of each calendar year) to reflect
25		any increase or decrease in real estate taxes. Lessee
26		shall be deemed to be satisfying Lessee's liability for

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1		the above mentioned real estate taxes with the monthly
2		rent payments as set forth above (or increased or
3		decreased as set forth herein).".
4		In addition, if there is a change in lessee, or if the
5		lessee vacates the property, then the chief county assessment
6		officer may require the owner of the property to notify the
7		chief county assessment officer of that change.
8		This subsection (e) does not apply to leasehold interests
9		in property owned by a municipality.
10		(f) "Homestead property" under this Section includes
11		residential property that is occupied by its owner or owners as
12		his or their principal dwelling place, or that is a leasehold
13		interest on which a single family residence is situated, which
14		is occupied as a residence by a person who has an ownership
15		interest therein, legal or equitable or as a lessee, and on
16		which the person is liable for the payment of property taxes.
17		For land improved with an apartment building owned and operated
18		as a cooperative or a building which is a life care facility as
19		defined in Section 15-170 and considered to be a cooperative
20		under Section 15-170, the maximum reduction from the equalized
21		assessed value shall be limited to the increase in the value
22		above the equalized assessed value of the property for 1977, up
23		to the maximum reduction set forth above, multiplied by the
24		number of apartments or units occupied by a person or persons
25		who is liable, by contract with the owner or owners of record,
26		for paying property taxes on the property and is an owner of

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1		record of a legal or equitable interest in the cooperative
2		apartment building, other than a leasehold interest. For
3		purposes of this Section, the term "life care facility" has the
4		meaning stated in Section 15-170.
5		"Household", as used in this Section, means the owner, the
6		spouse of the owner, and all persons using the residence of the
7		owner as their principal place of residence.
8		"Household income", as used in this Section, means the
9		combined income of the members of a household for the calendar
10		year preceding the taxable year.
11		"Income", as used in this Section, has the same meaning as
12		provided in Section 3.07 of the Senior Citizens and Persons
13		with Disabilities Disabled Persons Property Tax Relief Act,
14		except that "income" does not include veteran's benefits.
15		(g) In a cooperative where a homestead exemption has been
16		granted, the cooperative association or its management firm
17		shall credit the savings resulting from that exemption only to
18		the apportioned tax liability of the owner who qualified for
19		the exemption. Any person who willfully refuses to so credit
20		the savings shall be guilty of a Class B misdemeanor.
21		(h) Where married persons maintain and reside in separate
22		residences qualifying as homestead property, each residence
23		shall receive 50% of the total reduction in equalized assessed
24		valuation provided by this Section.
25		(i) In all counties, the assessor or chief county
26		assessment officer may determine the eligibility of

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1		residential property to receive the homestead exemption and the
2		amount of the exemption by application, visual inspection,
3		questionnaire or other reasonable methods. The determination
4		shall be made in accordance with guidelines established by the
5		Department, provided that the taxpayer applying for an
6		additional general exemption under this Section shall submit to
7		the chief county assessment officer an application with an
8		affidavit of the applicant's total household income, age,
9		marital status (and, if married, the name and address of the
10		applicant's spouse, if known), and principal dwelling place of
11		members of the household on January 1 of the taxable year. The
12		Department shall issue guidelines establishing a method for
13		verifying the accuracy of the affidavits filed by applicants
14		under this paragraph. The applications shall be clearly marked
15		as applications for the Additional General Homestead
16		Exemption.
17		(j) In counties with fewer than 3,000,000 inhabitants, in
18		the event of a sale of homestead property the homestead
19		exemption shall remain in effect for the remainder of the
20		assessment year of the sale. The assessor or chief county
21		assessment officer may require the new owner of the property to
22		apply for the homestead exemption for the following assessment
23		year.
24		(k) Notwithstanding Sections 6 and 8 of the State Mandates
25		Act, no reimbursement by the State is required for the
26		implementation of any mandate created by this Section.

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1		(Source: P.A. 97-689, eff. 6-14-12; 97-1125, eff. 8-28-12;
2		98-7, eff. 4-23-13; 98-463, eff. 8-16-13.)
3		(35 ILCS 200/18-185)
4		Sec. 18-185. Short title; definitions. This Division 5 may
5		be cited as the Property Tax Extension Limitation Law. As used
6		in this Division 5:
7		"Consumer Price Index" means the Consumer Price Index for
8		All Urban Consumers for all items published by the United
9		States Department of Labor.
10		"Extension limitation" means (a) the lesser of 5% or the
11		percentage increase in the Consumer Price Index during the
12		12-month calendar year preceding the levy year or (b) the rate
13		of increase approved by voters under Section 18-205.
14		"Affected county" means a county of 3,000,000 or more
15		inhabitants or a county contiguous to a county of 3,000,000 or
16		more inhabitants.
17		"Taxing district" has the same meaning provided in Section
18		1-150, except as otherwise provided in this Section. For the
19		1991 through 1994 levy years only, "taxing district" includes
20		only each non-home rule taxing district having the majority of
21		its 1990 equalized assessed value within any county or counties
22		contiguous to a county with 3,000,000 or more inhabitants.
23		Beginning with the 1995 levy year, "taxing district" includes
24		only each non-home rule taxing district subject to this Law
25		before the 1995 levy year and each non-home rule taxing

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1		district not subject to this Law before the 1995 levy year
2		having the majority of its 1994 equalized assessed value in an
3		affected county or counties. Beginning with the levy year in
4		which this Law becomes applicable to a taxing district as
5		provided in Section 18-213, "taxing district" also includes
6		those taxing districts made subject to this Law as provided in
7		Section 18-213.
8		"Aggregate extension" for taxing districts to which this
9		Law applied before the 1995 levy year means the annual
10		corporate extension for the taxing district and those special
11		purpose extensions that are made annually for the taxing
12		district, excluding special purpose extensions: (a) made for
13		the taxing district to pay interest or principal on general
14		obligation bonds that were approved by referendum; (b) made for
15		any taxing district to pay interest or principal on general
16		obligation bonds issued before October 1, 1991; (c) made for
17		any taxing district to pay interest or principal on bonds
18		issued to refund or continue to refund those bonds issued
19		before October 1, 1991; (d) made for any taxing district to pay
20		interest or principal on bonds issued to refund or continue to
21		refund bonds issued after October 1, 1991 that were approved by
22		referendum; (e) made for any taxing district to pay interest or
23		principal on revenue bonds issued before October 1, 1991 for
24		payment of which a property tax levy or the full faith and
25		credit of the unit of local government is pledged; however, a
26		tax for the payment of interest or principal on those bonds

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1		shall be made only after the governing body of the unit of
2		local government finds that all other sources for payment are
3		insufficient to make those payments; (f) made for payments
4		under a building commission lease when the lease payments are
5		for the retirement of bonds issued by the commission before
6		October 1, 1991, to pay for the building project; (g) made for
7		payments due under installment contracts entered into before
8		October 1, 1991; (h) made for payments of principal and
9		interest on bonds issued under the Metropolitan Water
10		Reclamation District Act to finance construction projects
11		initiated before October 1, 1991; (i) made for payments of
12		principal and interest on limited bonds, as defined in Section
13		3 of the Local Government Debt Reform Act, in an amount not to
14		exceed the debt service extension base less the amount in items
15		(b), (c), (e), and (h) of this definition for non-referendum
16		obligations, except obligations initially issued pursuant to
17		referendum; (j) made for payments of principal and interest on
18		bonds issued under Section 15 of the Local Government Debt
19		Reform Act; (k) made by a school district that participates in
20		the Special Education District of Lake County, created by
21		special education joint agreement under Section 10-22.31 of the
22		School Code, for payment of the school district's share of the
23		amounts required to be contributed by the Special Education
24		District of Lake County to the Illinois Municipal Retirement
25		Fund under Article 7 of the Illinois Pension Code; the amount
26		of any extension under this item (k) shall be certified by the

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1		school district to the county clerk; (l) made to fund expenses
2		of providing joint recreational programs for persons with
3		disabilities the handicapped under Section 5-8 of the Park
4		District Code or Section 11-95-14 of the Illinois Municipal
5		Code; (m) made for temporary relocation loan repayment purposes
6		pursuant to Sections 2-3.77 and 17-2.2d of the School Code; (n)
7		made for payment of principal and interest on any bonds issued
8		under the authority of Section 17-2.2d of the School Code; (o)
9		made for contributions to a firefighter's pension fund created
10		under Article 4 of the Illinois Pension Code, to the extent of
11		the amount certified under item (5) of Section 4-134 of the
12		Illinois Pension Code; and (p) made for road purposes in the
13		first year after a township assumes the rights, powers, duties,
14		assets, property, liabilities, obligations, and
15		responsibilities of a road district abolished under the
16		provisions of Section 6-133 of the Illinois Highway Code.
17		"Aggregate extension" for the taxing districts to which
18		this Law did not apply before the 1995 levy year (except taxing
19		districts subject to this Law in accordance with Section
20		18-213) means the annual corporate extension for the taxing
21		district and those special purpose extensions that are made
22		annually for the taxing district, excluding special purpose
23		extensions: (a) made for the taxing district to pay interest or
24		principal on general obligation bonds that were approved by
25		referendum; (b) made for any taxing district to pay interest or
26		principal on general obligation bonds issued before March 1,

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1		1995; (c) made for any taxing district to pay interest or
2		principal on bonds issued to refund or continue to refund those
3		bonds issued before March 1, 1995; (d) made for any taxing
4		district to pay interest or principal on bonds issued to refund
5		or continue to refund bonds issued after March 1, 1995 that
6		were approved by referendum; (e) made for any taxing district
7		to pay interest or principal on revenue bonds issued before
8		March 1, 1995 for payment of which a property tax levy or the
9		full faith and credit of the unit of local government is
10		pledged; however, a tax for the payment of interest or
11		principal on those bonds shall be made only after the governing
12		body of the unit of local government finds that all other
13		sources for payment are insufficient to make those payments;
14		(f) made for payments under a building commission lease when
15		the lease payments are for the retirement of bonds issued by
16		the commission before March 1, 1995 to pay for the building
17		project; (g) made for payments due under installment contracts
18		entered into before March 1, 1995; (h) made for payments of
19		principal and interest on bonds issued under the Metropolitan
20		Water Reclamation District Act to finance construction
21		projects initiated before October 1, 1991; (h-4) made for
22		stormwater management purposes by the Metropolitan Water
23		Reclamation District of Greater Chicago under Section 12 of the
24		Metropolitan Water Reclamation District Act; (i) made for
25		payments of principal and interest on limited bonds, as defined
26		in Section 3 of the Local Government Debt Reform Act, in an

HB4049 Engrossed - 575 - LRB099 03667 KTG 23678 b
1		amount not to exceed the debt service extension base less the
2		amount in items (b), (c), and (e) of this definition for
3		non-referendum obligations, except obligations initially
4		issued pursuant to referendum and bonds described in subsection
5		(h) of this definition; (j) made for payments of principal and
6		interest on bonds issued under Section 15 of the Local
7		Government Debt Reform Act; (k) made for payments of principal
8		and interest on bonds authorized by Public Act 88-503 and
9		issued under Section 20a of the Chicago Park District Act for
10		aquarium or museum projects; (l) made for payments of principal
11		and interest on bonds authorized by Public Act 87-1191 or
12		93-601 and (i) issued pursuant to Section 21.2 of the Cook
13		County Forest Preserve District Act, (ii) issued under Section
14		42 of the Cook County Forest Preserve District Act for
15		zoological park projects, or (iii) issued under Section 44.1 of
16		the Cook County Forest Preserve District Act for botanical
17		gardens projects; (m) made pursuant to Section 34-53.5 of the
18		School Code, whether levied annually or not; (n) made to fund
19		expenses of providing joint recreational programs for persons
20		with disabilities the handicapped under Section 5-8 of the Park
21		District Code or Section 11-95-14 of the Illinois Municipal
22		Code; (o) made by the Chicago Park District for recreational
23		programs for persons with disabilities the handicapped under
24		subsection (c) of Section 7.06 of the Chicago Park District
25		Act; (p) made for contributions to a firefighter's pension fund
26		created under Article 4 of the Illinois Pension Code, to the

HB4049 Engrossed - 576 - LRB099 03667 KTG 23678 b
1		extent of the amount certified under item (5) of Section 4-134
2		of the Illinois Pension Code; and (q) made by Ford Heights
3		School District 169 under Section 17-9.02 of the School Code.
4		"Aggregate extension" for all taxing districts to which
5		this Law applies in accordance with Section 18-213, except for
6		those taxing districts subject to paragraph (2) of subsection
7		(e) of Section 18-213, means the annual corporate extension for
8		the taxing district and those special purpose extensions that
9		are made annually for the taxing district, excluding special
10		purpose extensions: (a) made for the taxing district to pay
11		interest or principal on general obligation bonds that were
12		approved by referendum; (b) made for any taxing district to pay
13		interest or principal on general obligation bonds issued before
14		the date on which the referendum making this Law applicable to
15		the taxing district is held; (c) made for any taxing district
16		to pay interest or principal on bonds issued to refund or
17		continue to refund those bonds issued before the date on which
18		the referendum making this Law applicable to the taxing
19		district is held; (d) made for any taxing district to pay
20		interest or principal on bonds issued to refund or continue to
21		refund bonds issued after the date on which the referendum
22		making this Law applicable to the taxing district is held if
23		the bonds were approved by referendum after the date on which
24		the referendum making this Law applicable to the taxing
25		district is held; (e) made for any taxing district to pay
26		interest or principal on revenue bonds issued before the date

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1		on which the referendum making this Law applicable to the
2		taxing district is held for payment of which a property tax
3		levy or the full faith and credit of the unit of local
4		government is pledged; however, a tax for the payment of
5		interest or principal on those bonds shall be made only after
6		the governing body of the unit of local government finds that
7		all other sources for payment are insufficient to make those
8		payments; (f) made for payments under a building commission
9		lease when the lease payments are for the retirement of bonds
10		issued by the commission before the date on which the
11		referendum making this Law applicable to the taxing district is
12		held to pay for the building project; (g) made for payments due
13		under installment contracts entered into before the date on
14		which the referendum making this Law applicable to the taxing
15		district is held; (h) made for payments of principal and
16		interest on limited bonds, as defined in Section 3 of the Local
17		Government Debt Reform Act, in an amount not to exceed the debt
18		service extension base less the amount in items (b), (c), and
19		(e) of this definition for non-referendum obligations, except
20		obligations initially issued pursuant to referendum; (i) made
21		for payments of principal and interest on bonds issued under
22		Section 15 of the Local Government Debt Reform Act; (j) made
23		for a qualified airport authority to pay interest or principal
24		on general obligation bonds issued for the purpose of paying
25		obligations due under, or financing airport facilities
26		required to be acquired, constructed, installed or equipped

HB4049 Engrossed - 578 - LRB099 03667 KTG 23678 b
1		pursuant to, contracts entered into before March 1, 1996 (but
2		not including any amendments to such a contract taking effect
3		on or after that date); (k) made to fund expenses of providing
4		joint recreational programs for persons with disabilities the
5		handicapped under Section 5-8 of the Park District Code or
6		Section 11-95-14 of the Illinois Municipal Code; (l) made for
7		contributions to a firefighter's pension fund created under
8		Article 4 of the Illinois Pension Code, to the extent of the
9		amount certified under item (5) of Section 4-134 of the
10		Illinois Pension Code; and (m) made for the taxing district to
11		pay interest or principal on general obligation bonds issued
12		pursuant to Section 19-3.10 of the School Code.
13		"Aggregate extension" for all taxing districts to which
14		this Law applies in accordance with paragraph (2) of subsection
15		(e) of Section 18-213 means the annual corporate extension for
16		the taxing district and those special purpose extensions that
17		are made annually for the taxing district, excluding special
18		purpose extensions: (a) made for the taxing district to pay
19		interest or principal on general obligation bonds that were
20		approved by referendum; (b) made for any taxing district to pay
21		interest or principal on general obligation bonds issued before
22		the effective date of this amendatory Act of 1997; (c) made for
23		any taxing district to pay interest or principal on bonds
24		issued to refund or continue to refund those bonds issued
25		before the effective date of this amendatory Act of 1997; (d)
26		made for any taxing district to pay interest or principal on

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1		bonds issued to refund or continue to refund bonds issued after
2		the effective date of this amendatory Act of 1997 if the bonds
3		were approved by referendum after the effective date of this
4		amendatory Act of 1997; (e) made for any taxing district to pay
5		interest or principal on revenue bonds issued before the
6		effective date of this amendatory Act of 1997 for payment of
7		which a property tax levy or the full faith and credit of the
8		unit of local government is pledged; however, a tax for the
9		payment of interest or principal on those bonds shall be made
10		only after the governing body of the unit of local government
11		finds that all other sources for payment are insufficient to
12		make those payments; (f) made for payments under a building
13		commission lease when the lease payments are for the retirement
14		of bonds issued by the commission before the effective date of
15		this amendatory Act of 1997 to pay for the building project;
16		(g) made for payments due under installment contracts entered
17		into before the effective date of this amendatory Act of 1997;
18		(h) made for payments of principal and interest on limited
19		bonds, as defined in Section 3 of the Local Government Debt
20		Reform Act, in an amount not to exceed the debt service
21		extension base less the amount in items (b), (c), and (e) of
22		this definition for non-referendum obligations, except
23		obligations initially issued pursuant to referendum; (i) made
24		for payments of principal and interest on bonds issued under
25		Section 15 of the Local Government Debt Reform Act; (j) made
26		for a qualified airport authority to pay interest or principal

HB4049 Engrossed - 580 - LRB099 03667 KTG 23678 b
1		on general obligation bonds issued for the purpose of paying
2		obligations due under, or financing airport facilities
3		required to be acquired, constructed, installed or equipped
4		pursuant to, contracts entered into before March 1, 1996 (but
5		not including any amendments to such a contract taking effect
6		on or after that date); (k) made to fund expenses of providing
7		joint recreational programs for persons with disabilities the
8		handicapped under Section 5-8 of the Park District Code or
9		Section 11-95-14 of the Illinois Municipal Code; and (l) made
10		for contributions to a firefighter's pension fund created under
11		Article 4 of the Illinois Pension Code, to the extent of the
12		amount certified under item (5) of Section 4-134 of the
13		Illinois Pension Code.
14		"Debt service extension base" means an amount equal to that
15		portion of the extension for a taxing district for the 1994
16		levy year, or for those taxing districts subject to this Law in
17		accordance with Section 18-213, except for those subject to
18		paragraph (2) of subsection (e) of Section 18-213, for the levy
19		year in which the referendum making this Law applicable to the
20		taxing district is held, or for those taxing districts subject
21		to this Law in accordance with paragraph (2) of subsection (e)
22		of Section 18-213 for the 1996 levy year, constituting an
23		extension for payment of principal and interest on bonds issued
24		by the taxing district without referendum, but not including
25		excluded non-referendum bonds. For park districts (i) that were
26		first subject to this Law in 1991 or 1995 and (ii) whose

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1		extension for the 1994 levy year for the payment of principal
2		and interest on bonds issued by the park district without
3		referendum (but not including excluded non-referendum bonds)
4		was less than 51% of the amount for the 1991 levy year
5		constituting an extension for payment of principal and interest
6		on bonds issued by the park district without referendum (but
7		not including excluded non-referendum bonds), "debt service
8		extension base" means an amount equal to that portion of the
9		extension for the 1991 levy year constituting an extension for
10		payment of principal and interest on bonds issued by the park
11		district without referendum (but not including excluded
12		non-referendum bonds). A debt service extension base
13		established or increased at any time pursuant to any provision
14		of this Law, except Section 18-212, shall be increased each
15		year commencing with the later of (i) the 2009 levy year or
16		(ii) the first levy year in which this Law becomes applicable
17		to the taxing district, by the lesser of 5% or the percentage
18		increase in the Consumer Price Index during the 12-month
19		calendar year preceding the levy year. The debt service
20		extension base may be established or increased as provided
21		under Section 18-212. "Excluded non-referendum bonds" means
22		(i) bonds authorized by Public Act 88-503 and issued under
23		Section 20a of the Chicago Park District Act for aquarium and
24		museum projects; (ii) bonds issued under Section 15 of the
25		Local Government Debt Reform Act; or (iii) refunding
26		obligations issued to refund or to continue to refund

HB4049 Engrossed - 582 - LRB099 03667 KTG 23678 b
1		obligations initially issued pursuant to referendum.
2		"Special purpose extensions" include, but are not limited
3		to, extensions for levies made on an annual basis for
4		unemployment and workers' compensation, self-insurance,
5		contributions to pension plans, and extensions made pursuant to
6		Section 6-601 of the Illinois Highway Code for a road
7		district's permanent road fund whether levied annually or not.
8		The extension for a special service area is not included in the
9		aggregate extension.
10		"Aggregate extension base" means the taxing district's
11		last preceding aggregate extension as adjusted under Sections
12		18-135, 18-215, and 18-230. An adjustment under Section 18-135
13		shall be made for the 2007 levy year and all subsequent levy
14		years whenever one or more counties within which a taxing
15		district is located (i) used estimated valuations or rates when
16		extending taxes in the taxing district for the last preceding
17		levy year that resulted in the over or under extension of
18		taxes, or (ii) increased or decreased the tax extension for the
19		last preceding levy year as required by Section 18-135(c).
20		Whenever an adjustment is required under Section 18-135, the
21		aggregate extension base of the taxing district shall be equal
22		to the amount that the aggregate extension of the taxing
23		district would have been for the last preceding levy year if
24		either or both (i) actual, rather than estimated, valuations or
25		rates had been used to calculate the extension of taxes for the
26		last levy year, or (ii) the tax extension for the last

HB4049 Engrossed - 583 - LRB099 03667 KTG 23678 b
1		preceding levy year had not been adjusted as required by
2		subsection (c) of Section 18-135.
3		Notwithstanding any other provision of law, for levy year
4		2012, the aggregate extension base for West Northfield School
5		District No. 31 in Cook County shall be $12,654,592.
6		"Levy year" has the same meaning as "year" under Section
7		1-155.
8		"New property" means (i) the assessed value, after final
9		board of review or board of appeals action, of new improvements
10		or additions to existing improvements on any parcel of real
11		property that increase the assessed value of that real property
12		during the levy year multiplied by the equalization factor
13		issued by the Department under Section 17-30, (ii) the assessed
14		value, after final board of review or board of appeals action,
15		of real property not exempt from real estate taxation, which
16		real property was exempt from real estate taxation for any
17		portion of the immediately preceding levy year, multiplied by
18		the equalization factor issued by the Department under Section
19		17-30, including the assessed value, upon final stabilization
20		of occupancy after new construction is complete, of any real
21		property located within the boundaries of an otherwise or
22		previously exempt military reservation that is intended for
23		residential use and owned by or leased to a private corporation
24		or other entity, (iii) in counties that classify in accordance
25		with Section 4 of Article IX of the Illinois Constitution, an
26		incentive property's additional assessed value resulting from

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1		a scheduled increase in the level of assessment as applied to
2		the first year final board of review market value, and (iv) any
3		increase in assessed value due to oil or gas production from an
4		oil or gas well required to be permitted under the Hydraulic
5		Fracturing Regulatory Act that was not produced in or accounted
6		for during the previous levy year. In addition, the county
7		clerk in a county containing a population of 3,000,000 or more
8		shall include in the 1997 recovered tax increment value for any
9		school district, any recovered tax increment value that was
10		applicable to the 1995 tax year calculations.
11		"Qualified airport authority" means an airport authority
12		organized under the Airport Authorities Act and located in a
13		county bordering on the State of Wisconsin and having a
14		population in excess of 200,000 and not greater than 500,000.
15		"Recovered tax increment value" means, except as otherwise
16		provided in this paragraph, the amount of the current year's
17		equalized assessed value, in the first year after a
18		municipality terminates the designation of an area as a
19		redevelopment project area previously established under the
20		Tax Increment Allocation Development Act in the Illinois
21		Municipal Code, previously established under the Industrial
22		Jobs Recovery Law in the Illinois Municipal Code, previously
23		established under the Economic Development Project Area Tax
24		Increment Act of 1995, or previously established under the
25		Economic Development Area Tax Increment Allocation Act, of each
26		taxable lot, block, tract, or parcel of real property in the

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1		redevelopment project area over and above the initial equalized
2		assessed value of each property in the redevelopment project
3		area. For the taxes which are extended for the 1997 levy year,
4		the recovered tax increment value for a non-home rule taxing
5		district that first became subject to this Law for the 1995
6		levy year because a majority of its 1994 equalized assessed
7		value was in an affected county or counties shall be increased
8		if a municipality terminated the designation of an area in 1993
9		as a redevelopment project area previously established under
10		the Tax Increment Allocation Development Act in the Illinois
11		Municipal Code, previously established under the Industrial
12		Jobs Recovery Law in the Illinois Municipal Code, or previously
13		established under the Economic Development Area Tax Increment
14		Allocation Act, by an amount equal to the 1994 equalized
15		assessed value of each taxable lot, block, tract, or parcel of
16		real property in the redevelopment project area over and above
17		the initial equalized assessed value of each property in the
18		redevelopment project area. In the first year after a
19		municipality removes a taxable lot, block, tract, or parcel of
20		real property from a redevelopment project area established
21		under the Tax Increment Allocation Development Act in the
22		Illinois Municipal Code, the Industrial Jobs Recovery Law in
23		the Illinois Municipal Code, or the Economic Development Area
24		Tax Increment Allocation Act, "recovered tax increment value"
25		means the amount of the current year's equalized assessed value
26		of each taxable lot, block, tract, or parcel of real property

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1		removed from the redevelopment project area over and above the
2		initial equalized assessed value of that real property before
3		removal from the redevelopment project area.
4		Except as otherwise provided in this Section, "limiting
5		rate" means a fraction the numerator of which is the last
6		preceding aggregate extension base times an amount equal to one
7		plus the extension limitation defined in this Section and the
8		denominator of which is the current year's equalized assessed
9		value of all real property in the territory under the
10		jurisdiction of the taxing district during the prior levy year.
11		For those taxing districts that reduced their aggregate
12		extension for the last preceding levy year, the highest
13		aggregate extension in any of the last 3 preceding levy years
14		shall be used for the purpose of computing the limiting rate.
15		The denominator shall not include new property or the recovered
16		tax increment value. If a new rate, a rate decrease, or a
17		limiting rate increase has been approved at an election held
18		after March 21, 2006, then (i) the otherwise applicable
19		limiting rate shall be increased by the amount of the new rate
20		or shall be reduced by the amount of the rate decrease, as the
21		case may be, or (ii) in the case of a limiting rate increase,
22		the limiting rate shall be equal to the rate set forth in the
23		proposition approved by the voters for each of the years
24		specified in the proposition, after which the limiting rate of
25		the taxing district shall be calculated as otherwise provided.
26		In the case of a taxing district that obtained referendum

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1		approval for an increased limiting rate on March 20, 2012, the
2		limiting rate for tax year 2012 shall be the rate that
3		generates the approximate total amount of taxes extendable for
4		that tax year, as set forth in the proposition approved by the
5		voters; this rate shall be the final rate applied by the county
6		clerk for the aggregate of all capped funds of the district for
7		tax year 2012.
8		(Source: P.A. 97-611, eff. 1-1-12; 97-1154, eff. 1-25-13; 98-6,
9		eff. 3-29-13; 98-23, eff. 6-17-13.)
10		(35 ILCS 200/20-15)
11		Sec. 20-15. Information on bill or separate statement.
12		There shall be printed on each bill, or on a separate slip
13		which shall be mailed with the bill:
14		(a) a statement itemizing the rate at which taxes have
15		been extended for each of the taxing districts in the
16		county in whose district the property is located, and in
17		those counties utilizing electronic data processing
18		equipment the dollar amount of tax due from the person
19		assessed allocable to each of those taxing districts,
20		including a separate statement of the dollar amount of tax
21		due which is allocable to a tax levied under the Illinois
22		Local Library Act or to any other tax levied by a
23		municipality or township for public library purposes,
24		(b) a separate statement for each of the taxing
25		districts of the dollar amount of tax due which is

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1		allocable to a tax levied under the Illinois Pension Code
2		or to any other tax levied by a municipality or township
3		for public pension or retirement purposes,
4		(c) the total tax rate,
5		(d) the total amount of tax due, and
6		(e) the amount by which the total tax and the tax
7		allocable to each taxing district differs from the
8		taxpayer's last prior tax bill.
9		The county treasurer shall ensure that only those taxing
10		districts in which a parcel of property is located shall be
11		listed on the bill for that property.
12		In all counties the statement shall also provide:
13		(1) the property index number or other suitable
14		description,
15		(2) the assessment of the property,
16		(3) the statutory amount of each homestead exemption
17		applied to the property,
18		(4) the assessed value of the property after
19		application of all homestead exemptions,
20		(5) the equalization factors imposed by the county and
21		by the Department, and
22		(6) the equalized assessment resulting from the
23		application of the equalization factors to the basic
24		assessment.
25		In all counties which do not classify property for purposes
26		of taxation, for property on which a single family residence is

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1		situated the statement shall also include a statement to
2		reflect the fair cash value determined for the property. In all
3		counties which classify property for purposes of taxation in
4		accordance with Section 4 of Article IX of the Illinois
5		Constitution, for parcels of residential property in the lowest
6		assessment classification the statement shall also include a
7		statement to reflect the fair cash value determined for the
8		property.
9		In all counties, the statement must include information
10		that certain taxpayers may be eligible for tax exemptions,
11		abatements, and other assistance programs and that, for more
12		information, taxpayers should consult with the office of their
13		township or county assessor and with the Illinois Department of
14		Revenue.
15		In all counties, the statement shall include information
16		that certain taxpayers may be eligible for the Senior Citizens
17		and Persons with Disabilities Disabled Persons Property Tax
18		Relief Act and that applications are available from the
19		Illinois Department on Aging.
20		In counties which use the estimated or accelerated billing
21		methods, these statements shall only be provided with the final
22		installment of taxes due. The provisions of this Section create
23		a mandatory statutory duty. They are not merely directory or
24		discretionary. The failure or neglect of the collector to mail
25		the bill, or the failure of the taxpayer to receive the bill,
26		shall not affect the validity of any tax, or the liability for

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1		the payment of any tax.
2		(Source: P.A. 97-689, eff. 6-14-12; 98-93, eff. 7-16-13.)
3		(35 ILCS 200/21-27)
4		Sec. 21-27. Waiver of interest penalty.
5		(a) On the recommendation of the county treasurer, the
6		county board may adopt a resolution under which an interest
7		penalty for the delinquent payment of taxes for any year that
8		otherwise would be imposed under Section 21-15, 21-20, or 21-25
9		shall be waived in the case of any person who meets all of the
10		following criteria:
11		(1) The person is determined eligible for a grant under
12		the Senior Citizens and Persons with Disabilities Disabled
13		Persons Property Tax Relief Act with respect to the taxes
14		for that year.
15		(2) The person requests, in writing, on a form approved
16		by the county treasurer, a waiver of the interest penalty,
17		and the request is filed with the county treasurer on or
18		before the first day of the month that an installment of
19		taxes is due.
20		(3) The person pays the installment of taxes due, in
21		full, on or before the third day of the month that the
22		installment is due.
23		(4) The county treasurer approves the request for a
24		waiver.
25		(b) With respect to property that qualifies as a brownfield

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1		site under Section 58.2 of the Environmental Protection Act,
2		the county board, upon the recommendation of the county
3		treasurer, may adopt a resolution to waive an interest penalty
4		for the delinquent payment of taxes for any year that otherwise
5		would be imposed under Section 21-15, 21-20, or 21-25 if all of
6		the following criteria are met:
7		(1) the property has delinquent taxes and an
8		outstanding interest penalty and the amount of that
9		interest penalty is so large as to, possibly, result in all
10		of the taxes becoming uncollectible;
11		(2) the property is part of a redevelopment plan of a
12		unit of local government and that unit of local government
13		does not oppose the waiver of the interest penalty;
14		(3) the redevelopment of the property will benefit the
15		public interest by remediating the brownfield
16		contamination;
17		(4) the taxpayer delivers to the county treasurer (i) a
18		written request for a waiver of the interest penalty, on a
19		form approved by the county treasurer, and (ii) a copy of
20		the redevelopment plan for the property;
21		(5) the taxpayer pays, in full, the amount of up to the
22		amount of the first 2 installments of taxes due, to be held
23		in escrow pending the approval of the waiver, and enters
24		into an agreement with the county treasurer setting forth a
25		schedule for the payment of any remaining taxes due; and
26		(6) the county treasurer approves the request for a

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1		waiver.
2		(Source: P.A. 97-655, eff. 1-13-12; 97-689, eff. 6-14-12.)
3		Section 330. The Illinois Estate and Generation-Skipping
4		Transfer Tax Act is amended by changing Section 12 as follows:
5		(35 ILCS 405/12) (from Ch. 120, par. 405A-12)
6		Sec. 12. Parent as natural guardian for purposes of
7		Sections 2032A and 2057 of the Internal Revenue Code. A parent,
8		without being appointed guardian of the person or guardian of
9		the estate, or a guardian of the estate, or, if no guardian of
10		the estate has been appointed, a guardian of the person, of any
11		minor or person with a disability disabled person whose
12		interest is not adverse to the minor or person with a
13		disability disabled person, may make any election and sign,
14		without court approval, any agreement on behalf of the minor or
15		person with a disability disabled person under (i) Section
16		2032A of the Internal Revenue Code for the valuation of
17		property under that Section or (ii) Section 2057 of the
18		Internal Revenue Code relating to deduction of the value of
19		certain property under that Section. Any election so made, and
20		any agreement so signed, shall have the same legal force and
21		effect as if the election had been made and the agreement had
22		been signed by the minor or person with a disability disabled
23		person and the minor or person with a disability disabled
24		person had been legally competent.

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1		This amendatory Act of the 91st General Assembly applies to
2		elections and agreements made on or after January 1, 1998 in
3		reliance on or pursuant to Section 2057 of the Internal Revenue
4		Code, and those elections and agreements made before the
5		effective date of this amendatory Act are hereby validated.
6		(Source: P.A. 91-349, eff. 7-29-99.)
7		Section 335. The Mobile Home Local Services Tax Act is
8		amended by changing Sections 7 and 7.5 as follows:
9		(35 ILCS 515/7) (from Ch. 120, par. 1207)
10		Sec. 7. The local services tax for owners of mobile homes
11		who (a) are actually residing in such mobile homes, (b) hold
12		title to such mobile home as provided in the Illinois Vehicle
13		Code, and (c) are 65 years of age or older or are persons with
14		disabilities disabled persons within the meaning of Section
15		3.14 of the Senior Citizens and Persons with Disabilities
16		Disabled Persons Property Tax Relief Act on the annual billing
17		date shall be reduced to 80 percent of the tax provided for in
18		Section 3 of this Act. Proof that a claimant has been issued an
19		Illinois Person with a Disability Identification Card stating
20		that the claimant is under a Class 2 disability, as provided in
21		Section 4A of the Illinois Identification Card Act, shall
22		constitute proof that the person thereon named is a person with
23		a disability disabled person within the meaning of this Act. An
24		application for reduction of the tax shall be filed with the

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1		county clerk by the individuals who are entitled to the
2		reduction. If the application is filed after May 1, the
3		reduction in tax shall begin with the next annual bill.
4		Application for the reduction in tax shall be done by
5		submitting proof that the applicant has been issued an Illinois
6		Person with a Disability Identification Card designating the
7		applicant's disability as a Class 2 disability, or by affidavit
8		in substantially the following form:
9		APPLICATION FOR REDUCTION OF MOBILE HOME LOCAL SERVICES TAX
10		I hereby make application for a reduction to 80% of the
11		total tax imposed under "An Act to provide for a local services
12		tax on mobile homes".
13		(1) Senior Citizens
14		(a) I actually reside in the mobile home ....
15		(b) I hold title to the mobile home as provided in the
16		Illinois Vehicle Code ....
17		(c) I reached the age of 65 on or before either January 1
18		(or July 1) of the year in which this statement is filed. My
19		date of birth is: ...
20		(2) Persons with Disabilities Disabled Persons
21		(a) I actually reside in the mobile home...
22		(b) I hold title to the mobile home as provided in the
23		Illinois Vehicle Code ....
24		(c) I became a person with a total disability was totally
25		disabled on ... and have remained a person with a disability
26		disabled until the date of this application. My Social

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1		Security, Veterans, Railroad or Civil Service Total Disability
2		Claim Number is ... The undersigned declares under the penalty
3		of perjury that the above statements are true and correct.
4		Dated (insert date).
5		...........................
6		Signature of owner
7		...........................
8		(Address)
9		...........................
10		(City) (State) (Zip)
11		Approved by:
12		.............................
13		(Assessor)
14		This application shall be accompanied by a copy of the
15		applicant's most recent application filed with the Illinois
16		Department on Aging under the Senior Citizens and Persons with
17		Disabilities Disabled Persons Property Tax Relief Act.
18		(Source: P.A. 97-689, eff. 6-14-12; 97-1064, eff. 1-1-13;
19		98-463, eff. 8-16-13.)
20		(35 ILCS 515/7.5)
21		Sec. 7.5. Exemption for veterans with disabilities
22		disabled veterans.
23		(a) Beginning on January 1, 2004, a mobile home owned and
24		used exclusively by a veteran with a disability disabled

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1		veteran or the spouse or unmarried surviving spouse of the
2		veteran as a home, is exempt from the tax imposed under this
3		Act.
4		Beginning with the 2015 tax year, the exemption also
5		applies to housing that is specifically constructed or adapted
6		to suit a qualifying veteran's disability if the housing or
7		adaptations are donated by a charitable organization, the
8		veteran has been approved to receive funds for the purchase or
9		construction of Specially Adapted Housing under Title 38,
10		Chapter 21, Section 2101 of the United States Code, and the
11		home has been inspected and certified by a licensed home
12		inspector to be in compliance with applicable standards set
13		forth in U.S. Department of Veterans Affairs, Veterans Benefits
14		Administration Pamphlet 26-13 Handbook for Design of Specially
15		Adapted Housing.
16		(b) As used in this Section:
17		"Veteran with a disability Disabled veteran" means a person
18		who has served in the armed forces of the United States and
19		whose disability is of such a nature that the federal
20		government has authorized payment for purchase or construction
21		of specially adapted housing as set forth in the United States
22		Code, Title 38, Chapter 21, Section 2101.
23		For purposes of this Section, "charitable organization"
24		means any benevolent, philanthropic, patriotic, or
25		eleemosynary entity that solicits and collects funds for
26		charitable purposes and includes each local, county, or area

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1		division of that charitable organization.
2		"Unmarried surviving spouse" means the surviving spouse of
3		the veteran at any time after the death of the veteran during
4		which the surviving spouse is not married.
5		(c) Eligibility for this exemption must be reestablished on
6		an annual basis by certification from the Illinois Department
7		of Veterans' Affairs to the county clerk of the county in which
8		the exempt mobile home is located. The county clerk shall
9		forward a copy of the certification to local assessing
10		officials.
11		(Source: P.A. 98-1145, eff. 12-30-14.)
12		Section 340. The Community Self-Revitalization Act is
13		amended by changing Section 15 as follows:
14		(50 ILCS 350/15)
15		Sec. 15. Certification; Board of Economic Advisors.
16		(a) In order to receive the assistance as provided in this
17		Act, a community shall first, by ordinance passed by its
18		corporate authorities, request that the Department certify
19		that it is an economically distressed community. The community
20		must submit a certified copy of the ordinance to the
21		Department. After review of the ordinance, if the Department
22		determines that the community meets the requirements for
23		certification, the Department may certify the community as an
24		economically distressed community.

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1		(b) A community that is certified by the Department as an
2		economically distressed community may appoint a Board of
3		Economic Advisors to create and implement a revitalization plan
4		for the community. The Board shall consist of 18 members of the
5		community, appointed by the mayor or the presiding officer of
6		the county or jointly by the presiding officers of each
7		municipality and county that have joined to form a community
8		for the purposes of this Act. Up to 18 Board members may be
9		appointed from the following vital sectors:
10		(1) A member representing households and families.
11		(2) A member representing religious organizations.
12		(3) A member representing educational institutions.
13		(4) A member representing daycare centers, care
14		centers for persons with disabilities the handicapped, and
15		care centers for the disadvantaged.
16		(5) A member representing community based
17		organizations such as neighborhood improvement
18		associations.
19		(6) A member representing federal and State employment
20		service systems, skill training centers, and placement
21		referrals.
22		(7) A member representing Masonic organizations,
23		fraternities, sororities, and social clubs.
24		(8) A member representing hospitals, nursing homes,
25		senior citizens, public health agencies, and funeral
26		homes.

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1		(9) A member representing organized sports, parks,
2		parties, and games of chance.
3		(10) A member representing political parties, clubs,
4		and affiliations, and election related matters concerning
5		voter education and participation.
6		(11) A member representing the cultural aspects of the
7		community, including cultural events, lifestyles,
8		languages, music, visual and performing arts, and
9		literature.
10		(12) A member representing police and fire protection
11		agencies, prisons, weapons systems, and the military
12		industrial complex.
13		(13) A member representing local businesses.
14		(14) A member representing the retail industry.
15		(15) A member representing the service industry.
16		(16) A member representing the industrial, production,
17		and manufacturing sectors.
18		(17) A member representing the advertising and
19		marketing industry.
20		(18) A member representing the technology services
21		industry.
22		The Board shall meet initially within 30 days of its
23		appointment, shall select one member as chairperson at its
24		initial meeting, and shall thereafter meet at the call of the
25		chairperson. Members of the Board shall serve without
26		compensation.

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1		(c) One third of the initial appointees shall serve for 2
2		years, one third shall serve for 3 years, and one third shall
3		serve for 4 years, as determined by lot. Subsequent appointees
4		shall serve terms of 5 years.
5		(d) The Board shall create a 3-year to 5-year
6		revitalization plan for the community. The plan shall contain
7		distinct, measurable objectives for revitalization. The
8		objectives shall be used to guide ongoing implementation of the
9		plan and to measure progress during the 3-year to 5-year
10		period. The Board shall work in a dynamic manner defining goals
11		for the community based on the strengths and weaknesses of the
12		individual sectors of the community as presented by each member
13		of the Board. The Board shall meet periodically and revise the
14		plan in light of the input from each member of the Board
15		concerning his or her respective sector of expertise. The
16		process shall be a community driven revitalization process,
17		with community-specific data determining the direction and
18		scope of the revitalization.
19		(Source: P.A. 95-557, eff. 8-30-07.)
20		Section 345. The Innovation Development and Economy Act is
21		amended by changing Section 31 as follows:
22		(50 ILCS 470/31)
23		Sec. 31. STAR bond occupation taxes.
24		(a) If the corporate authorities of a political subdivision

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1		have established a STAR bond district and have elected to
2		impose a tax by ordinance pursuant to subsection (b) or (c) of
3		this Section, each year after the date of the adoption of the
4		ordinance and until all STAR bond project costs and all
5		political subdivision obligations financing the STAR bond
6		project costs, if any, have been paid in accordance with the
7		STAR bond project plans, but in no event longer than the
8		maximum maturity date of the last of the STAR bonds issued for
9		projects in the STAR bond district, all amounts generated by
10		the retailers' occupation tax and service occupation tax shall
11		be collected and the tax shall be enforced by the Department of
12		Revenue in the same manner as all retailers' occupation taxes
13		and service occupation taxes imposed in the political
14		subdivision imposing the tax. The corporate authorities of the
15		political subdivision shall deposit the proceeds of the taxes
16		imposed under subsections (b) and (c) into either (i) a special
17		fund held by the corporate authorities of the political
18		subdivision called the STAR Bonds Tax Allocation Fund for the
19		purpose of paying STAR bond project costs and obligations
20		incurred in the payment of those costs if such taxes are
21		designated as pledged STAR revenues by resolution or ordinance
22		of the political subdivision or (ii) the political
23		subdivision's general corporate fund if such taxes are not
24		designated as pledged STAR revenues by resolution or ordinance.
25		The tax imposed under this Section by a municipality may be
26		imposed only on the portion of a STAR bond district that is

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1		within the boundaries of the municipality. For any part of a
2		STAR bond district that lies outside of the boundaries of that
3		municipality, the municipality in which the other part of the
4		STAR bond district lies (or the county, in cases where a
5		portion of the STAR bond district lies in the unincorporated
6		area of a county) is authorized to impose the tax under this
7		Section on that part of the STAR bond district.
8		(b) The corporate authorities of a political subdivision
9		that has established a STAR bond district under this Act may,
10		by ordinance or resolution, impose a STAR Bond Retailers'
11		Occupation Tax upon all persons engaged in the business of
12		selling tangible personal property, other than an item of
13		tangible personal property titled or registered with an agency
14		of this State's government, at retail in the STAR bond district
15		at a rate not to exceed 1% of the gross receipts from the sales
16		made in the course of that business, to be imposed only in
17		0.25% increments. The tax may not be imposed on food for human
18		consumption that is to be consumed off the premises where it is
19		sold (other than alcoholic beverages, soft drinks, and food
20		that has been prepared for immediate consumption),
21		prescription and nonprescription medicines, drugs, medical
22		appliances, modifications to a motor vehicle for the purpose of
23		rendering it usable by a person with a disability disabled
24		person, and insulin, urine testing materials, syringes, and
25		needles used by diabetics, for human use.
26		The tax imposed under this subsection and all civil

HB4049 Engrossed - 603 - LRB099 03667 KTG 23678 b
1		penalties that may be assessed as an incident thereof shall be
2		collected and enforced by the Department of Revenue. The
3		certificate of registration that is issued by the Department to
4		a retailer under the Retailers' Occupation Tax Act shall permit
5		the retailer to engage in a business that is taxable under any
6		ordinance or resolution enacted pursuant to this subsection
7		without registering separately with the Department under such
8		ordinance or resolution or under this subsection. The
9		Department of Revenue shall have full power to administer and
10		enforce this subsection, to collect all taxes and penalties due
11		under this subsection in the manner hereinafter provided, and
12		to determine all rights to credit memoranda arising on account
13		of the erroneous payment of tax or penalty under this
14		subsection. In the administration of, and compliance with, this
15		subsection, the Department and persons who are subject to this
16		subsection shall have the same rights, remedies, privileges,
17		immunities, powers, and duties, and be subject to the same
18		conditions, restrictions, limitations, penalties, exclusions,
19		exemptions, and definitions of terms and employ the same modes
20		of procedure, as are prescribed in Sections 1, 1a through 1o, 2
21		through 2-65 (in respect to all provisions therein other than
22		the State rate of tax), 2c through 2h, 3 (except as to the
23		disposition of taxes and penalties collected), 4, 5, 5a, 5b,
24		5c, 5d, 5e, 5f, 5g, 5i, 5j, 5k, 5l, 6, 6a, 6b, 6c, 7, 8, 9, 10,
25		11, 12, 13, and 14 of the Retailers' Occupation Tax Act and all
26		provisions of the Uniform Penalty and Interest Act, as fully as

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1		if those provisions were set forth herein.
2		If a tax is imposed under this subsection (b), a tax shall
3		also be imposed under subsection (c) of this Section.
4		(c) If a tax has been imposed under subsection (b), a STAR
5		Bond Service Occupation Tax shall also be imposed upon all
6		persons engaged, in the STAR bond district, in the business of
7		making sales of service, who, as an incident to making those
8		sales of service, transfer tangible personal property within
9		the STAR bond district, either in the form of tangible personal
10		property or in the form of real estate as an incident to a sale
11		of service. The tax shall be imposed at the same rate as the
12		tax imposed in subsection (b) and shall not exceed 1% of the
13		selling price of tangible personal property so transferred
14		within the STAR bond district, to be imposed only in 0.25%
15		increments. The tax may not be imposed on food for human
16		consumption that is to be consumed off the premises where it is
17		sold (other than alcoholic beverages, soft drinks, and food
18		that has been prepared for immediate consumption),
19		prescription and nonprescription medicines, drugs, medical
20		appliances, modifications to a motor vehicle for the purpose of
21		rendering it usable by a person with a disability disabled
22		person, and insulin, urine testing materials, syringes, and
23		needles used by diabetics, for human use.
24		The tax imposed under this subsection and all civil
25		penalties that may be assessed as an incident thereof shall be
26		collected and enforced by the Department of Revenue. The

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1		certificate of registration that is issued by the Department to
2		a retailer under the Retailers' Occupation Tax Act or under the
3		Service Occupation Tax Act shall permit the registrant to
4		engage in a business that is taxable under any ordinance or
5		resolution enacted pursuant to this subsection without
6		registering separately with the Department under that
7		ordinance or resolution or under this subsection. The
8		Department of Revenue shall have full power to administer and
9		enforce this subsection, to collect all taxes and penalties due
10		under this subsection, to dispose of taxes and penalties so
11		collected in the manner hereinafter provided, and to determine
12		all rights to credit memoranda arising on account of the
13		erroneous payment of tax or penalty under this subsection. In
14		the administration of, and compliance with this subsection, the
15		Department and persons who are subject to this subsection shall
16		have the same rights, remedies, privileges, immunities,
17		powers, and duties, and be subject to the same conditions,
18		restrictions, limitations, penalties, exclusions, exemptions,
19		and definitions of terms and employ the same modes of procedure
20		as are prescribed in Sections 2, 2a through 2d, 3 through 3-50
21		(in respect to all provisions therein other than the State rate
22		of tax), 4 (except that the reference to the State shall be to
23		the STAR bond district), 5, 7, 8 (except that the jurisdiction
24		to which the tax shall be a debt to the extent indicated in
25		that Section 8 shall be the political subdivision), 9 (except
26		as to the disposition of taxes and penalties collected, and

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1		except that the returned merchandise credit for this tax may
2		not be taken against any State tax), 10, 11, 12 (except the
3		reference therein to Section 2b of the Retailers' Occupation
4		Tax Act), 13 (except that any reference to the State shall mean
5		the political subdivision), the first paragraph of Section 15,
6		and Sections 16, 17, 18, 19 and 20 of the Service Occupation
7		Tax Act and all provisions of the Uniform Penalty and Interest
8		Act, as fully as if those provisions were set forth herein.
9		If a tax is imposed under this subsection (c), a tax shall
10		also be imposed under subsection (b) of this Section.
11		(d) Persons subject to any tax imposed under this Section
12		may reimburse themselves for their seller's tax liability under
13		this Section by separately stating the tax as an additional
14		charge, which charge may be stated in combination, in a single
15		amount, with State taxes that sellers are required to collect
16		under the Use Tax Act, in accordance with such bracket
17		schedules as the Department may prescribe.
18		Whenever the Department determines that a refund should be
19		made under this Section to a claimant instead of issuing a
20		credit memorandum, the Department shall notify the State
21		Comptroller, who shall cause the order to be drawn for the
22		amount specified and to the person named in the notification
23		from the Department. The refund shall be paid by the State
24		Treasurer out of the STAR Bond Retailers' Occupation Tax Fund.
25		The Department shall immediately pay over to the State
26		Treasurer, ex officio, as trustee, all taxes, penalties, and

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1		interest collected under this Section for deposit into the STAR
2		Bond Retailers' Occupation Tax Fund. On or before the 25th day
3		of each calendar month, the Department shall prepare and
4		certify to the Comptroller the disbursement of stated sums of
5		money to named political subdivisions from the STAR Bond
6		Retailers' Occupation Tax Fund, the political subdivisions to
7		be those from which retailers have paid taxes or penalties
8		under this Section to the Department during the second
9		preceding calendar month. The amount to be paid to each
10		political subdivision shall be the amount (not including credit
11		memoranda) collected under this Section during the second
12		preceding calendar month by the Department plus an amount the
13		Department determines is necessary to offset any amounts that
14		were erroneously paid to a different taxing body, and not
15		including an amount equal to the amount of refunds made during
16		the second preceding calendar month by the Department, less 3%
17		of that amount, which shall be deposited into the Tax
18		Compliance and Administration Fund and shall be used by the
19		Department, subject to appropriation, to cover the costs of the
20		Department in administering and enforcing the provisions of
21		this Section, on behalf of such political subdivision, and not
22		including any amount that the Department determines is
23		necessary to offset any amounts that were payable to a
24		different taxing body but were erroneously paid to the
25		political subdivision. Within 10 days after receipt by the
26		Comptroller of the disbursement certification to the political

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1		subdivisions provided for in this Section to be given to the
2		Comptroller by the Department, the Comptroller shall cause the
3		orders to be drawn for the respective amounts in accordance
4		with the directions contained in the certification. The
5		proceeds of the tax paid to political subdivisions under this
6		Section shall be deposited into either (i) the STAR Bonds Tax
7		Allocation Fund by the political subdivision if the political
8		subdivision has designated them as pledged STAR revenues by
9		resolution or ordinance or (ii) the political subdivision's
10		general corporate fund if the political subdivision has not
11		designated them as pledged STAR revenues.
12		An ordinance or resolution imposing or discontinuing the
13		tax under this Section or effecting a change in the rate
14		thereof shall either (i) be adopted and a certified copy
15		thereof filed with the Department on or before the first day of
16		April, whereupon the Department, if all other requirements of
17		this Section are met, shall proceed to administer and enforce
18		this Section as of the first day of July next following the
19		adoption and filing; or (ii) be adopted and a certified copy
20		thereof filed with the Department on or before the first day of
21		October, whereupon, if all other requirements of this Section
22		are met, the Department shall proceed to administer and enforce
23		this Section as of the first day of January next following the
24		adoption and filing.
25		The Department of Revenue shall not administer or enforce
26		an ordinance imposing, discontinuing, or changing the rate of

HB4049 Engrossed - 609 - LRB099 03667 KTG 23678 b
1		the tax under this Section until the political subdivision also
2		provides, in the manner prescribed by the Department, the
3		boundaries of the STAR bond district and each address in the
4		STAR bond district in such a way that the Department can
5		determine by its address whether a business is located in the
6		STAR bond district. The political subdivision must provide this
7		boundary and address information to the Department on or before
8		April 1 for administration and enforcement of the tax under
9		this Section by the Department beginning on the following July
10		1 and on or before October 1 for administration and enforcement
11		of the tax under this Section by the Department beginning on
12		the following January 1. The Department of Revenue shall not
13		administer or enforce any change made to the boundaries of a
14		STAR bond district or any address change, addition, or deletion
15		until the political subdivision reports the boundary change or
16		address change, addition, or deletion to the Department in the
17		manner prescribed by the Department. The political subdivision
18		must provide this boundary change or address change, addition,
19		or deletion information to the Department on or before April 1
20		for administration and enforcement by the Department of the
21		change, addition, or deletion beginning on the following July 1
22		and on or before October 1 for administration and enforcement
23		by the Department of the change, addition, or deletion
24		beginning on the following January 1. The retailers in the STAR
25		bond district shall be responsible for charging the tax imposed
26		under this Section. If a retailer is incorrectly included or

HB4049 Engrossed - 610 - LRB099 03667 KTG 23678 b
1		excluded from the list of those required to collect the tax
2		under this Section, both the Department of Revenue and the
3		retailer shall be held harmless if they reasonably relied on
4		information provided by the political subdivision.
5		A political subdivision that imposes the tax under this
6		Section must submit to the Department of Revenue any other
7		information as the Department may require that is necessary for
8		the administration and enforcement of the tax.
9		When certifying the amount of a monthly disbursement to a
10		political subdivision under this Section, the Department shall
11		increase or decrease the amount by an amount necessary to
12		offset any misallocation of previous disbursements. The offset
13		amount shall be the amount erroneously disbursed within the
14		previous 6 months from the time a misallocation is discovered.
15		Nothing in this Section shall be construed to authorize the
16		political subdivision to impose a tax upon the privilege of
17		engaging in any business which under the Constitution of the
18		United States may not be made the subject of taxation by this
19		State.
20		(e) When STAR bond project costs, including, without
21		limitation, all political subdivision obligations financing
22		STAR bond project costs, have been paid, any surplus funds then
23		remaining in the STAR Bonds Tax Allocation Fund shall be
24		distributed to the treasurer of the political subdivision for
25		deposit into the political subdivision's general corporate
26		fund. Upon payment of all STAR bond project costs and

HB4049 Engrossed - 611 - LRB099 03667 KTG 23678 b
1		retirement of obligations, but in no event later than the
2		maximum maturity date of the last of the STAR bonds issued in
3		the STAR bond district, the political subdivision shall adopt
4		an ordinance immediately rescinding the taxes imposed pursuant
5		to this Section and file a certified copy of the ordinance with
6		the Department in the form and manner as described in this
7		Section.
8		(Source: P.A. 96-939, eff. 6-24-10.)
9		Section 350. The Emergency Telephone System Act is amended
10		by changing Section 15.2a as follows:
11		(50 ILCS 750/15.2a) (from Ch. 134, par. 45.2a)
12		Sec. 15.2a. The installation of or connection to a
13		telephone company's network of any automatic alarm, automatic
14		alerting device, or mechanical dialer that causes the number
15		9-1-1 to be dialed in order to directly access emergency
16		services is prohibited in a 9-1-1 system.
17		This Section does not apply to devices used to enable
18		access to the 9-1-1 system for cognitively-impaired, disabled,
19		or special needs persons or for persons with disabilities in an
20		emergency situation reported by a caregiver after initiating a
21		missing person's report. The device must have the capability to
22		be activated and controlled remotely by trained personnel at a
23		service center to prevent falsely activated or repeated calls
24		to the 9-1-1 system in a single incident. The device must have

HB4049 Engrossed - 612 - LRB099 03667 KTG 23678 b
1		the technical capability to generate location information to
2		the 9-1-1 system. Under no circumstances shall a device be sold
3		for use in a geographical jurisdiction where the 9-1-1 system
4		has not deployed wireless phase II location technology. The
5		alerting device shall also provide for either 2-way
6		communication or send a pre-recorded message to a 9-1-1
7		provider explaining the nature of the emergency so that the
8		9-1-1 provider will be able to dispatch the appropriate
9		emergency responder.
10		Violation of this Section is a Class A misdemeanor. A
11		second or subsequent violation of this Section is a Class 4
12		felony.
13		(Source: P.A. 97-82, eff. 1-1-12.)
14		Section 355. The Counties Code is amended by changing
15		Section 5-1006.7 as follows:
16		(55 ILCS 5/5-1006.7)
17		Sec. 5-1006.7. School facility occupation taxes.
18		(a) In any county, a tax shall be imposed upon all persons
19		engaged in the business of selling tangible personal property,
20		other than personal property titled or registered with an
21		agency of this State's government, at retail in the county on
22		the gross receipts from the sales made in the course of
23		business to provide revenue to be used exclusively for school
24		facility purposes if a proposition for the tax has been

HB4049 Engrossed - 613 - LRB099 03667 KTG 23678 b
1		submitted to the electors of that county and approved by a
2		majority of those voting on the question as provided in
3		subsection (c). The tax under this Section shall be imposed
4		only in one-quarter percent increments and may not exceed 1%.
5		This additional tax may not be imposed on the sale of food
6		for human consumption that is to be consumed off the premises
7		where it is sold (other than alcoholic beverages, soft drinks,
8		and food that has been prepared for immediate consumption) and
9		prescription and non-prescription medicines, drugs, medical
10		appliances and insulin, urine testing materials, syringes and
11		needles used by diabetics. The Department of Revenue has full
12		power to administer and enforce this subsection, to collect all
13		taxes and penalties due under this subsection, to dispose of
14		taxes and penalties so collected in the manner provided in this
15		subsection, and to determine all rights to credit memoranda
16		arising on account of the erroneous payment of a tax or penalty
17		under this subsection. The Department shall deposit all taxes
18		and penalties collected under this subsection into a special
19		fund created for that purpose.
20		In the administration of and compliance with this
21		subsection, the Department and persons who are subject to this
22		subsection (i) have the same rights, remedies, privileges,
23		immunities, powers, and duties, (ii) are subject to the same
24		conditions, restrictions, limitations, penalties, and
25		definitions of terms, and (iii) shall employ the same modes of
26		procedure as are set forth in Sections 1 through 1o, 2 through

HB4049 Engrossed - 614 - LRB099 03667 KTG 23678 b
1		2-70 (in respect to all provisions contained in those Sections
2		other than the State rate of tax), 2a through 2h, 3 (except as
3		to the disposition of taxes and penalties collected), 4, 5, 5a,
4		5b, 5c, 5d, 5e, 5f, 5g, 5h, 5i, 5j, 5k, 5l, 6, 6a, 6b, 6c, 7, 8,
5		9, 10, 11, 11a, 12, and 13 of the Retailers' Occupation Tax Act
6		and all provisions of the Uniform Penalty and Interest Act as
7		if those provisions were set forth in this subsection.
8		The certificate of registration that is issued by the
9		Department to a retailer under the Retailers' Occupation Tax
10		Act permits the retailer to engage in a business that is
11		taxable without registering separately with the Department
12		under an ordinance or resolution under this subsection.
13		Persons subject to any tax imposed under the authority
14		granted in this subsection may reimburse themselves for their
15		seller's tax liability by separately stating that tax as an
16		additional charge, which may be stated in combination, in a
17		single amount, with State tax that sellers are required to
18		collect under the Use Tax Act, pursuant to any bracketed
19		schedules set forth by the Department.
20		(b) If a tax has been imposed under subsection (a), then a
21		service occupation tax must also be imposed at the same rate
22		upon all persons engaged, in the county, in the business of
23		making sales of service, who, as an incident to making those
24		sales of service, transfer tangible personal property within
25		the county as an incident to a sale of service.
26		This tax may not be imposed on sales of food for human

HB4049 Engrossed - 615 - LRB099 03667 KTG 23678 b
1		consumption that is to be consumed off the premises where it is
2		sold (other than alcoholic beverages, soft drinks, and food
3		prepared for immediate consumption) and prescription and
4		non-prescription medicines, drugs, medical appliances and
5		insulin, urine testing materials, syringes, and needles used by
6		diabetics.
7		The tax imposed under this subsection and all civil
8		penalties that may be assessed as an incident thereof shall be
9		collected and enforced by the Department and deposited into a
10		special fund created for that purpose. The Department has full
11		power to administer and enforce this subsection, to collect all
12		taxes and penalties due under this subsection, to dispose of
13		taxes and penalties so collected in the manner provided in this
14		subsection, and to determine all rights to credit memoranda
15		arising on account of the erroneous payment of a tax or penalty
16		under this subsection.
17		In the administration of and compliance with this
18		subsection, the Department and persons who are subject to this
19		subsection shall (i) have the same rights, remedies,
20		privileges, immunities, powers and duties, (ii) be subject to
21		the same conditions, restrictions, limitations, penalties and
22		definition of terms, and (iii) employ the same modes of
23		procedure as are set forth in Sections 2 (except that that
24		reference to State in the definition of supplier maintaining a
25		place of business in this State means the county), 2a through
26		2d, 3 through 3-50 (in respect to all provisions contained in

HB4049 Engrossed - 616 - LRB099 03667 KTG 23678 b
1		those Sections other than the State rate of tax), 4 (except
2		that the reference to the State shall be to the county), 5, 7,
3		8 (except that the jurisdiction to which the tax is a debt to
4		the extent indicated in that Section 8 is the county), 9
5		(except as to the disposition of taxes and penalties
6		collected), 10, 11, 12 (except the reference therein to Section
7		2b of the Retailers' Occupation Tax Act), 13 (except that any
8		reference to the State means the county), Section 15, 16, 17,
9		18, 19, and 20 of the Service Occupation Tax Act and all
10		provisions of the Uniform Penalty and Interest Act, as fully as
11		if those provisions were set forth herein.
12		Persons subject to any tax imposed under the authority
13		granted in this subsection may reimburse themselves for their
14		serviceman's tax liability by separately stating the tax as an
15		additional charge, which may be stated in combination, in a
16		single amount, with State tax that servicemen are authorized to
17		collect under the Service Use Tax Act, pursuant to any
18		bracketed schedules set forth by the Department.
19		(c) The tax under this Section may not be imposed until the
20		question of imposing the tax has been submitted to the electors
21		of the county at a regular election and approved by a majority
22		of the electors voting on the question. For all regular
23		elections held prior to the effective date of this amendatory
24		Act of the 97th General Assembly, upon a resolution by the
25		county board or a resolution by school district boards that
26		represent at least 51% of the student enrollment within the

HB4049 Engrossed - 617 - LRB099 03667 KTG 23678 b
1		county, the county board must certify the question to the
2		proper election authority in accordance with the Election Code.
3		For all regular elections held prior to the effective date
4		of this amendatory Act of the 97th General Assembly, the
5		election authority must submit the question in substantially
6		the following form:
7		Shall (name of county) be authorized to impose a
8		retailers' occupation tax and a service occupation tax
9		(commonly referred to as a "sales tax") at a rate of
10		(insert rate) to be used exclusively for school facility
11		purposes?
12		The election authority must record the votes as "Yes" or "No".
13		If a majority of the electors voting on the question vote
14		in the affirmative, then the county may, thereafter, impose the
15		tax.
16		For all regular elections held on or after the effective
17		date of this amendatory Act of the 97th General Assembly, the
18		regional superintendent of schools for the county must, upon
19		receipt of a resolution or resolutions of school district
20		boards that represent more than 50% of the student enrollment
21		within the county, certify the question to the proper election
22		authority for submission to the electors of the county at the
23		next regular election at which the question lawfully may be
24		submitted to the electors, all in accordance with the Election
25		Code.
26		For all regular elections held on or after the effective

HB4049 Engrossed - 618 - LRB099 03667 KTG 23678 b
1		date of this amendatory Act of the 97th General Assembly, the
2		election authority must submit the question in substantially
3		the following form:
4		Shall a retailers' occupation tax and a service
5		occupation tax (commonly referred to as a "sales tax") be
6		imposed in (name of county) at a rate of (insert rate) to
7		be used exclusively for school facility purposes?
8		The election authority must record the votes as "Yes" or "No".
9		If a majority of the electors voting on the question vote
10		in the affirmative, then the tax shall be imposed at the rate
11		set forth in the question.
12		For the purposes of this subsection (c), "enrollment" means
13		the head count of the students residing in the county on the
14		last school day of September of each year, which must be
15		reported on the Illinois State Board of Education Public School
16		Fall Enrollment/Housing Report.
17		(d) The Department shall immediately pay over to the State
18		Treasurer, ex officio, as trustee, all taxes and penalties
19		collected under this Section to be deposited into the School
20		Facility Occupation Tax Fund, which shall be an unappropriated
21		trust fund held outside the State treasury.
22		On or before the 25th day of each calendar month, the
23		Department shall prepare and certify to the Comptroller the
24		disbursement of stated sums of money to the regional
25		superintendents of schools in counties from which retailers or
26		servicemen have paid taxes or penalties to the Department

HB4049 Engrossed - 619 - LRB099 03667 KTG 23678 b
1		during the second preceding calendar month. The amount to be
2		paid to each regional superintendent of schools and disbursed
3		to him or her in accordance with Section 3-14.31 of the School
4		Code, is equal to the amount (not including credit memoranda)
5		collected from the county under this Section during the second
6		preceding calendar month by the Department, (i) less 2% of that
7		amount, which shall be deposited into the Tax Compliance and
8		Administration Fund and shall be used by the Department,
9		subject to appropriation, to cover the costs of the Department
10		in administering and enforcing the provisions of this Section,
11		on behalf of the county, (ii) plus an amount that the
12		Department determines is necessary to offset any amounts that
13		were erroneously paid to a different taxing body; (iii) less an
14		amount equal to the amount of refunds made during the second
15		preceding calendar month by the Department on behalf of the
16		county; and (iv) less any amount that the Department determines
17		is necessary to offset any amounts that were payable to a
18		different taxing body but were erroneously paid to the county.
19		When certifying the amount of a monthly disbursement to a
20		regional superintendent of schools under this Section, the
21		Department shall increase or decrease the amounts by an amount
22		necessary to offset any miscalculation of previous
23		disbursements within the previous 6 months from the time a
24		miscalculation is discovered.
25		Within 10 days after receipt by the Comptroller from the
26		Department of the disbursement certification to the regional

HB4049 Engrossed - 620 - LRB099 03667 KTG 23678 b
1		superintendents of the schools provided for in this Section,
2		the Comptroller shall cause the orders to be drawn for the
3		respective amounts in accordance with directions contained in
4		the certification.
5		If the Department determines that a refund should be made
6		under this Section to a claimant instead of issuing a credit
7		memorandum, then the Department shall notify the Comptroller,
8		who shall cause the order to be drawn for the amount specified
9		and to the person named in the notification from the
10		Department. The refund shall be paid by the Treasurer out of
11		the School Facility Occupation Tax Fund.
12		(e) For the purposes of determining the local governmental
13		unit whose tax is applicable, a retail sale by a producer of
14		coal or another mineral mined in Illinois is a sale at retail
15		at the place where the coal or other mineral mined in Illinois
16		is extracted from the earth. This subsection does not apply to
17		coal or another mineral when it is delivered or shipped by the
18		seller to the purchaser at a point outside Illinois so that the
19		sale is exempt under the United States Constitution as a sale
20		in interstate or foreign commerce.
21		(f) Nothing in this Section may be construed to authorize a
22		tax to be imposed upon the privilege of engaging in any
23		business that under the Constitution of the United States may
24		not be made the subject of taxation by this State.
25		(g) If a county board imposes a tax under this Section
26		pursuant to a referendum held before the effective date of this

HB4049 Engrossed - 621 - LRB099 03667 KTG 23678 b
1		amendatory Act of the 97th General Assembly at a rate below the
2		rate set forth in the question approved by a majority of
3		electors of that county voting on the question as provided in
4		subsection (c), then the county board may, by ordinance,
5		increase the rate of the tax up to the rate set forth in the
6		question approved by a majority of electors of that county
7		voting on the question as provided in subsection (c). If a
8		county board imposes a tax under this Section pursuant to a
9		referendum held before the effective date of this amendatory
10		Act of the 97th General Assembly, then the board may, by
11		ordinance, discontinue or reduce the rate of the tax. If a tax
12		is imposed under this Section pursuant to a referendum held on
13		or after the effective date of this amendatory Act of the 97th
14		General Assembly, then the county board may reduce or
15		discontinue the tax, but only in accordance with subsection
16		(h-5) of this Section. If, however, a school board issues bonds
17		that are secured by the proceeds of the tax under this Section,
18		then the county board may not reduce the tax rate or
19		discontinue the tax if that rate reduction or discontinuance
20		would adversely affect the school board's ability to pay the
21		principal and interest on those bonds as they become due or
22		necessitate the extension of additional property taxes to pay
23		the principal and interest on those bonds. If the county board
24		reduces the tax rate or discontinues the tax, then a referendum
25		must be held in accordance with subsection (c) of this Section
26		in order to increase the rate of the tax or to reimpose the

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1		discontinued tax.
2		Until January 1, 2014, the results of any election that
3		imposes, reduces, or discontinues a tax under this Section must
4		be certified by the election authority, and any ordinance that
5		increases or lowers the rate or discontinues the tax must be
6		certified by the county clerk and, in each case, filed with the
7		Illinois Department of Revenue either (i) on or before the
8		first day of April, whereupon the Department shall proceed to
9		administer and enforce the tax or change in the rate as of the
10		first day of July next following the filing; or (ii) on or
11		before the first day of October, whereupon the Department shall
12		proceed to administer and enforce the tax or change in the rate
13		as of the first day of January next following the filing.
14		Beginning January 1, 2014, the results of any election that
15		imposes, reduces, or discontinues a tax under this Section must
16		be certified by the election authority, and any ordinance that
17		increases or lowers the rate or discontinues the tax must be
18		certified by the county clerk and, in each case, filed with the
19		Illinois Department of Revenue either (i) on or before the
20		first day of May, whereupon the Department shall proceed to
21		administer and enforce the tax or change in the rate as of the
22		first day of July next following the filing; or (ii) on or
23		before the first day of October, whereupon the Department shall
24		proceed to administer and enforce the tax or change in the rate
25		as of the first day of January next following the filing.
26		(h) For purposes of this Section, "school facility

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1		purposes" means (i) the acquisition, development,
2		construction, reconstruction, rehabilitation, improvement,
3		financing, architectural planning, and installation of capital
4		facilities consisting of buildings, structures, and durable
5		equipment and for the acquisition and improvement of real
6		property and interest in real property required, or expected to
7		be required, in connection with the capital facilities and (ii)
8		the payment of bonds or other obligations heretofore or
9		hereafter issued, including bonds or other obligations
10		heretofore or hereafter issued to refund or to continue to
11		refund bonds or other obligations issued, for school facility
12		purposes, provided that the taxes levied to pay those bonds are
13		abated by the amount of the taxes imposed under this Section
14		that are used to pay those bonds. "School-facility purposes"
15		also includes fire prevention, safety, energy conservation,
16		disabled accessibility, school security, and specified repair
17		purposes set forth under Section 17-2.11 of the School Code.
18		(h-5) A county board in a county where a tax has been
19		imposed under this Section pursuant to a referendum held on or
20		after the effective date of this amendatory Act of the 97th
21		General Assembly may, by ordinance or resolution, submit to the
22		voters of the county the question of reducing or discontinuing
23		the tax. In the ordinance or resolution, the county board shall
24		certify the question to the proper election authority in
25		accordance with the Election Code. The election authority must
26		submit the question in substantially the following form:

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1		Shall the school facility retailers' occupation tax
2		and service occupation tax (commonly referred to as the
3		"school facility sales tax") currently imposed in (name of
4		county) at a rate of (insert rate) be (reduced to (insert
5		rate))(discontinued)?
6		If a majority of the electors voting on the question vote in
7		the affirmative, then, subject to the provisions of subsection
8		(g) of this Section, the tax shall be reduced or discontinued
9		as set forth in the question.
10		(i) This Section does not apply to Cook County.
11		(j) This Section may be cited as the County School Facility
12		Occupation Tax Law.
13		(Source: P.A. 97-542, eff. 8-23-11; 97-813, eff. 7-13-12;
14		98-584, eff. 8-27-13.)
15		Section 360. The County Care for Persons with Developmental
16		Disabilities Act is amended by changing the title of the Act
17		and Sections 1, 1.1, and 1.2 as follows:
18		(55 ILCS 105/Act title)
19		An Act concerning the care and treatment of persons with
20		intellectual or developmental disabilities who are
21		intellectually disabled or under developmental disability.
22		(55 ILCS 105/1) (from Ch. 91 1/2, par. 201)
23		Sec. 1. Facilities or services; tax levy. Any county may

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1		provide facilities or services for the benefit of its residents
2		who are persons with intellectual or developmental
3		disabilities intellectually disabled or under a developmental
4		disability and who are not eligible to participate in any such
5		program conducted under Article 14 of the School Code, or may
6		contract therefor with any privately or publicly operated
7		entity which provides facilities or services either in or out
8		of such county.
9		For such purpose, the county board may levy an annual tax
10		of not to exceed .1% upon all of the taxable property in the
11		county at the value thereof, as equalized or assessed by the
12		Department of Revenue. Taxes first levied under this Section on
13		or after the effective date of this amendatory Act of the 96th
14		General Assembly are subject to referendum approval under
15		Section 1.1 or 1.2 of this Act. Such tax shall be levied and
16		collected in the same manner as other county taxes, but shall
17		not be included in any limitation otherwise prescribed as to
18		the rate or amount of county taxes but shall be in addition
19		thereto and in excess thereof. When collected, such tax shall
20		be paid into a special fund in the county treasury, to be
21		designated as the "Fund for Persons With a Developmental
22		Disability", and shall be used only for the purpose specified
23		in this Section. The levying of this annual tax shall not
24		preclude the county from the use of other federal, State, or
25		local funds for the purpose of providing facilities or services
26		for the care and treatment of its residents who are mentally

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1		retarded or under a developmental disability.
2		(Source: P.A. 96-1350, eff. 7-28-10; 97-227, eff. 1-1-12.)
3		(55 ILCS 105/1.1)
4		Sec. 1.1. Petition for submission to referendum by county.
5		(a) If, on and after the effective date of this amendatory
6		Act of the 96th General Assembly, the county board passes an
7		ordinance or resolution as provided in Section 1 of this Act
8		asking that an annual tax may be levied for the purpose of
9		providing facilities or services set forth in that Section and
10		so instructs the county clerk, the clerk shall certify the
11		proposition to the proper election officials for submission at
12		the next general county election. The proposition shall be in
13		substantially the following form:
14		Shall ..... County levy an annual tax not to exceed
15		0.1% upon the equalized assessed value of all taxable
16		property in the county for the purposes of providing
17		facilities or services for the benefit of its residents who
18		are persons with intellectual or developmental
19		disabilities intellectually disabled or under a
20		developmental disability and who are not eligible to
21		participate in any program provided under Article 14 of the
22		School Code, 105 ILCS 5/14-1.01 et seq., including
23		contracting for those facilities or services with any
24		privately or publicly operated entity that provides those
25		facilities or services either in or out of the county?

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1		(b) If a majority of the votes cast upon the proposition
2		are in favor thereof, such tax levy shall be authorized and the
3		county shall levy a tax not to exceed the rate set forth in
4		Section 1 of this Act.
5		(Source: P.A. 96-1350, eff. 7-28-10; 97-227, eff. 1-1-12;
6		97-813, eff. 7-13-12.)
7		(55 ILCS 105/1.2)
8		Sec. 1.2. Petition for submission to referendum by
9		electors.
10		(a) Whenever a petition for submission to referendum by the
11		electors which requests the establishment and maintenance of
12		facilities or services for the benefit of its residents with a
13		developmental disability and the levy of an annual tax not to
14		exceed 0.1% upon all the taxable property in the county at the
15		value thereof, as equalized or assessed by the Department of
16		Revenue, is signed by electors of the county equal in number to
17		at least 10% of the total votes cast for the office that
18		received the greatest total number of votes at the last
19		preceding general county election and is presented to the
20		county clerk, the clerk shall certify the proposition to the
21		proper election authorities for submission at the next general
22		county election. The proposition shall be in substantially the
23		following form:
24		Shall ..... County levy an annual tax not to exceed
25		0.1% upon the equalized assessed value of all taxable

HB4049 Engrossed - 628 - LRB099 03667 KTG 23678 b
1		property in the county for the purposes of establishing and
2		maintaining facilities or services for the benefit of its
3		residents who are persons with intellectual or
4		developmental disabilities intellectually disabled or
5		under a developmental disability and who are not eligible
6		to participate in any program provided under Article 14 of
7		the School Code, 105 ILCS 5/14-1.01 et seq., including
8		contracting for those facilities or services with any
9		privately or publicly operated entity that provides those
10		facilities or services either in or out of the county?
11		(b) If a majority of the votes cast upon the proposition
12		are in favor thereof, such tax levy shall be authorized and the
13		county shall levy a tax not to exceed the rate set forth in
14		Section 1 of this Act.
15		(Source: P.A. 96-1350, eff. 7-28-10; 97-227, eff. 1-1-12;
16		97-813, eff. 7-13-12.)
17		Section 365. The Township Code is amended by changing
18		Section 30-145 and the heading of Article 185 and Section
19		190-10 and the heading of Article 225 and Sections 225-5 and
20		260-5 as follows:
21		(60 ILCS 1/30-145)
22		Sec. 30-145. Mental health services. If a township is not
23		included in a mental health district organized under the
24		Community Mental Health Act, the electors may authorize the

HB4049 Engrossed - 629 - LRB099 03667 KTG 23678 b
1		board of trustees to provide mental health services ( ,
2		including services for the alcoholic and , the drug addicted,
3		and for persons with intellectual disabilities) the
4		intellectually disabled, for residents of the township by
5		disbursing existing funds if available by contracting with
6		mental health agencies approved by the Department of Human
7		Services, alcoholism treatment programs licensed by the
8		Department of Public Health, and drug abuse facilities and
9		other alcohol and drug abuse services approved by the
10		Department of Human Services. To be eligible to receive
11		township funds, an agency, program, facility, or other service
12		provider must have been in existence for more than one year and
13		must serve the township area.
14		(Source: P.A. 97-227, eff. 1-1-12.)
15		(60 ILCS 1/Art. 185 heading)
16		ARTICLE 185. FACILITIES AND SERVICES
17		FOR PERSONS WITH DEVELOPMENTAL DISABILITIES DEVELOPMENTALLY
18		DISABLED PERSONS
19		(60 ILCS 1/190-10)
20		Sec. 190-10. Mental health services. If a township is not
21		included in a mental health district organized under the
22		Community Mental Health Act, the township board may provide
23		mental health services (including services for the alcoholic
24		and , the drug addicted, and for persons with intellectual

HB4049 Engrossed - 630 - LRB099 03667 KTG 23678 b
1		disabilities the intellectually disabled) for residents of the
2		township by disbursing funds, pursuant to an appropriation, to
3		mental health agencies approved by the Department of Human
4		Services, alcoholism treatment programs licensed by the
5		Department of Public Health, drug abuse facilities approved by
6		the Department of Human Services, and other alcoholism and drug
7		abuse services approved by the Department of Human Services. To
8		be eligible for township funds disbursed under this Section, an
9		agency, program, facility, or other service provider must have
10		been in existence for more than one year and serve the township
11		area.
12		(Source: P.A. 97-227, eff. 1-1-12.)
13		(60 ILCS 1/Art. 225 heading)
14		ARTICLE 225. SERVICES FOR
15		PERSONS WITH DISABILITIES THE DISABLED
16		(60 ILCS 1/225-5)
17		Sec. 225-5. Township committee on persons with
18		disabilities the disabled.
19		(a) The township board may appoint a township committee on
20		persons with disabilities the disabled, comprised of not more
21		than 10 members, one of whom shall be a township trustee
22		appointed by the chairman of the township board. A majority of
23		the committee shall consist of persons with disabilities be
24		disabled. The initial members shall serve their terms as

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1		follows: 3 members for 1 year, 3 members for 2 years, and 3
2		members for 3 years. Succeeding members shall serve 3-year
3		terms. The initial and succeeding trustee members shall serve
4		3-year terms or until termination of their service as township
5		trustees, whichever occurs first.
6		(b) Members of the committee shall select one of their
7		number to serve as chairman and may select other officers
8		deemed necessary.
9		(c) Members of the committee shall serve without
10		compensation but shall be allowed necessary expenses incurred
11		in the performance of their duties under this Section.
12		(d) The committee shall cooperate with any appropriate
13		public or private entity to develop and administer programs
14		designed to enhance the self-sufficiency and quality of life of
15		citizens with disabilities disabled citizens residing within
16		the jurisdiction of the township.
17		(e) The committee may receive any available monies from
18		private sources. The township board may provide funding from
19		the township general fund. The township board may establish and
20		administer a separate fund for the committee on persons with
21		disabilities the disabled and shall authorize all committee
22		expenditures from that fund.
23		(f) The committee may enter into service agreements or
24		contracts for the purpose of providing needed or required
25		services or make grants to another governmental entity,
26		not-for-profit corporation, or community service agency to

HB4049 Engrossed - 632 - LRB099 03667 KTG 23678 b
1		fund programs for persons with disabilities the disabled,
2		subject to the approval of the township board.
3		(g) The committee shall report monthly to the township
4		board on its activities and operation.
5		(h) For purposes of this Section, "persons with
6		disabilities disabled" means any persons any person with a
7		physical or developmental disability.
8		(Source: P.A. 83-1362; 88-62.)
9		(60 ILCS 1/260-5)
10		Sec. 260-5. Distributions from general fund, generally. To
11		the extent that moneys in the township general fund have not
12		been appropriated for other purposes, the township board may
13		direct that distributions be made from that fund as follows:
14		(1) To (i) school districts maintaining grades 1
15		through 8 that are wholly or partly located within the
16		township or (ii) governmental units as defined in Section 1
17		of the Community Mental Health Act that provide mental
18		health facilities and services (including facilities and
19		services for persons with intellectual disabilities the
20		intellectually disabled) under that Act within the
21		township, or (iii) both.
22		(2) To community action agencies that serve township
23		residents. "Community action agencies" are defined as in
24		Part A of Title II of the federal Economic Opportunity Act
25		of 1964.

HB4049 Engrossed - 633 - LRB099 03667 KTG 23678 b
1		(Source: P.A. 97-227, eff. 1-1-12.)
2		Section 370. The Illinois Municipal Code is amended by
3		changing Sections 8-3-7a, 10-5-2, 11-11.1-1, 11-20-14,
4		11-74.3-6, 11-95-13, and 11-95-14 as follows:
5		(65 ILCS 5/8-3-7a) (from Ch. 24, par. 8-3-7a)
6		Sec. 8-3-7a. (a) Whenever a petition containing the
7		signatures of at least l,000 or 10% of the registered voters,
8		whichever is less, residing in a municipality of 500,000 or
9		fewer inhabitants is presented to the corporate authorities of
10		the municipality requesting the submission of a proposition to
11		levy a tax at a rate not exceeding .075% upon the value, as
12		equalized or assessed by the Department of Revenue, of all
13		property within the municipality subject to taxation, for the
14		purpose of financing a public transportation system for elderly
15		persons and persons with disabilities and handicapped persons,
16		the corporate authorities of such municipality shall adopt an
17		ordinance or resolution directing the proper election
18		officials to place the proposition on the ballot at the next
19		election at which such proposition may be voted upon. The
20		petition shall be filed with the corporate authorities at least
21		90 days prior to the next election at which such proposition
22		may be voted upon. The petition may specify whether the
23		transportation system financed by a tax levy under this Section
24		is to serve only the municipality levying such tax or specified

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1		regions outside the corporate boundaries of such municipality
2		in addition thereto. The petition shall be in substantially the
3		following form:
4		We, the undersigned registered voters residing in .....
5		(specify the municipality), in the County of ..... and State of
6		Illinois, do hereby petition that the corporate authorities of
7		....... (specify the municipality) be required to place on the
8		ballot the proposition requiring the municipality to levy an
9		annual tax at the rate of ...... (specify a rate not exceeding
10		.075%) on all taxable property in ....... (specify the
11		municipality) for the purpose of financing a public
12		transportation system for elderly persons and persons with
13		disabilities and handicapped persons within ...... (specify
14		the municipality and any regions outside the corporate
15		boundaries to be served by the transportation system).
16		Name......... Address...........
17		State of Illinois)
18		)ss
19		County of... )
20		I ........, do hereby certify that I am a registered voter,
21		that I reside at No....... street, in the ...... of .........
22		County of ......... and State of Illinois, and that signatures
23		in this sheet were signed in my presence, and are genuine, and
24		that to the best of my knowledge and belief the persons so
25		signing were at the time of signing the petitions registered
26		voters, and that their respective residences are correctly

HB4049 Engrossed - 635 - LRB099 03667 KTG 23678 b
1		stated, as above set forth.
2		...................
3		Subscribed and sworn to me this ........... day of
4		.......... A.D....
5		The proposition shall be in substantially the following
6		form:
7		-------------------------------------------------------------
8		Shall a tax of ...... % (specify
9		a rate not exceeding .075%) be levied
10		annually on all taxable property in
11		......(specify the municipality) to pay YES
12		the cost of operating and maintaining
13		a public transportation system for -------------------
14		elderly persons and persons with disabilities and handicapped
15		persons
16		within........(specify the municipality NO
17		and any regions outside the corporate
18		boundaries to be served by the
19		transportation system)?
20		-------------------------------------------------------------
21		If the majority of the voters of the municipality voting
22		therein vote in favor of the proposition, the corporate
23		authorities of the municipality shall levy such annual tax at
24		the rate specified in the proposition. If the majority of the
25		vote is against such proposition, such tax may not be levied.
26		(b) Municipalities under this Section may contract with any

HB4049 Engrossed - 636 - LRB099 03667 KTG 23678 b
1		not-for-profit corporation, subject to the General Not for
2		Profit Corporation Act and incorporated primarily for the
3		purpose of providing transportation to elderly persons and
4		persons with disabilities and handicapped persons, for such
5		corporation to provide transportation-related services for the
6		purposes of this Section. Municipalities should utilize where
7		possible existing facilities and systems already operating for
8		the purposes outlined in this Section.
9		(c) Taxes authorized under this Section may be used only
10		for the purpose of financing a transportation system for
11		elderly persons and persons with disabilities and handicapped
12		persons as authorized in this Section.
13		(d) For purposes of this Section, "persons with
14		disabilities handicapped person" means any individuals
15		individual who, by reason of illness, injury, age, congenital
16		malfunction, or other permanent or temporary disability, are is
17		unable without special public transportation facilities or
18		special planning or design to utilize ordinary public
19		transportation facilities and services as effectively as
20		persons who are not so affected.
21		"Public transportation for elderly persons and persons with
22		disabilities and handicapped" means a transportation system
23		for persons who have mental or physical difficulty in accessing
24		or using the conventional public mass transportation system, or
25		for any other reason.
26		(Source: P.A. 83-656.)

HB4049 Engrossed - 637 - LRB099 03667 KTG 23678 b
1		(65 ILCS 5/10-5-2) (from Ch. 24, par. 10-5-2)
2		Sec. 10-5-2.
3		Each such policy of insurance shall provide for the payment
4		to every volunteer member of such fire department receiving any
5		injury, which injury was sustained through accidental means and
6		was caused by and arose out of the duties of such member as a
7		volunteer fireman, causing a disability which prevents such
8		member from pursuing his usual vocation, as follows:
9		In such cities, villages and incorporated towns having a
10		population of less than 1,000, a weekly indemnity of not less
11		than $20,
12		In such cities, villages and incorporated towns having a
13		population of 1,000 or more, a weekly indemnity of not less
14		than $30.
15		Every such policy shall further provide:
16		(a) That the weekly indemnity payable thereunder shall be
17		paid as long as such disability shall continue, not however, to
18		exceed a period of 52 weeks.
19		(b) That in the event of the death or total permanent
20		disability of such volunteer fireman, the sum of not less than
21		$3,500 shall be paid to the estate of any such volunteer
22		fireman or to such volunteer fireman with a total permanent
23		disability total permanently disabled volunteer fireman, as
24		the case may be.
25		(c) For the payment of such medical, surgical, hospital and

HB4049 Engrossed - 638 - LRB099 03667 KTG 23678 b
1		nurse services and supplies, as may be necessary on account of
2		such injury, the total sum thereof, however, not to exceed
3		$750, for injuries sustained as the result of any one accident.
4		This amendatory act of 1973 does not apply to any
5		municipality which is a home rule unit.
6		(Source: P.A. 78-481.)
7		(65 ILCS 5/11-11.1-1) (from Ch. 24, par. 11-11.1-1)
8		Sec. 11-11.1-1. The corporate authorities of any
9		municipality may enact ordinances prescribing fair housing
10		practices, defining unfair housing practices, establishing
11		Fair Housing or Human Relations Commissions and standards for
12		the operation of such Commissions in the administering and
13		enforcement of such ordinances, prohibiting discrimination
14		based on race, color, religion, sex, creed, ancestry, national
15		origin, or physical or mental disability handicap in the
16		listing, sale, assignment, exchange, transfer, lease, rental
17		or financing of real property for the purpose of the
18		residential occupancy thereof, and prescribing penalties for
19		violations of such ordinances.
20		Such ordinances may provide for closed meetings of the
21		Commissions or other administrative agencies responsible for
22		administering and enforcing such ordinances for the purpose of
23		conciliating complaints of discrimination and such meetings
24		shall not be subject to the provisions of "An Act in relation
25		to meetings", approved July 11, 1957, as amended. No final

HB4049 Engrossed - 639 - LRB099 03667 KTG 23678 b
1		action for the imposition or recommendation of a penalty by
2		such Commissions or agencies shall be taken, except at a
3		meeting open to the public.
4		To secure and guarantee the rights established by Sections
5		17, 18 and 19 of Article I of the Illinois Constitution, it is
6		declared that any ordinance or standard enacted under the
7		authority of this Section or under general home rule power and
8		any standard, rule or regulation of such a Commission which
9		prohibits, restricts, narrows or limits the housing choice of
10		any person is unenforceable and void. Nothing in this
11		amendatory Act of 1981 prohibits such a commission or a unit of
12		local government from making special outreach efforts to inform
13		members of minority groups of housing opportunities available
14		in areas of majority white concentration and make similar
15		efforts to inform the majority white population of available
16		housing opportunities located in areas of minority
17		concentration.
18		This amendatory Act of 1981 applies to municipalities which
19		are home rule units. Pursuant to Article VII, Section 6,
20		paragraph (i) of the Illinois Constitution, this amendatory Act
21		of 1981 is a limit on the power of municipalities that are home
22		rule units.
23		(Source: P.A. 82-340.)
24		(65 ILCS 5/11-20-14)
25		Sec. 11-20-14. Companion dogs; restaurants.

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1		Notwithstanding any other prohibition to the contrary, a
2		municipality with a population of 1,000,000 or more may, by
3		ordinance, authorize the presence of companion dogs in outdoor
4		areas of restaurants where food is served, if the ordinance
5		provides for adequate controls to ensure compliance with the
6		Illinois Food, Drug, and Cosmetic Act, the Food Handling
7		Regulation Enforcement Act, the Sanitary Food Preparation Act,
8		and any other applicable statutes and ordinances. An ordinance
9		enacted under this Section shall provide that: (i) no companion
10		dog shall be present in the interior of any restaurant or in
11		any area where food is prepared; and (ii) the restaurant shall
12		have the right to refuse to serve the owner of a companion dog
13		if the owner fails to exercise reasonable control over the
14		companion dog or the companion dog is otherwise behaving in a
15		manner that compromises or threatens to compromise the health
16		or safety of any person present in the restaurant, including,
17		but not limited to, violations and potential violations of any
18		applicable health code or other statute or ordinance. An
19		ordinance enacted under this Section may also provide for a
20		permitting process to authorize individual restaurants to
21		permit dogs as provided in this Section and to charge
22		applicants and authorized restaurants a reasonable permit fee
23		as the ordinance may establish.
24		For the purposes of this Section, "companion dog" means a
25		dog other than a service dog assisting a person with a
26		disability handicapped person.

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1		(Source: P.A. 95-276, eff. 1-1-08.)
2		(65 ILCS 5/11-74.3-6)
3		Sec. 11-74.3-6. Business district revenue and obligations;
4		business district tax allocation fund.
5		(a) If the corporate authorities of a municipality have
6		approved a business district plan, have designated a business
7		district, and have elected to impose a tax by ordinance
8		pursuant to subsection (10) or (11) of Section 11-74.3-3, then
9		each year after the date of the approval of the ordinance but
10		terminating upon the date all business district project costs
11		and all obligations paying or reimbursing business district
12		project costs, if any, have been paid, but in no event later
13		than the dissolution date, all amounts generated by the
14		retailers' occupation tax and service occupation tax shall be
15		collected and the tax shall be enforced by the Department of
16		Revenue in the same manner as all retailers' occupation taxes
17		and service occupation taxes imposed in the municipality
18		imposing the tax and all amounts generated by the hotel
19		operators' occupation tax shall be collected and the tax shall
20		be enforced by the municipality in the same manner as all hotel
21		operators' occupation taxes imposed in the municipality
22		imposing the tax. The corporate authorities of the municipality
23		shall deposit the proceeds of the taxes imposed under
24		subsections (10) and (11) of Section 11-74.3-3 into a special
25		fund of the municipality called the "[Name of] Business

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1		District Tax Allocation Fund" for the purpose of paying or
2		reimbursing business district project costs and obligations
3		incurred in the payment of those costs.
4		(b) The corporate authorities of a municipality that has
5		designated a business district under this Law may, by
6		ordinance, impose a Business District Retailers' Occupation
7		Tax upon all persons engaged in the business of selling
8		tangible personal property, other than an item of tangible
9		personal property titled or registered with an agency of this
10		State's government, at retail in the business district at a
11		rate not to exceed 1% of the gross receipts from the sales made
12		in the course of such business, to be imposed only in 0.25%
13		increments. The tax may not be imposed on food for human
14		consumption that is to be consumed off the premises where it is
15		sold (other than alcoholic beverages, soft drinks, and food
16		that has been prepared for immediate consumption),
17		prescription and nonprescription medicines, drugs, medical
18		appliances, modifications to a motor vehicle for the purpose of
19		rendering it usable by a person with a disability disabled
20		person, and insulin, urine testing materials, syringes, and
21		needles used by diabetics, for human use.
22		The tax imposed under this subsection and all civil
23		penalties that may be assessed as an incident thereof shall be
24		collected and enforced by the Department of Revenue. The
25		certificate of registration that is issued by the Department to
26		a retailer under the Retailers' Occupation Tax Act shall permit

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1		the retailer to engage in a business that is taxable under any
2		ordinance or resolution enacted pursuant to this subsection
3		without registering separately with the Department under such
4		ordinance or resolution or under this subsection. The
5		Department of Revenue shall have full power to administer and
6		enforce this subsection; to collect all taxes and penalties due
7		under this subsection in the manner hereinafter provided; and
8		to determine all rights to credit memoranda arising on account
9		of the erroneous payment of tax or penalty under this
10		subsection. In the administration of, and compliance with, this
11		subsection, the Department and persons who are subject to this
12		subsection shall have the same rights, remedies, privileges,
13		immunities, powers and duties, and be subject to the same
14		conditions, restrictions, limitations, penalties, exclusions,
15		exemptions, and definitions of terms and employ the same modes
16		of procedure, as are prescribed in Sections 1, 1a through 1o, 2
17		through 2-65 (in respect to all provisions therein other than
18		the State rate of tax), 2c through 2h, 3 (except as to the
19		disposition of taxes and penalties collected), 4, 5, 5a, 5c,
20		5d, 5e, 5f, 5g, 5i, 5j, 5k, 5l, 6, 6a, 6b, 6c, 7, 8, 9, 10, 11,
21		12, 13, and 14 of the Retailers' Occupation Tax Act and all
22		provisions of the Uniform Penalty and Interest Act, as fully as
23		if those provisions were set forth herein.
24		Persons subject to any tax imposed under this subsection
25		may reimburse themselves for their seller's tax liability under
26		this subsection by separately stating the tax as an additional

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1		charge, which charge may be stated in combination, in a single
2		amount, with State taxes that sellers are required to collect
3		under the Use Tax Act, in accordance with such bracket
4		schedules as the Department may prescribe.
5		Whenever the Department determines that a refund should be
6		made under this subsection to a claimant instead of issuing a
7		credit memorandum, the Department shall notify the State
8		Comptroller, who shall cause the order to be drawn for the
9		amount specified and to the person named in the notification
10		from the Department. The refund shall be paid by the State
11		Treasurer out of the business district retailers' occupation
12		tax fund.
13		The Department shall immediately pay over to the State
14		Treasurer, ex officio, as trustee, all taxes, penalties, and
15		interest collected under this subsection for deposit into the
16		business district retailers' occupation tax fund.
17		As soon as possible after the first day of each month,
18		beginning January 1, 2011, upon certification of the Department
19		of Revenue, the Comptroller shall order transferred, and the
20		Treasurer shall transfer, to the STAR Bonds Revenue Fund the
21		local sales tax increment, as defined in the Innovation
22		Development and Economy Act, collected under this subsection
23		during the second preceding calendar month for sales within a
24		STAR bond district.
25		After the monthly transfer to the STAR Bonds Revenue Fund,
26		on or before the 25th day of each calendar month, the

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1		Department shall prepare and certify to the Comptroller the
2		disbursement of stated sums of money to named municipalities
3		from the business district retailers' occupation tax fund, the
4		municipalities to be those from which retailers have paid taxes
5		or penalties under this subsection to the Department during the
6		second preceding calendar month. The amount to be paid to each
7		municipality shall be the amount (not including credit
8		memoranda) collected under this subsection during the second
9		preceding calendar month by the Department plus an amount the
10		Department determines is necessary to offset any amounts that
11		were erroneously paid to a different taxing body, and not
12		including an amount equal to the amount of refunds made during
13		the second preceding calendar month by the Department, less 2%
14		of that amount, which shall be deposited into the Tax
15		Compliance and Administration Fund and shall be used by the
16		Department, subject to appropriation, to cover the costs of the
17		Department in administering and enforcing the provisions of
18		this subsection, on behalf of such municipality, and not
19		including any amount that the Department determines is
20		necessary to offset any amounts that were payable to a
21		different taxing body but were erroneously paid to the
22		municipality, and not including any amounts that are
23		transferred to the STAR Bonds Revenue Fund. Within 10 days
24		after receipt by the Comptroller of the disbursement
25		certification to the municipalities provided for in this
26		subsection to be given to the Comptroller by the Department,

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1		the Comptroller shall cause the orders to be drawn for the
2		respective amounts in accordance with the directions contained
3		in the certification. The proceeds of the tax paid to
4		municipalities under this subsection shall be deposited into
5		the Business District Tax Allocation Fund by the municipality.
6		An ordinance imposing or discontinuing the tax under this
7		subsection or effecting a change in the rate thereof shall
8		either (i) be adopted and a certified copy thereof filed with
9		the Department on or before the first day of April, whereupon
10		the Department, if all other requirements of this subsection
11		are met, shall proceed to administer and enforce this
12		subsection as of the first day of July next following the
13		adoption and filing; or (ii) be adopted and a certified copy
14		thereof filed with the Department on or before the first day of
15		October, whereupon, if all other requirements of this
16		subsection are met, the Department shall proceed to administer
17		and enforce this subsection as of the first day of January next
18		following the adoption and filing.
19		The Department of Revenue shall not administer or enforce
20		an ordinance imposing, discontinuing, or changing the rate of
21		the tax under this subsection, until the municipality also
22		provides, in the manner prescribed by the Department, the
23		boundaries of the business district and each address in the
24		business district in such a way that the Department can
25		determine by its address whether a business is located in the
26		business district. The municipality must provide this boundary

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1		and address information to the Department on or before April 1
2		for administration and enforcement of the tax under this
3		subsection by the Department beginning on the following July 1
4		and on or before October 1 for administration and enforcement
5		of the tax under this subsection by the Department beginning on
6		the following January 1. The Department of Revenue shall not
7		administer or enforce any change made to the boundaries of a
8		business district or address change, addition, or deletion
9		until the municipality reports the boundary change or address
10		change, addition, or deletion to the Department in the manner
11		prescribed by the Department. The municipality must provide
12		this boundary change information or address change, addition,
13		or deletion to the Department on or before April 1 for
14		administration and enforcement by the Department of the change
15		beginning on the following July 1 and on or before October 1
16		for administration and enforcement by the Department of the
17		change beginning on the following January 1. The retailers in
18		the business district shall be responsible for charging the tax
19		imposed under this subsection. If a retailer is incorrectly
20		included or excluded from the list of those required to collect
21		the tax under this subsection, both the Department of Revenue
22		and the retailer shall be held harmless if they reasonably
23		relied on information provided by the municipality.
24		A municipality that imposes the tax under this subsection
25		must submit to the Department of Revenue any other information
26		as the Department may require for the administration and

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1		enforcement of the tax.
2		When certifying the amount of a monthly disbursement to a
3		municipality under this subsection, the Department shall
4		increase or decrease the amount by an amount necessary to
5		offset any misallocation of previous disbursements. The offset
6		amount shall be the amount erroneously disbursed within the
7		previous 6 months from the time a misallocation is discovered.
8		Nothing in this subsection shall be construed to authorize
9		the municipality to impose a tax upon the privilege of engaging
10		in any business which under the Constitution of the United
11		States may not be made the subject of taxation by this State.
12		If a tax is imposed under this subsection (b), a tax shall
13		also be imposed under subsection (c) of this Section.
14		(c) If a tax has been imposed under subsection (b), a
15		Business District Service Occupation Tax shall also be imposed
16		upon all persons engaged, in the business district, in the
17		business of making sales of service, who, as an incident to
18		making those sales of service, transfer tangible personal
19		property within the business district, either in the form of
20		tangible personal property or in the form of real estate as an
21		incident to a sale of service. The tax shall be imposed at the
22		same rate as the tax imposed in subsection (b) and shall not
23		exceed 1% of the selling price of tangible personal property so
24		transferred within the business district, to be imposed only in
25		0.25% increments. The tax may not be imposed on food for human
26		consumption that is to be consumed off the premises where it is

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1		sold (other than alcoholic beverages, soft drinks, and food
2		that has been prepared for immediate consumption),
3		prescription and nonprescription medicines, drugs, medical
4		appliances, modifications to a motor vehicle for the purpose of
5		rendering it usable by a person with a disability disabled
6		person, and insulin, urine testing materials, syringes, and
7		needles used by diabetics, for human use.
8		The tax imposed under this subsection and all civil
9		penalties that may be assessed as an incident thereof shall be
10		collected and enforced by the Department of Revenue. The
11		certificate of registration which is issued by the Department
12		to a retailer under the Retailers' Occupation Tax Act or under
13		the Service Occupation Tax Act shall permit such registrant to
14		engage in a business which is taxable under any ordinance or
15		resolution enacted pursuant to this subsection without
16		registering separately with the Department under such
17		ordinance or resolution or under this subsection. The
18		Department of Revenue shall have full power to administer and
19		enforce this subsection; to collect all taxes and penalties due
20		under this subsection; to dispose of taxes and penalties so
21		collected in the manner hereinafter provided; and to determine
22		all rights to credit memoranda arising on account of the
23		erroneous payment of tax or penalty under this subsection. In
24		the administration of, and compliance with this subsection, the
25		Department and persons who are subject to this subsection shall
26		have the same rights, remedies, privileges, immunities, powers

HB4049 Engrossed - 650 - LRB099 03667 KTG 23678 b
1		and duties, and be subject to the same conditions,
2		restrictions, limitations, penalties, exclusions, exemptions,
3		and definitions of terms and employ the same modes of procedure
4		as are prescribed in Sections 2, 2a through 2d, 3 through 3-50
5		(in respect to all provisions therein other than the State rate
6		of tax), 4 (except that the reference to the State shall be to
7		the business district), 5, 7, 8 (except that the jurisdiction
8		to which the tax shall be a debt to the extent indicated in
9		that Section 8 shall be the municipality), 9 (except as to the
10		disposition of taxes and penalties collected, and except that
11		the returned merchandise credit for this tax may not be taken
12		against any State tax), 10, 11, 12 (except the reference
13		therein to Section 2b of the Retailers' Occupation Tax Act), 13
14		(except that any reference to the State shall mean the
15		municipality), the first paragraph of Section 15, and Sections
16		16, 17, 18, 19 and 20 of the Service Occupation Tax Act and all
17		provisions of the Uniform Penalty and Interest Act, as fully as
18		if those provisions were set forth herein.
19		Persons subject to any tax imposed under the authority
20		granted in this subsection may reimburse themselves for their
21		serviceman's tax liability hereunder by separately stating the
22		tax as an additional charge, which charge may be stated in
23		combination, in a single amount, with State tax that servicemen
24		are authorized to collect under the Service Use Tax Act, in
25		accordance with such bracket schedules as the Department may
26		prescribe.

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1		Whenever the Department determines that a refund should be
2		made under this subsection to a claimant instead of issuing
3		credit memorandum, the Department shall notify the State
4		Comptroller, who shall cause the order to be drawn for the
5		amount specified, and to the person named, in such notification
6		from the Department. Such refund shall be paid by the State
7		Treasurer out of the business district retailers' occupation
8		tax fund.
9		The Department shall forthwith pay over to the State
10		Treasurer, ex-officio, as trustee, all taxes, penalties, and
11		interest collected under this subsection for deposit into the
12		business district retailers' occupation tax fund.
13		As soon as possible after the first day of each month,
14		beginning January 1, 2011, upon certification of the Department
15		of Revenue, the Comptroller shall order transferred, and the
16		Treasurer shall transfer, to the STAR Bonds Revenue Fund the
17		local sales tax increment, as defined in the Innovation
18		Development and Economy Act, collected under this subsection
19		during the second preceding calendar month for sales within a
20		STAR bond district.
21		After the monthly transfer to the STAR Bonds Revenue Fund,
22		on or before the 25th day of each calendar month, the
23		Department shall prepare and certify to the Comptroller the
24		disbursement of stated sums of money to named municipalities
25		from the business district retailers' occupation tax fund, the
26		municipalities to be those from which suppliers and servicemen

HB4049 Engrossed - 652 - LRB099 03667 KTG 23678 b
1		have paid taxes or penalties under this subsection to the
2		Department during the second preceding calendar month. The
3		amount to be paid to each municipality shall be the amount (not
4		including credit memoranda) collected under this subsection
5		during the second preceding calendar month by the Department,
6		less 2% of that amount, which shall be deposited into the Tax
7		Compliance and Administration Fund and shall be used by the
8		Department, subject to appropriation, to cover the costs of the
9		Department in administering and enforcing the provisions of
10		this subsection, and not including an amount equal to the
11		amount of refunds made during the second preceding calendar
12		month by the Department on behalf of such municipality, and not
13		including any amounts that are transferred to the STAR Bonds
14		Revenue Fund. Within 10 days after receipt, by the Comptroller,
15		of the disbursement certification to the municipalities,
16		provided for in this subsection to be given to the Comptroller
17		by the Department, the Comptroller shall cause the orders to be
18		drawn for the respective amounts in accordance with the
19		directions contained in such certification. The proceeds of the
20		tax paid to municipalities under this subsection shall be
21		deposited into the Business District Tax Allocation Fund by the
22		municipality.
23		An ordinance imposing or discontinuing the tax under this
24		subsection or effecting a change in the rate thereof shall
25		either (i) be adopted and a certified copy thereof filed with
26		the Department on or before the first day of April, whereupon

HB4049 Engrossed - 653 - LRB099 03667 KTG 23678 b
1		the Department, if all other requirements of this subsection
2		are met, shall proceed to administer and enforce this
3		subsection as of the first day of July next following the
4		adoption and filing; or (ii) be adopted and a certified copy
5		thereof filed with the Department on or before the first day of
6		October, whereupon, if all other conditions of this subsection
7		are met, the Department shall proceed to administer and enforce
8		this subsection as of the first day of January next following
9		the adoption and filing.
10		The Department of Revenue shall not administer or enforce
11		an ordinance imposing, discontinuing, or changing the rate of
12		the tax under this subsection, until the municipality also
13		provides, in the manner prescribed by the Department, the
14		boundaries of the business district in such a way that the
15		Department can determine by its address whether a business is
16		located in the business district. The municipality must provide
17		this boundary and address information to the Department on or
18		before April 1 for administration and enforcement of the tax
19		under this subsection by the Department beginning on the
20		following July 1 and on or before October 1 for administration
21		and enforcement of the tax under this subsection by the
22		Department beginning on the following January 1. The Department
23		of Revenue shall not administer or enforce any change made to
24		the boundaries of a business district or address change,
25		addition, or deletion until the municipality reports the
26		boundary change or address change, addition, or deletion to the

HB4049 Engrossed - 654 - LRB099 03667 KTG 23678 b
1		Department in the manner prescribed by the Department. The
2		municipality must provide this boundary change information or
3		address change, addition, or deletion to the Department on or
4		before April 1 for administration and enforcement by the
5		Department of the change beginning on the following July 1 and
6		on or before October 1 for administration and enforcement by
7		the Department of the change beginning on the following January
8		1. The retailers in the business district shall be responsible
9		for charging the tax imposed under this subsection. If a
10		retailer is incorrectly included or excluded from the list of
11		those required to collect the tax under this subsection, both
12		the Department of Revenue and the retailer shall be held
13		harmless if they reasonably relied on information provided by
14		the municipality.
15		A municipality that imposes the tax under this subsection
16		must submit to the Department of Revenue any other information
17		as the Department may require for the administration and
18		enforcement of the tax.
19		Nothing in this subsection shall be construed to authorize
20		the municipality to impose a tax upon the privilege of engaging
21		in any business which under the Constitution of the United
22		States may not be made the subject of taxation by the State.
23		If a tax is imposed under this subsection (c), a tax shall
24		also be imposed under subsection (b) of this Section.
25		(d) By ordinance, a municipality that has designated a
26		business district under this Law may impose an occupation tax

HB4049 Engrossed - 655 - LRB099 03667 KTG 23678 b
1		upon all persons engaged in the business district in the
2		business of renting, leasing, or letting rooms in a hotel, as
3		defined in the Hotel Operators' Occupation Tax Act, at a rate
4		not to exceed 1% of the gross rental receipts from the renting,
5		leasing, or letting of hotel rooms within the business
6		district, to be imposed only in 0.25% increments, excluding,
7		however, from gross rental receipts the proceeds of renting,
8		leasing, or letting to permanent residents of a hotel, as
9		defined in the Hotel Operators' Occupation Tax Act, and
10		proceeds from the tax imposed under subsection (c) of Section
11		13 of the Metropolitan Pier and Exposition Authority Act.
12		The tax imposed by the municipality under this subsection
13		and all civil penalties that may be assessed as an incident to
14		that tax shall be collected and enforced by the municipality
15		imposing the tax. The municipality shall have full power to
16		administer and enforce this subsection, to collect all taxes
17		and penalties due under this subsection, to dispose of taxes
18		and penalties so collected in the manner provided in this
19		subsection, and to determine all rights to credit memoranda
20		arising on account of the erroneous payment of tax or penalty
21		under this subsection. In the administration of and compliance
22		with this subsection, the municipality and persons who are
23		subject to this subsection shall have the same rights,
24		remedies, privileges, immunities, powers, and duties, shall be
25		subject to the same conditions, restrictions, limitations,
26		penalties, and definitions of terms, and shall employ the same

HB4049 Engrossed - 656 - LRB099 03667 KTG 23678 b
1		modes of procedure as are employed with respect to a tax
2		adopted by the municipality under Section 8-3-14 of this Code.
3		Persons subject to any tax imposed under the authority
4		granted in this subsection may reimburse themselves for their
5		tax liability for that tax by separately stating that tax as an
6		additional charge, which charge may be stated in combination,
7		in a single amount, with State taxes imposed under the Hotel
8		Operators' Occupation Tax Act, and with any other tax.
9		Nothing in this subsection shall be construed to authorize
10		a municipality to impose a tax upon the privilege of engaging
11		in any business which under the Constitution of the United
12		States may not be made the subject of taxation by this State.
13		The proceeds of the tax imposed under this subsection shall
14		be deposited into the Business District Tax Allocation Fund.
15		(e) Obligations secured by the Business District Tax
16		Allocation Fund may be issued to provide for the payment or
17		reimbursement of business district project costs. Those
18		obligations, when so issued, shall be retired in the manner
19		provided in the ordinance authorizing the issuance of those
20		obligations by the receipts of taxes imposed pursuant to
21		subsections (10) and (11) of Section 11-74.3-3 and by other
22		revenue designated or pledged by the municipality. A
23		municipality may in the ordinance pledge, for any period of
24		time up to and including the dissolution date, all or any part
25		of the funds in and to be deposited in the Business District
26		Tax Allocation Fund to the payment of business district project

HB4049 Engrossed - 657 - LRB099 03667 KTG 23678 b
1		costs and obligations. Whenever a municipality pledges all of
2		the funds to the credit of a business district tax allocation
3		fund to secure obligations issued or to be issued to pay or
4		reimburse business district project costs, the municipality
5		may specifically provide that funds remaining to the credit of
6		such business district tax allocation fund after the payment of
7		such obligations shall be accounted for annually and shall be
8		deemed to be "surplus" funds, and such "surplus" funds shall be
9		expended by the municipality for any business district project
10		cost as approved in the business district plan. Whenever a
11		municipality pledges less than all of the monies to the credit
12		of a business district tax allocation fund to secure
13		obligations issued or to be issued to pay or reimburse business
14		district project costs, the municipality shall provide that
15		monies to the credit of the business district tax allocation
16		fund and not subject to such pledge or otherwise encumbered or
17		required for payment of contractual obligations for specific
18		business district project costs shall be calculated annually
19		and shall be deemed to be "surplus" funds, and such "surplus"
20		funds shall be expended by the municipality for any business
21		district project cost as approved in the business district
22		plan.
23		No obligation issued pursuant to this Law and secured by a
24		pledge of all or any portion of any revenues received or to be
25		received by the municipality from the imposition of taxes
26		pursuant to subsection (10) of Section 11-74.3-3, shall be

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1		deemed to constitute an economic incentive agreement under
2		Section 8-11-20, notwithstanding the fact that such pledge
3		provides for the sharing, rebate, or payment of retailers'
4		occupation taxes or service occupation taxes imposed pursuant
5		to subsection (10) of Section 11-74.3-3 and received or to be
6		received by the municipality from the development or
7		redevelopment of properties in the business district.
8		Without limiting the foregoing in this Section, the
9		municipality may further secure obligations secured by the
10		business district tax allocation fund with a pledge, for a
11		period not greater than the term of the obligations and in any
12		case not longer than the dissolution date, of any part or any
13		combination of the following: (i) net revenues of all or part
14		of any business district project; (ii) taxes levied or imposed
15		by the municipality on any or all property in the municipality,
16		including, specifically, taxes levied or imposed by the
17		municipality in a special service area pursuant to the Special
18		Service Area Tax Law; (iii) the full faith and credit of the
19		municipality; (iv) a mortgage on part or all of the business
20		district project; or (v) any other taxes or anticipated
21		receipts that the municipality may lawfully pledge.
22		Such obligations may be issued in one or more series, bear
23		such date or dates, become due at such time or times as therein
24		provided, but in any case not later than (i) 20 years after the
25		date of issue or (ii) the dissolution date, whichever is
26		earlier, bear interest payable at such intervals and at such

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1		rate or rates as set forth therein, except as may be limited by
2		applicable law, which rate or rates may be fixed or variable,
3		be in such denominations, be in such form, either coupon,
4		registered, or book-entry, carry such conversion, registration
5		and exchange privileges, be subject to defeasance upon such
6		terms, have such rank or priority, be executed in such manner,
7		be payable in such medium or payment at such place or places
8		within or without the State, make provision for a corporate
9		trustee within or without the State with respect to such
10		obligations, prescribe the rights, powers, and duties thereof
11		to be exercised for the benefit of the municipality and the
12		benefit of the owners of such obligations, provide for the
13		holding in trust, investment, and use of moneys, funds, and
14		accounts held under an ordinance, provide for assignment of and
15		direct payment of the moneys to pay such obligations or to be
16		deposited into such funds or accounts directly to such trustee,
17		be subject to such terms of redemption with or without premium,
18		and be sold at such price, all as the corporate authorities
19		shall determine. No referendum approval of the electors shall
20		be required as a condition to the issuance of obligations
21		pursuant to this Law except as provided in this Section.
22		In the event the municipality authorizes the issuance of
23		obligations pursuant to the authority of this Law secured by
24		the full faith and credit of the municipality, or pledges ad
25		valorem taxes pursuant to this subsection, which obligations
26		are other than obligations which may be issued under home rule

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1		powers provided by Section 6 of Article VII of the Illinois
2		Constitution or which ad valorem taxes are other than ad
3		valorem taxes which may be pledged under home rule powers
4		provided by Section 6 of Article VII of the Illinois
5		Constitution or which are levied in a special service area
6		pursuant to the Special Service Area Tax Law, the ordinance
7		authorizing the issuance of those obligations or pledging those
8		taxes shall be published within 10 days after the ordinance has
9		been adopted, in a newspaper having a general circulation
10		within the municipality. The publication of the ordinance shall
11		be accompanied by a notice of (i) the specific number of voters
12		required to sign a petition requesting the question of the
13		issuance of the obligations or pledging such ad valorem taxes
14		to be submitted to the electors; (ii) the time within which the
15		petition must be filed; and (iii) the date of the prospective
16		referendum. The municipal clerk shall provide a petition form
17		to any individual requesting one.
18		If no petition is filed with the municipal clerk, as
19		hereinafter provided in this Section, within 21 days after the
20		publication of the ordinance, the ordinance shall be in effect.
21		However, if within that 21-day period a petition is filed with
22		the municipal clerk, signed by electors numbering not less than
23		15% of the number of electors voting for the mayor or president
24		at the last general municipal election, asking that the
25		question of issuing obligations using full faith and credit of
26		the municipality as security for the cost of paying or

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1		reimbursing business district project costs, or of pledging
2		such ad valorem taxes for the payment of those obligations, or
3		both, be submitted to the electors of the municipality, the
4		municipality shall not be authorized to issue obligations of
5		the municipality using the full faith and credit of the
6		municipality as security or pledging such ad valorem taxes for
7		the payment of those obligations, or both, until the
8		proposition has been submitted to and approved by a majority of
9		the voters voting on the proposition at a regularly scheduled
10		election. The municipality shall certify the proposition to the
11		proper election authorities for submission in accordance with
12		the general election law.
13		The ordinance authorizing the obligations may provide that
14		the obligations shall contain a recital that they are issued
15		pursuant to this Law, which recital shall be conclusive
16		evidence of their validity and of the regularity of their
17		issuance.
18		In the event the municipality authorizes issuance of
19		obligations pursuant to this Law secured by the full faith and
20		credit of the municipality, the ordinance authorizing the
21		obligations may provide for the levy and collection of a direct
22		annual tax upon all taxable property within the municipality
23		sufficient to pay the principal thereof and interest thereon as
24		it matures, which levy may be in addition to and exclusive of
25		the maximum of all other taxes authorized to be levied by the
26		municipality, which levy, however, shall be abated to the

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1		extent that monies from other sources are available for payment
2		of the obligations and the municipality certifies the amount of
3		those monies available to the county clerk.
4		A certified copy of the ordinance shall be filed with the
5		county clerk of each county in which any portion of the
6		municipality is situated, and shall constitute the authority
7		for the extension and collection of the taxes to be deposited
8		in the business district tax allocation fund.
9		A municipality may also issue its obligations to refund, in
10		whole or in part, obligations theretofore issued by the
11		municipality under the authority of this Law, whether at or
12		prior to maturity. However, the last maturity of the refunding
13		obligations shall not be expressed to mature later than the
14		dissolution date.
15		In the event a municipality issues obligations under home
16		rule powers or other legislative authority, the proceeds of
17		which are pledged to pay or reimburse business district project
18		costs, the municipality may, if it has followed the procedures
19		in conformance with this Law, retire those obligations from
20		funds in the business district tax allocation fund in amounts
21		and in such manner as if those obligations had been issued
22		pursuant to the provisions of this Law.
23		No obligations issued pursuant to this Law shall be
24		regarded as indebtedness of the municipality issuing those
25		obligations or any other taxing district for the purpose of any
26		limitation imposed by law.

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1		Obligations issued pursuant to this Law shall not be
2		subject to the provisions of the Bond Authorization Act.
3		(f) When business district project costs, including,
4		without limitation, all obligations paying or reimbursing
5		business district project costs have been paid, any surplus
6		funds then remaining in the Business District Tax Allocation
7		Fund shall be distributed to the municipal treasurer for
8		deposit into the general corporate fund of the municipality.
9		Upon payment of all business district project costs and
10		retirement of all obligations paying or reimbursing business
11		district project costs, but in no event more than 23 years
12		after the date of adoption of the ordinance imposing taxes
13		pursuant to subsection (10) or (11) of Section 11-74.3-3, the
14		municipality shall adopt an ordinance immediately rescinding
15		the taxes imposed pursuant to subsection (10) or (11) of
16		Section 11-74.3-3.
17		(Source: P.A. 96-939, eff. 6-24-10; 96-1394, eff. 7-29-10;
18		96-1555, eff. 3-18-11; 97-333, eff. 8-12-11.)
19		(65 ILCS 5/11-95-13) (from Ch. 24, par. 11-95-13)
20		Sec. 11-95-13. The corporate authorities of a municipality
21		specified in Section 11-95-2 and a recreation board specified
22		in Section 11-95-3 are authorized to establish, maintain and
23		manage recreational programs for persons with disabilities the
24		handicapped, including both persons with mental disabilities
25		and persons with physical disabilities mentally and physically

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1		handicapped, to provide transportation for persons with
2		disabilities the handicapped to and from such programs, to
3		provide for such examination of participants in such programs
4		as may be deemed necessary, to charge fees for participating in
5		such programs, the fee charged for non-residents of such
6		municipality need not be the same as the fees charged the
7		residents of the municipality, and to charge fees for
8		transportation furnished to participants.
9		(Source: P.A. 76-806.)
10		(65 ILCS 5/11-95-14) (from Ch. 24, par. 11-95-14)
11		Sec. 11-95-14. The corporate authorities of any 2 or more
12		municipalities specified in Section 11-95-2 and any 2 or more
13		recreation boards specified in Section 11-95-3, or any
14		combination thereof, are authorized to take any action jointly
15		relating to recreational programs for persons with
16		disabilities the handicapped that could be taken individually
17		and to enter into agreements with other such recreation boards,
18		corporate authorities and park districts or any combination
19		thereof, for the purpose of providing for the establishment,
20		maintenance and management of joint recreational programs for
21		persons with disabilities the handicapped of all the
22		participating districts and municipal areas, including
23		provisions for transportation of participants, procedures for
24		approval of budgets, authorization of expenditures and sharing
25		of expenses, location of recreational areas in the area of any

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1		of the participating districts and municipalities, acquisition
2		of real estate by gift, legacy, grant, or purchase, employment
3		of a director and other professional workers for such program
4		who may be employed by one participating district, municipality
5		or board which shall be reimbursed on a mutually agreed basis
6		by the other municipalities, districts and boards that are
7		parties to the joint agreement, authorization for one
8		municipality, board or district to supply professional workers
9		for a joint program conducted in another municipality or
10		district and to provide other requirements for operation of
11		such joint program as may be desirable. The corporate
12		authorities of any municipality that is a party to a joint
13		agreement entered into under this Section may levy and collect
14		a tax, in the manner provided by law for the levy and
15		collection of other municipal taxes in the municipality but in
16		addition to taxes for general purposes authorized by Section
17		8-3-1 or levied as limited by any provision of a special
18		charter under which the municipality is incorporated, at not to
19		exceed .04% of the value, as equalized or assessed by the
20		Department of Revenue, of all taxable property within the
21		municipality for the purpose of funding that municipality's
22		share of the expenses for providing the programs under that
23		joint agreement. However, no tax may be levied pursuant to this
24		Section in any area in which a tax is levied under Section 5-8
25		of the Park District Code.
26		(Source: P.A. 92-230, eff. 1-1-02.)

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1		Section 375. The Flood Prevention District Act is amended
2		by changing Section 25 as follows:
3		(70 ILCS 750/25)
4		Sec. 25. Flood prevention retailers' and service
5		occupation taxes.
6		(a) If the Board of Commissioners of a flood prevention
7		district determines that an emergency situation exists
8		regarding levee repair or flood prevention, and upon an
9		ordinance confirming the determination adopted by the
10		affirmative vote of a majority of the members of the county
11		board of the county in which the district is situated, the
12		county may impose a flood prevention retailers' occupation tax
13		upon all persons engaged in the business of selling tangible
14		personal property at retail within the territory of the
15		district to provide revenue to pay the costs of providing
16		emergency levee repair and flood prevention and to secure the
17		payment of bonds, notes, and other evidences of indebtedness
18		issued under this Act for a period not to exceed 25 years or as
19		required to repay the bonds, notes, and other evidences of
20		indebtedness issued under this Act. The tax rate shall be 0.25%
21		of the gross receipts from all taxable sales made in the course
22		of that business. The tax imposed under this Section and all
23		civil penalties that may be assessed as an incident thereof
24		shall be collected and enforced by the State Department of

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1		Revenue. The Department shall have full power to administer and
2		enforce this Section; to collect all taxes and penalties so
3		collected in the manner hereinafter provided; and to determine
4		all rights to credit memoranda arising on account of the
5		erroneous payment of tax or penalty hereunder.
6		In the administration of and compliance with this
7		subsection, the Department and persons who are subject to this
8		subsection (i) have the same rights, remedies, privileges,
9		immunities, powers, and duties, (ii) are subject to the same
10		conditions, restrictions, limitations, penalties, and
11		definitions of terms, and (iii) shall employ the same modes of
12		procedure as are set forth in Sections 1 through 1o, 2 through
13		2-70 (in respect to all provisions contained in those Sections
14		other than the State rate of tax), 2a through 2h, 3 (except as
15		to the disposition of taxes and penalties collected), 4, 5, 5a,
16		5b, 5c, 5d, 5e, 5f, 5g, 5h, 5i, 5l, 6, 6a, 6b, 6c, 7, 8, 9, 10,
17		11, 11a, 12, and 13 of the Retailers' Occupation Tax Act and
18		all provisions of the Uniform Penalty and Interest Act as if
19		those provisions were set forth in this subsection.
20		Persons subject to any tax imposed under this Section may
21		reimburse themselves for their seller's tax liability
22		hereunder by separately stating the tax as an additional
23		charge, which charge may be stated in combination in a single
24		amount with State taxes that sellers are required to collect
25		under the Use Tax Act, under any bracket schedules the
26		Department may prescribe.

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1		If a tax is imposed under this subsection (a), a tax shall
2		also be imposed under subsection (b) of this Section.
3		(b) If a tax has been imposed under subsection (a), a flood
4		prevention service occupation tax shall also be imposed upon
5		all persons engaged within the territory of the district in the
6		business of making sales of service, who, as an incident to
7		making the sales of service, transfer tangible personal
8		property, either in the form of tangible personal property or
9		in the form of real estate as an incident to a sale of service
10		to provide revenue to pay the costs of providing emergency
11		levee repair and flood prevention and to secure the payment of
12		bonds, notes, and other evidences of indebtedness issued under
13		this Act for a period not to exceed 25 years or as required to
14		repay the bonds, notes, and other evidences of indebtedness.
15		The tax rate shall be 0.25% of the selling price of all
16		tangible personal property transferred.
17		The tax imposed under this subsection and all civil
18		penalties that may be assessed as an incident thereof shall be
19		collected and enforced by the State Department of Revenue. The
20		Department shall have full power to administer and enforce this
21		subsection; to collect all taxes and penalties due hereunder;
22		to dispose of taxes and penalties collected in the manner
23		hereinafter provided; and to determine all rights to credit
24		memoranda arising on account of the erroneous payment of tax or
25		penalty hereunder.
26		In the administration of and compliance with this

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1		subsection, the Department and persons who are subject to this
2		subsection shall (i) have the same rights, remedies,
3		privileges, immunities, powers, and duties, (ii) be subject to
4		the same conditions, restrictions, limitations, penalties, and
5		definitions of terms, and (iii) employ the same modes of
6		procedure as are set forth in Sections 2 (except that the
7		reference to State in the definition of supplier maintaining a
8		place of business in this State means the district), 2a through
9		2d, 3 through 3-50 (in respect to all provisions contained in
10		those Sections other than the State rate of tax), 4 (except
11		that the reference to the State shall be to the district), 5,
12		7, 8 (except that the jurisdiction to which the tax is a debt
13		to the extent indicated in that Section 8 is the district), 9
14		(except as to the disposition of taxes and penalties
15		collected), 10, 11, 12 (except the reference therein to Section
16		2b of the Retailers' Occupation Tax Act), 13 (except that any
17		reference to the State means the district), Section 15, 16, 17,
18		18, 19, and 20 of the Service Occupation Tax Act and all
19		provisions of the Uniform Penalty and Interest Act, as fully as
20		if those provisions were set forth herein.
21		Persons subject to any tax imposed under the authority
22		granted in this subsection may reimburse themselves for their
23		serviceman's tax liability hereunder by separately stating the
24		tax as an additional charge, that charge may be stated in
25		combination in a single amount with State tax that servicemen
26		are authorized to collect under the Service Use Tax Act, under

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1		any bracket schedules the Department may prescribe.
2		(c) The taxes imposed in subsections (a) and (b) may not be
3		imposed on personal property titled or registered with an
4		agency of the State; food for human consumption that is to be
5		consumed off the premises where it is sold (other than
6		alcoholic beverages, soft drinks, and food that has been
7		prepared for immediate consumption); prescription and
8		non-prescription medicines, drugs, and medical appliances;
9		modifications to a motor vehicle for the purpose of rendering
10		it usable by a person with a disability disabled person; or
11		insulin, urine testing materials, and syringes and needles used
12		by diabetics.
13		(d) Nothing in this Section shall be construed to authorize
14		the district to impose a tax upon the privilege of engaging in
15		any business that under the Constitution of the United States
16		may not be made the subject of taxation by the State.
17		(e) The certificate of registration that is issued by the
18		Department to a retailer under the Retailers' Occupation Tax
19		Act or a serviceman under the Service Occupation Tax Act
20		permits the retailer or serviceman to engage in a business that
21		is taxable without registering separately with the Department
22		under an ordinance or resolution under this Section.
23		(f) The Department shall immediately pay over to the State
24		Treasurer, ex officio, as trustee, all taxes and penalties
25		collected under this Section to be deposited into the Flood
26		Prevention Occupation Tax Fund, which shall be an

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1		unappropriated trust fund held outside the State treasury.
2		On or before the 25th day of each calendar month, the
3		Department shall prepare and certify to the Comptroller the
4		disbursement of stated sums of money to the counties from which
5		retailers or servicemen have paid taxes or penalties to the
6		Department during the second preceding calendar month. The
7		amount to be paid to each county is equal to the amount (not
8		including credit memoranda) collected from the county under
9		this Section during the second preceding calendar month by the
10		Department, (i) less 2% of that amount, which shall be
11		deposited into the Tax Compliance and Administration Fund and
12		shall be used by the Department in administering and enforcing
13		the provisions of this Section on behalf of the county, (ii)
14		plus an amount that the Department determines is necessary to
15		offset any amounts that were erroneously paid to a different
16		taxing body; (iii) less an amount equal to the amount of
17		refunds made during the second preceding calendar month by the
18		Department on behalf of the county; and (iv) less any amount
19		that the Department determines is necessary to offset any
20		amounts that were payable to a different taxing body but were
21		erroneously paid to the county. When certifying the amount of a
22		monthly disbursement to a county under this Section, the
23		Department shall increase or decrease the amounts by an amount
24		necessary to offset any miscalculation of previous
25		disbursements within the previous 6 months from the time a
26		miscalculation is discovered.

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1		Within 10 days after receipt by the Comptroller from the
2		Department of the disbursement certification to the counties
3		provided for in this Section, the Comptroller shall cause the
4		orders to be drawn for the respective amounts in accordance
5		with directions contained in the certification.
6		If the Department determines that a refund should be made
7		under this Section to a claimant instead of issuing a credit
8		memorandum, then the Department shall notify the Comptroller,
9		who shall cause the order to be drawn for the amount specified
10		and to the person named in the notification from the
11		Department. The refund shall be paid by the Treasurer out of
12		the Flood Prevention Occupation Tax Fund.
13		(g) If a county imposes a tax under this Section, then the
14		county board shall, by ordinance, discontinue the tax upon the
15		payment of all indebtedness of the flood prevention district.
16		The tax shall not be discontinued until all indebtedness of the
17		District has been paid.
18		(h) Any ordinance imposing the tax under this Section, or
19		any ordinance that discontinues the tax, must be certified by
20		the county clerk and filed with the Illinois Department of
21		Revenue either (i) on or before the first day of April,
22		whereupon the Department shall proceed to administer and
23		enforce the tax or change in the rate as of the first day of
24		July next following the filing; or (ii) on or before the first
25		day of October, whereupon the Department shall proceed to
26		administer and enforce the tax or change in the rate as of the

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1		first day of January next following the filing.
2		(j) County Flood Prevention Occupation Tax Fund. All
3		proceeds received by a county from a tax distribution under
4		this Section must be maintained in a special fund known as the
5		[name of county] flood prevention occupation tax fund. The
6		county shall, at the direction of the flood prevention
7		district, use moneys in the fund to pay the costs of providing
8		emergency levee repair and flood prevention and to pay bonds,
9		notes, and other evidences of indebtedness issued under this
10		Act.
11		(k) This Section may be cited as the Flood Prevention
12		Occupation Tax Law.
13		(Source: P.A. 96-939, eff. 6-24-10; 97-188, eff. 7-22-11.)
14		Section 380. The Downstate Forest Preserve District Act is
15		amended by changing Section 6 as follows:
16		(70 ILCS 805/6) (from Ch. 96 1/2, par. 6309)
17		Sec. 6. Acquisition of property. Any such District shall
18		have power to acquire lands and grounds for the aforesaid
19		purposes by lease, or in fee simple by gift, grant, legacy,
20		purchase or condemnation, or to acquire easements in land, and
21		to construct, lay out, improve and maintain wells, power
22		plants, comfort stations, shelter houses, paths, driveways,
23		public roads, roadways and other improvements and facilities in
24		and through such forest preserves as they shall deem necessary

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1		or desirable for the use of such forest preserves by the public
2		and may acquire, develop, improve and maintain waterways in
3		conjunction with the district. No district with a population
4		less than 600,000 shall have the power to purchase, condemn,
5		lease or acquire an easement in property within a municipality
6		without the concurrence of the governing body of the
7		municipality, except where such district is acquiring land for
8		a linear park or trail not to exceed 100 yards in width or is
9		acquiring land contiguous to an existing park or forest
10		preserve, and no municipality shall annex any land for the
11		purpose of defeating a District acquisition once the District
12		has given notice of intent to acquire a specified parcel of
13		land. No district with a population of less than 500,000 shall
14		(i) have the power to condemn property for a linear park or
15		trail within a municipality without the concurrence of the
16		governing body of the municipality or (ii) have the power to
17		condemn property for a linear park or trail in an
18		unincorporated area without the concurrence of the governing
19		body of the township within which the property is located or
20		(iii) once having commenced a proceeding to acquire land by
21		condemnation, dismiss or abandon that proceeding without the
22		consent of the property owners. No district shall establish a
23		trail surface within 50 feet of an occupied dwelling which was
24		in existence prior to the approval of the acquisition by the
25		district without obtaining permission of the owners of the
26		premises or the concurrence of the governing body of the

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1		municipality or township within which the property is located.
2		All acquisitions of land by a district with a population less
3		than 600,000 within 1 1/2 miles of a municipality shall be
4		preceded by a conference with the mayor or president of the
5		municipality or his designated agent. If a forest preserve
6		district is in negotiations for acquisition of land with owners
7		of land adjacent to a municipality, the annexation of that land
8		shall be deferred for 6 months. The district shall have no
9		power to acquire an interest in real estate situated outside
10		the district by the exercise of the right of eminent domain, by
11		purchase or by lease, but shall have the power to acquire any
12		such property, or an easement in any such property, which is
13		contiguous to the district by gift, legacy, grant, or lease by
14		the State of Illinois, subject to approval of the county board
15		of the county, and of any forest preserve district or
16		conservation district, within which the property is located.
17		The district shall have the same control of and power over
18		land, an interest in which it has so acquired, as over forest
19		preserves within the district. If any of the powers to acquire
20		lands and hold or improve the same given to Forest Preserve
21		Districts, by Sections 5 and 6 of this Act should be held
22		invalid, such invalidity shall not invalidate the remainder of
23		this Act or any of the other powers herein given and conferred
24		upon the Forest Preserve Districts. Such Forest Preserve
25		Districts shall also have power to lease not to exceed 40 acres
26		of the lands and grounds acquired by it, for a term of not more

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1		than 99 years to veterans' organizations as grounds for
2		convalescing sick veterans and veterans with disabilities and
3		disabled veterans, and as a place upon which to construct
4		rehabilitation quarters, or to a county as grounds for a county
5		nursing home or convalescent home. Any such Forest Preserve
6		District shall also have power to grant licenses, easements and
7		rights-of-way for the construction, operation and maintenance
8		upon, under or across any property of such District of
9		facilities for water, sewage, telephone, telegraph, electric,
10		gas or other public service, subject to such terms and
11		conditions as may be determined by such District.
12		Any such District may purchase, but not condemn, a parcel
13		of land and sell a portion thereof for not less than fair
14		market value pursuant to resolution of the Board. Such
15		resolution shall be passed by the affirmative vote of at least
16		2/3 of all members of the board within 30 days after
17		acquisition by the district of such parcel.
18		The corporate authorities of a forest preserve district
19		that (i) is located in a county that has more than 700,000
20		inhabitants, (ii) borders a county that has 1,000,000 or more
21		inhabitants, and (iii) also borders another state, by ordinance
22		or resolution, may authorize the sale or public auction of a
23		structure located on land owned by the district if (i) the
24		structure existed on the land prior to the district's
25		acquisition of the land, (ii) two-thirds of the members of the
26		board of commissioners then holding office find that the

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1		structure is not necessary or is not useful to or for the best
2		interest of the forest preserve district, (iii) a condition of
3		sale or auction requires the transferee of the structure to
4		remove the structure from district land, and (iv) prior to the
5		sale or auction, the fair market value of the structure is
6		determined by a written MAI-certified appraisal or by a written
7		certified appraisal of a State certified or licensed real
8		estate appraiser and the appraisal is available for public
9		inspection. The ordinance or resolution shall (i) direct the
10		sale to be conducted by the staff of the district, a listing
11		with local licensed real estate agencies (in which case the
12		terms of the agent's compensation shall be included in the
13		ordinance or resolution), or by public auction, (ii) be
14		published within 7 days after its passage in a newspaper
15		published in the district, and (iii) contain pertinent
16		information concerning the nature of the structure and any
17		terms or conditions of sale or auction. No earlier than 14 days
18		after the publication, the corporate authorities may accept any
19		offer for the structure determined by them to be in the best
20		interest of the district by a vote of two-thirds of the
21		corporate authorities then holding office.
22		Whenever the board of any forest preserve district
23		determines that the public interest will be subserved by
24		vacating any street, roadway, or driveway, or part thereof,
25		located within a forest preserve, it may vacate that street,
26		roadway, or driveway, or part thereof, by an ordinance passed

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1		by the affirmative vote of at least 3/4 of all the members of
2		the board, except that the affirmative vote of at least 6/7 of
3		all the members of the board is required if the board members
4		are elected under Section 3c of this Act. This vote shall be
5		taken by ayes and nays and entered in the records of the board.
6		The determination of the board that the nature and extent
7		of the public use or public interest to be subserved is such as
8		to warrant the vacation of any street, roadway, or driveway, or
9		part thereof, is conclusive, and the passage of such an
10		ordinance is sufficient evidence of that determination,
11		whether so recited in the ordinance or not. The relief to the
12		public from further burden and responsibility of maintaining
13		any street, roadway or driveway, or part thereof, constitutes a
14		public use or public interest authorizing the vacation.
15		Nothing contained in this Section shall be construed to
16		authorize the board of any forest preserve district to vacate
17		any street, roadway, or driveway, or part thereof, that is part
18		of any State or county highway.
19		When property is damaged by the vacation or closing of any
20		street, roadway, or driveway, or part thereof, damage shall be
21		ascertained and paid as provided by law.
22		Except in cases where the deed, or other instrument
23		dedicating a street, roadway, or driveway, or part thereof, has
24		expressly provided for a specific devolution of the title
25		thereto upon the abandonment or vacation thereof, and except
26		where such street, roadway or driveway, or part thereof, is

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1		held by the district by lease, or where the district holds an
2		easement in the land included within the street, roadway or
3		driveway, whenever any street, roadway, or driveway, or part
4		thereof is vacated under or by virtue of any ordinance of any
5		forest preserve district, the title to the land in fee simple
6		included within the street, roadway, or driveway, or part
7		thereof, so vacated vests in the forest preserve district.
8		The board of any forest preserve district is authorized to
9		sell at fair market price, gravel, sand, earth and any other
10		material obtained from the lands and waters owned by the
11		district.
12		For the purposes of this Section, "acquiring land" includes
13		acquiring a fee simple, lease or easement in land.
14		(Source: P.A. 97-851, eff. 7-26-12.)
15		Section 385. The Cook County Forest Preserve District Act
16		is amended by changing Section 8 as follows:
17		(70 ILCS 810/8) (from Ch. 96 1/2, par. 6411)
18		Sec. 8. Any forest preserve district shall have power to
19		acquire easements in land, lands in fee simple and grounds
20		within such district for the aforesaid purposes by gift, grant,
21		legacy, purchase or condemnation and to construct, lay out,
22		improve and maintain wells, power plants, comfort stations,
23		shelter houses, paths, driveways, roadways and other
24		improvements and facilities in and through such forest

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1		preserves as it shall deem necessary or desirable for the use
2		of such forest preserves by the public. Such forest preserve
3		districts shall also have power to lease not to exceed 40 acres
4		of the lands and grounds acquired by it, for a term of not more
5		than 99 years to veterans' organizations as grounds for
6		convalescing sick veterans and veterans with disabilities and
7		disabled veterans, and as a place upon which to construct
8		rehabilitation quarters, or to a county as grounds for a county
9		nursing home or convalescent home. Any such forest preserve
10		district shall also have power to grant licenses, easements and
11		rights-of-way for the construction, operation and maintenance
12		upon, under or across any property of such district of
13		facilities for water, sewage, telephone, telegraph, electric,
14		gas or other public service, subject to such terms and
15		conditions as may be determined by such district.
16		Whenever the board determines that the public interest will
17		be subserved by vacating any street, roadway, or driveway, or
18		part thereof, located within a forest preserve, it may vacate
19		that street, roadway, or driveway, or part thereof, by an
20		ordinance passed by the affirmative vote of at least 3/4 of all
21		the members of the board.
22		The determination of the board that the nature and extent
23		of the public use or public interest to be subserved is such as
24		to warrant the vacation of any street, roadway, or driveway, or
25		part thereof, is conclusive, and the passage of such an
26		ordinance is sufficient evidence of that determination,

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1		whether so recited in the ordinance or not. The relief to the
2		public from further burden and responsibility of maintaining
3		any street, roadway or driveway, or part thereof, constitutes a
4		public use or public interest authorizing the vacation.
5		Nothing contained in this Section shall be construed to
6		authorize the board to vacate any street, roadway, or driveway,
7		or part thereof, that is part of any State or county highway.
8		When property is damaged by the vacation or closing of any
9		street, roadway, or driveway, or part thereof, damage shall be
10		ascertained and paid as provided by law.
11		Except in cases where the deed, or other instrument
12		dedicating a street, roadway, or driveway, or part thereof, has
13		expressly provided for a specific devolution of the title
14		thereto upon the abandonment or vacation thereof, whenever any
15		street, roadway, or driveway, or part thereof is vacated under
16		or by virtue of any ordinance of any forest preserve district,
17		the title to the land in fee simple included within the street,
18		roadway, or driveway, or part thereof, so vacated vests in the
19		forest preserve district.
20		The board of any forest preserve district is authorized to
21		sell at fair market price, gravel, sand, earth and any other
22		material obtained from the lands and waters owned by the
23		district.
24		(Source: P.A. 98-281, eff. 8-9-13.)
25		Section 390. The Park District Code is amended by changing

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1		Sections 5-8, 5-10, 8-10a, and 8-10b as follows:
2		(70 ILCS 1205/5-8) (from Ch. 105, par. 5-8)
3		Sec. 5-8. Any park district that is a party to a joint
4		agreement to provide recreational programs for persons with
5		disabilities the handicapped under Section 8-10b of this Code
6		may levy and collect annually a tax of not to exceed .04% of
7		the value, as equalized or assessed by the Department of
8		Revenue of all taxable property in the district for the purpose
9		of funding the district's share of the expenses of providing
10		these programs under that joint agreement, which tax shall be
11		levied and collected in like manner as the general taxes for
12		the district. Such tax shall be in addition to all other taxes
13		authorized by law to be levied and collected in the district
14		and shall not be included within any limitation of rate
15		contained in this Code or any other law, but shall be excluded
16		therefrom, in addition thereto and in excess thereof. However,
17		no tax may be levied pursuant to this Section in any area in
18		which a tax is levied under Section 11-95-14 of the Illinois
19		Municipal Code.
20		(Source: P.A. 85-124.)
21		(70 ILCS 1205/5-10) (from Ch. 105, par. 5-10)
22		Sec. 5-10. Whenever, as a result of any lawful order of any
23		agency, other than a park district board, having authority to
24		enforce any law or regulation designed for the protection,

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1		health or safety of employees or visitors, or any law or
2		regulation for the protection and safety of the environment,
3		pursuant to the "Environmental Protection Act", any local park
4		district, is required to alter or repair any physical
5		facilities, or whenever after the effective date of this
6		amendatory Act of 1985 any such district determines that it is
7		necessary for health and safety, environmental protection,
8		handicapped accessibility or energy conservation purposes that
9		any physical facilities be altered or repaired, such district
10		may, by proper resolution which specifically identifies the
11		project and which is adopted pursuant to the provisions of the
12		Open Meetings Act and upon the approval of a proposition by a
13		majority of the electors voting thereon specifying the rate,
14		levy a tax for the purpose of paying such alterations or
15		repairs, or survey by a licensed architect or engineer, upon
16		the equalized assessed value of all the taxable property of the
17		district at the specified rate not to exceed .10% per year for
18		a period sufficient to finance such alterations or repairs,
19		upon the following conditions:
20		(a) When in the judgment of the local park district board
21		of commissioners there are not sufficient funds available in
22		the operations, building and maintenance fund of the district
23		to pay for such alterations or repairs so ordered or determined
24		as necessary.
25		(b) When a certified estimate of a licensed architect or
26		engineer stating the estimated amount of not less than $25,000

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1		that is necessary to make the alterations or repairs so ordered
2		or determined as necessary has been secured by the local park
3		district.
4		The filing of a certified copy of the resolution or
5		ordinance levying the tax shall be the authority of the county
6		clerk or clerks to extend such tax; provided, that in no event
7		shall the extension of such tax for the current and preceding
8		years, if any, under this Section be greater than the amount so
9		approved, and in the event such current extension and preceding
10		extensions exceed such approval and interest, it shall be
11		reduced proportionately.
12		The county clerk of each of the counties in which any park
13		district levying a tax under the authority of this Section is
14		located, in reducing raised levies, shall not consider any such
15		tax as a part of the general levy for park district purposes
16		and shall not include the same in the limitation of any other
17		tax rate which may be extended. Such tax shall be levied and
18		collected in like manner as all other taxes of park districts.
19		The proposition to impose a tax under this Section may be
20		initiated by resolution of the local park district board and
21		shall be certified by the secretary of the local park district
22		board to the proper election authorities for submission in
23		accordance with the general election law.
24		(Source: P.A. 84-849.)
25		(70 ILCS 1205/8-10a) (from Ch. 105, par. 8-10.1)

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1		Sec. 8-10a.
2		Every Park District is authorized to establish, maintain
3		and manage recreational programs for persons with disabilities
4		the handicapped, including both persons with mental
5		disabilities and persons with physical disabilities mentally
6		and physically handicapped, to provide transportation for
7		persons with disabilities the handicapped to and from such
8		programs, to provide for such examination of participants in
9		such programs as may be deemed necessary, to charge fees for
10		participating in such programs, the fee charged for
11		non-residents of such district need not be the same as the fees
12		charged the residents of the district, and to charge fees for
13		transportation furnished to participants.
14		(Source: P.A. 76-805.)
15		(70 ILCS 1205/8-10b) (from Ch. 105, par. 8-10.2)
16		Sec. 8-10b. Joint recreational programs for persons with
17		disabilities the handicapped. Any 2 or more park districts, or
18		in counties with a population of 300,000 or less, a single park
19		district and another unit of local government, are authorized
20		to take any action jointly relating to recreational programs
21		for persons with disabilities the handicapped that could be
22		taken individually and to enter into agreements with other park
23		districts and recreation boards and the corporate authorities
24		of cities, villages and incorporated towns specified in
25		Sections 11-95-2 and 11-95-3 of the "Illinois Municipal Code",

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1		approved May 29, 1961, as amended, or any combination thereof,
2		for the purpose of providing for the establishment, maintenance
3		and management of joint recreational programs for persons with
4		disabilities the handicapped of all the participating
5		districts and municipal areas, including provisions for
6		transportation of participants, procedures for approval of
7		budgets, authorization of expenditures and sharing of
8		expenses, location of recreational areas in the area of any of
9		the participating districts and municipalities, acquisition of
10		real estate by gift, legacy, grant, or purchase, employment of
11		a director and other professional workers for such program who
12		may be employed by one participating district, municipality or
13		board which shall be reimbursed on a mutually agreed basis by
14		the other districts, municipalities and boards that are parties
15		to the joint agreement, authorization for one municipality,
16		board or district to supply professional workers for a joint
17		program conducted in another municipality or district and to
18		provide other requirements for operation of such joint program
19		as may be desirable.
20		(Source: P.A. 92-230, eff. 1-1-02.)
21		Section 395. The Chicago Park District Act is amended by
22		changing Section 7.06 as follows:
23		(70 ILCS 1505/7.06)
24		Sec. 7.06. Recreational programs for persons with

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1		disabilities the handicapped; tax.
2		(a) The Chicago Park District is authorized to establish,
3		maintain, and manage recreational programs for persons with
4		disabilities the handicapped, including both persons with
5		mental disabilities and persons with physical disabilities
6		mentally and physically handicapped, to provide transportation
7		for persons with disabilities the handicapped to and from these
8		programs, to provide for the examination of participants in
9		such programs as deemed necessary, to charge fees for
10		participating in the programs (the fee charged for
11		non-residents of the district need not be the same as the fees
12		charged the residents of the district), and to charge fees for
13		transportation furnished to participants.
14		(b) For the purposes of the recreational programs for
15		persons with disabilities the handicapped established under
16		this Section, the Chicago Park District is authorized to adopt
17		procedures for approval of budgets, authorization of
18		expenditures, location of recreational areas, acquisition of
19		real estate by gift, legacy, grant, or purchase, and employment
20		of a director and other professional workers for the programs.
21		(c) For the purposes of providing recreational programs for
22		persons with disabilities the handicapped under this Section,
23		the Chicago Park District may levy and collect annually a tax
24		of not to exceed .04% of the value, as equalized or assessed by
25		the Department of Revenue, of all taxable property in the
26		district for the purpose of funding the district's expenses of

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1		providing these programs. This tax shall be levied and
2		collected in like manner as the general taxes for the district.
3		The tax shall be in addition to all other taxes authorized by
4		law to be levied and collected in the district and shall not be
5		included within any limitation of rate contained in this Act or
6		any other law, but shall be excluded therefrom, in addition
7		thereto, and in excess thereof.
8		(Source: P.A. 93-612, eff. 11-18-03.)
9		Section 400. The Metro-East Park and Recreation District
10		Act is amended by changing Section 15 as follows:
11		(70 ILCS 1605/15)
12		Sec. 15. Creation of District; referendum.
13		(a) The governing body of a county may, by resolution,
14		elect to create the Metro-East Park and Recreation District.
15		The Metro-East District shall be established at a referendum on
16		the question of the formation of the District that is submitted
17		to the electors of a county at a regular election and approved
18		by a majority of the electors voting on the question. The
19		governing body must certify the question to the proper election
20		authority, which must submit the question at an election in
21		accordance with the Election Code.
22		The question must be submitted in substantially the
23		following form:
24		Shall the Metro-East Park and Recreation District be

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1		created for the purposes of improving water quality;
2		increasing park safety; providing neighborhood trails;
3		improving, restoring, and expanding parks; providing
4		disabled and expanded public access and access to persons
5		with disabilities to recreational areas; preserving
6		natural lands for wildlife; and maintaining other
7		recreation grounds within the boundaries of the Metro-East
8		Park and Recreation District; and shall (name of county)
9		join any other counties in the Metro-East region that
10		approve the formation of the Metro-East Park and Recreation
11		District, with the authority to impose a Metro-East Park
12		and Recreation District Retailers' Occupation Tax at a rate
13		of one-tenth of 1% upon all persons engaged in the business
14		of selling tangible personal property at retail in the
15		district on gross receipts on the sales made in the course
16		of their business for the purposes stated above, with 50%
17		of the revenue going to the Metro-East Park and Recreation
18		District and 50% of the revenue returned to the county from
19		which the tax was collected?
20		The votes must be recorded as "Yes" or "No"
21		In the proposed Metro-East District that consists of only
22		one county, if a majority of the electors in that county voting
23		on the question vote in the affirmative, the Metro-East
24		District may be organized. In the proposed Metro-East District
25		that consists of more than one county, if a majority of the
26		electors in any county proposed for inclusion in the District

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1		voting on the question vote in the affirmative, the Metro-East
2		District may be organized and that county may be included in
3		the District.
4		(b) After the Metro-East District has been created, any
5		county eligible for inclusion in the Metro-East District may
6		join the District after the county submits the question of
7		joining the District to the electors of the county at a regular
8		election. The county board must submit the question to the
9		proper election authority, which must submit the question at an
10		election in accordance with the Election Code.
11		The question must be submitted in substantially the
12		following form:
13		Shall (name of county) join the Metro-East Park and
14		Recreation District with the authority to impose a
15		Metro-East Park and Recreation District Retailers'
16		Occupation Tax at a rate of one-tenth of 1% upon all
17		persons engaged in the business of selling tangible
18		personal property at retail in the district on gross
19		receipts on the sales made in the course of their business,
20		with 50% of the revenue going to the Metro-East Park and
21		Recreation District and 50% of the revenue returned to the
22		county from which the tax was collected?
23		The votes must be recorded as "Yes" or "No".
24		If a majority of the electors voting on the question vote
25		in the affirmative, the county shall be included in the
26		District.

HB4049 Engrossed - 691 - LRB099 03667 KTG 23678 b
1		(Source: P.A. 91-103, eff. 7-13-99.)
2		Section 405. The Metro East Police District Act is amended
3		by changing Section 10 as follows:
4		(70 ILCS 1750/10)
5		(Section scheduled to be repealed on December 31, 2019)
6		Sec. 10. Metro East Police District Commission.
7		(a) The governing and administrative powers of the Metro
8		East Police District shall be vested in a body politic and
9		corporate named the Metro East Police District Commission,
10		whose powers are the following:
11		(1) To apply for, accept and expend grants, loans, or
12		appropriations from the State of Illinois, the federal
13		government, any State or federal agency or
14		instrumentality, any unit of local government, or any other
15		person or entity to be used for any of the purposes of the
16		District. The Commission may enter into any agreement with
17		the State of Illinois, the federal government, any State or
18		federal instrumentality, any unit of local government, or
19		any other person or entity in relation to grants, matching
20		grants, loans, or appropriations. The Commission may
21		provide grants, loans, or appropriations for law
22		enforcement purposes to any unit of local government within
23		the District.
24		(2) To enter into contracts or agreements with persons

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1		or entities for the supply of goods or services as may be
2		necessary for the purposes of the District.
3		(3) To acquire fee simple title to real property lying
4		within the District and personal property required for its
5		purposes, by gift, purchase, contract, or otherwise for law
6		enforcement purposes including evidence storage, records
7		storage, equipment storage, detainment facilities,
8		training facilities, office space and other purposes of the
9		District. Title shall be taken in the name of the
10		Commission. The Commission may acquire by lease any real
11		property located within the District and personal property
12		found by the Commission to be necessary for its purposes
13		and to which the Commission finds that it need not acquire
14		fee simple title for carrying out of those purposes. The
15		Commission has no eminent domain powers or quick-take
16		powers under this provision.
17		(4) To establish by resolution rules and regulations
18		that the police departments within the District may adopt
19		concerning: officer ethics; the carry and use of weapons;
20		search and seizure procedures; procedures for arrests with
21		and without warrants; alternatives to arrest; the use of
22		officer discretion; strip searches and body cavity
23		searches; profiling; use of reasonable force; use of deadly
24		force; use of authorized less than lethal weapons;
25		reporting uses of force; weapons and ammunition; weapons
26		proficiency and training; crime analysis; purchasing and

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1		requisitions; department property; inventory and control;
2		issue and reissue; recruitment; training attendance;
3		lesson plans; remedial training; officer training record
4		maintenance; department animals; response procedures;
5		pursuit of motor vehicles; roadblocks and forcible stops;
6		missing or mentally ill persons; use of equipment; use of
7		vehicle lights and sirens; equipment specifications and
8		maintenance; vehicle safety restraints; authorized
9		personal equipment; protective vests and high risk
10		situations; mobile data access; in-car video and audio;
11		case file management; investigative checklists;
12		informants; cold cases; polygraphs; shift briefings;
13		interviews of witnesses and suspects; line-ups and
14		show-ups; confidential information; juvenile operations;
15		offenders, custody, and interrogation; crime prevention
16		and community interface; critical incident response and
17		planning; hostage negotiation; search and rescue; special
18		events; personnel, equipment, and facility inspections;
19		victim/witness rights, preliminary contact, and follow up;
20		next of kin notification; traffic stops and approaches;
21		speed-measuring devices; DUI procedures; traffic collision
22		reporting and investigation; citation inventory, control
23		and administration; escorts; towing procedures; detainee
24		searches and transportation; search and inventory of
25		vehicles; escape prevention procedures and detainee
26		restraint; sick and injured detainees and detainees with

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1		disabilities , injured, and disabled detainees; vehicle
2		safety; holding facility standards; collection and
3		preservation of evidence including but not limited to
4		photos, video, fingerprints, computers, records, DNA
5		samples, controlled substances, weapons, and physical
6		evidence; police report standards and format; submission
7		of evidence to laboratories; follow up of outstanding
8		cases; and application for charges with the State's
9		Attorney, United States Attorney, Attorney General, or
10		other prosecuting authority.
11		Any police department located within the Metro East
12		Police District that does not adopt any rule or regulation
13		established by resolution by the Commission shall not be
14		eligible to receive funds from the Metro East Police
15		District Fund.
16		The adoption of any policies or procedures pursuant to
17		this Section shall not be inconsistent with any rights
18		under current collective bargaining agreements, the
19		Illinois Public Labor Relations Act or other laws governing
20		collective bargaining.
21		(5) No later than one year after the effective date of
22		this Act, to assume for police departments within the
23		District the authority to make application for and accept
24		financial grants or contributions of services from any
25		public or private source for law enforcement purposes.
26		(6) To develop a comprehensive plan for improvement and

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1		maintenance of law enforcement facilities within the
2		District.
3		(7) To advance police departments within the District
4		towards accreditation by the national Commission for the
5		Accreditation of Law Enforcement Agencies (CALEA) within 3
6		years after creation of the District.
7		(b) The Commission shall consist of 14 appointed members
8		and 3 ex-officio members. Seven members shall be appointed by
9		the Governor with the advice and consent of the Senate, one of
10		whom shall represent an organization that represents the
11		largest number of police officers employed by the
12		municipalities described by Section 5 of this Act. Four members
13		shall be appointed by the Mayor of East Saint Louis, with the
14		advice and consent of the city council. One member each shall
15		be appointed by the Village Presidents of Washington Park,
16		Alorton, and Brooklyn, with the advice and consent of the
17		respective village boards. All appointed members shall hold
18		office for a term of 2 years ending on December 31 and until
19		their successors are appointed and qualified. The Mayor of East
20		Saint Louis, with the approval of the city council, may serve
21		as one of the members appointed for East Saint Louis, and the
22		Village Presidents of Washington Park, Alorton, and Brooklyn,
23		with the approval of their respective boards, may serve as the
24		member for their respective municipalities.
25		A member may be removed by his or her appointing authority
26		for incompetence, neglect of duty, or malfeasance in office.

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1		The Director of the Illinois State Police, or his or her
2		designee, the State's Attorney of St. Clair County, or his or
3		her designee, and the Director of the Southern Illinois Law
4		Enforcement Commission, or his or her designee, shall serve as
5		ex-officio members. Ex-officio members may only vote on matters
6		before the Commission in the event of a tie vote.
7		(c) Any vacancy in the appointed membership of the
8		Commission occurring by reason of the death, resignation,
9		disqualification, removal, or inability or refusal to act of
10		any of the members of the Commission shall be filled by the
11		authority that had appointed the particular member, and for the
12		unexpired term of office of that particular member.
13		(d) The Commission shall hold regular meetings annually for
14		the election of a chair, vice-chair, secretary, and treasurer,
15		for the adoption of a budget, and monthly for other business as
16		may be necessary. The Commission shall establish the duties and
17		responsibilities of its officers by rule. The chair, or any 9
18		members of the Commission, may call special meetings of the
19		Commission. Each member shall take an oath of office for the
20		faithful performance of his or her duties. The Commission may
21		not transact business at a meeting of the Commission unless
22		there is present at the meeting a quorum consisting of at least
23		9 members. Meetings may be held by telephone conference or
24		other communications equipment by means of which all persons
25		participating in the meeting can communicate with each other
26		consistent with the Open Meetings Act.

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1		(e) The Commission shall submit to the General Assembly, no
2		later than March 1 of each odd-numbered year, a detailed report
3		covering its operations for the 2 preceding calendar years and
4		a statement of its program for the next 2 years, as provided by
5		Section 3.1 of the General Assembly Organization Act.
6		(f) The Auditor General shall conduct audits of the
7		Commission in the same manner as the Auditor General conducts
8		audits of State agencies under the Illinois State Auditing Act.
9		(g) The Commission is a public body for purposes of the
10		Open Meetings Act and the Freedom of Information Act.
11		(h) This Section is a limitation under subsection (i) of
12		Section 6 of Article VII of the Illinois Constitution on the
13		concurrent exercise by home rule units of powers and functions
14		exercised by the State.
15		(Source: P.A. 97-971, eff. 1-1-13.)
16		Section 410. The Metropolitan Water Reclamation District
17		Act is amended by changing Section 9.6d as follows:
18		(70 ILCS 2605/9.6d)
19		Sec. 9.6d. Other Post Employment Benefit Trusts. The Board
20		of Commissioners (the Board) may establish one or more trusts
21		(Other Post Employment Benefit ("OPEB") Trusts) for the purpose
22		of providing for the funding and payment of health and other
23		fringe benefits for retired, disabled, or terminated employees
24		of the District or employees of the District with disabilities

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1		or for their dependents and beneficiaries. Trusts created under
2		this Section are in addition to pension benefits for those
3		persons which are currently funded pursuant to Article 13 of
4		the Illinois Pension Code. The OPEB Trusts may employ such
5		personnel and enter into such investment, advisory, or
6		professional services or similar contracts as deemed
7		appropriate by the trustees and recommended by the Treasurer of
8		the Metropolitan Water Reclamation District of Greater Chicago
9		(the District). The OPEB Trusts may be established in such
10		manner so as to be exempt from taxation under the provisions of
11		applicable federal and State tax laws. The trustee of the OPEB
12		Trusts shall be the District. The Treasurer of the District and
13		the trustee shall be indemnified by the District to the fullest
14		extent permitted by law for their actions taken with respect to
15		the OPEB Trust. The Board may deposit money with the OPEB
16		Trusts derived from the funds of the District from time to time
17		as such money may in the discretion of the Board be
18		appropriated for that purpose; and, in addition, the Board may
19		lawfully agree with the OPEB Trusts to a binding level of
20		funding for periods of time not to exceed 5 fiscal years. In
21		addition, the OPEB Trust documents may permit employees of the
22		District to contribute money to provide for such benefits. To
23		the extent participants do not direct the investment of their
24		own account, the assets of the OPEB Trusts shall be managed by
25		the Treasurer of the District in any manner, subject only to
26		the prudent investor standard and any requirements of

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1		applicable federal law. The limitations of any other statute
2		affecting the investment of District funds shall not apply to
3		the OPEB Trusts. The trustee shall adopt an investment policy
4		consistent with the standards articulated in Section 2.5 of the
5		Public Funds Investment Act. The investment policy shall also
6		provide for the availability of training for Board members.
7		Funds of the OPEB Trusts may be used to pay for costs of
8		administering the OPEB Trusts and for the benefits for which
9		such trusts have been established in accordance with the terms
10		of the OPEB Trust documents.
11		(Source: P.A. 95-394, eff. 8-23-07.)
12		Section 415. The Metropolitan Transit Authority Act is
13		amended by changing Sections 27a, 28, 28a, 51, and 52 as
14		follows:
15		(70 ILCS 3605/27a) (from Ch. 111 2/3, par. 327a)
16		Sec. 27a. In addition to annually expending moneys equal to
17		moneys expended by the Authority in the fiscal year ending
18		December 31, 1988 for the protection against crime of its
19		properties, employees and consumers of its public
20		transportation services, the Authority also shall annually
21		expend for the protection against crime of its employees and
22		consumers, an amount that is equal to not less than 15 percent
23		of all direct grants it receives from the State of Illinois as
24		reimbursement for providing reduced fares for mass

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1		transportation services to students, persons with
2		disabilities, handicapped persons and the elderly. The
3		Authority shall provide to the Regional Transportation
4		Authority such information as is required by the Regional
5		Transportation Authority in determining whether the Authority
6		has expended moneys in compliance with the provisions of this
7		Section. The provisions of this Section shall apply in any
8		fiscal year of the Authority only after all debt service
9		requirements are met for that fiscal year.
10		(Source: P.A. 90-273, eff. 7-30-97.)
11		(70 ILCS 3605/28) (from Ch. 111 2/3, par. 328)
12		Sec. 28. The Board shall classify all the offices,
13		positions and grades of regular and exempt employment required,
14		excepting that of the Chairman of the Board, the Executive
15		Director, Secretary, Treasurer, General Counsel, and Chief
16		Engineer, with reference to the duties, job title, job schedule
17		number, and the compensation fixed therefor, and adopt rules
18		governing appointments to any of such offices or positions on
19		the basis of merit and efficiency. The job title shall be
20		generally descriptive of the duties performed in that job, and
21		the job schedule number shall be used to identify a job title
22		and to further classify positions within a job title. No
23		discrimination shall be made in any appointment or promotion to
24		any office, position, or grade of regular employment because of
25		race, creed, color, sex, national origin, physical or mental

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1		disability handicap unrelated to ability, or political or
2		religious affiliations. No officer or employee in regular
3		employment shall be discharged or demoted except for cause
4		which is detrimental to the service. Any officer or employee in
5		regular employment who is discharged or demoted may file a
6		complaint in writing with the Board within ten days after
7		notice of his or her discharge or demotion. If an employee is a
8		member of a labor organization the complaint may be filed by
9		such organization for and in behalf of such employee. The Board
10		shall grant a hearing on such complaint within thirty (30) days
11		after it is filed. The time and place of the hearing shall be
12		fixed by the Board and due notice thereof given to the
13		complainant, the labor organization by or through which the
14		complaint was filed and the Executive Director. The hearing
15		shall be conducted by the Board, or any member thereof or any
16		officers' committee or employees' committee appointed by the
17		Board. The complainant may be represented by counsel. If the
18		Board finds, or approves a finding of the member or committee
19		appointed by the Board, that the complainant has been unjustly
20		discharged or demoted, he or she shall be restored to his or
21		her office or position with back pay. The decision of the Board
22		shall be final and not subject to review. The Board may
23		designate such offices, positions, and grades of employment as
24		exempt as it deems necessary for the efficient operation of the
25		business of the Authority. The total number of employees
26		occupying exempt offices, positions, or grades of employment

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1		may not exceed 3% of the total employment of the Authority. All
2		exempt offices, positions, and grades of employment shall be at
3		will. No discrimination shall be made in any appointment or
4		promotion to any office, position, or grade of exempt
5		employment because of race, creed, color, sex, national origin,
6		physical or mental disability handicap unrelated to ability, or
7		religious or political affiliation. The Board may abolish any
8		vacant or occupied office or position. Additionally, the Board
9		may reduce the force of employees for lack of work or lack of
10		funds as determined by the Board. When the number of positions
11		or employees holding positions of regular employment within a
12		particular job title and job schedule number are reduced, those
13		employees with the least company seniority in that job title
14		and job schedule number shall be first released from regular
15		employment service. For a period of one year, an employee
16		released from service shall be eligible for reinstatement to
17		the job title and job schedule number from which he or she was
18		released, in order of company seniority, if additional force of
19		employees is required. "Company seniority" as used in this
20		Section means the overall employment service credited to an
21		employee by the Authority since the employee's most recent date
22		of hire irrespective of job titles held. If 2 or more employees
23		have the same company seniority date, time in the affected job
24		title and job schedule number shall be used to break the
25		company seniority tie. For purposes of this Section, company
26		seniority shall be considered a working condition. When

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1		employees are represented by a labor organization that has a
2		labor agreement with the Authority, the wages, hours, and
3		working conditions (including, but not limited to, seniority
4		rights) shall be governed by the terms of the agreement. Exempt
5		employment shall not include any employees who are represented
6		by a labor organization that has a labor agreement with the
7		Authority.
8		No employee, officer, or agent of the Chicago Transit Board
9		may receive a bonus that exceeds 10% of his or her annual
10		salary unless that bonus has been reviewed for a period of 14
11		days by the Regional Transportation Authority Board. After 14
12		days, the bonus shall be considered reviewed. This Section does
13		not apply to usual and customary salary adjustments.
14		(Source: P.A. 98-1027, eff. 1-1-15.)
15		(70 ILCS 3605/28a) (from Ch. 111 2/3, par. 328a)
16		Sec. 28a. (a) The Board may deal with and enter into
17		written contracts with the employees of the Authority through
18		accredited representatives of such employees or
19		representatives of any labor organization authorized to act for
20		such employees, concerning wages, salaries, hours, working
21		conditions and pension or retirement provisions; provided,
22		nothing herein shall be construed to permit hours of labor in
23		excess of those provided by law or to permit working conditions
24		prohibited by law. In case of dispute over wages, salaries,
25		hours, working conditions, or pension or retirement provisions

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1		the Board may arbitrate any question or questions and may agree
2		with such accredited representatives or labor organization
3		that the decision of a majority of any arbitration board shall
4		be final, provided each party shall agree in advance to pay
5		half of the expense of such arbitration.
6		No contract or agreement shall be made with any labor
7		organization, association, group or individual for the
8		employment of members of such organization, association, group
9		or individual for the construction, improvement, maintenance,
10		operation or administration of any property, plant or
11		facilities under the jurisdiction of the Authority, where such
12		organization, association, group or individual denies on the
13		ground of race, creed, color, sex, religion, physical or mental
14		disability handicap unrelated to ability, or national origin
15		membership and equal opportunities for employment to any
16		citizen of Illinois.
17		(b)(1) The provisions of this paragraph (b) apply to
18		collective bargaining agreements (including extensions and
19		amendments of existing agreements) entered into on or after
20		January 1, 1984.
21		(2) The Board shall deal with and enter into written
22		contracts with their employees, through accredited
23		representatives of such employees authorized to act for such
24		employees concerning wages, salaries, hours, working
25		conditions, and pension or retirement provisions about which a
26		collective bargaining agreement has been entered prior to the

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1		effective date of this amendatory Act of 1983. Any such
2		agreement of the Authority shall provide that the agreement may
3		be reopened if the amended budget submitted pursuant to Section
4		2.18a of the Regional Transportation Authority Act is not
5		approved by the Board of the Regional Transportation Authority.
6		The agreement may not include a provision requiring the payment
7		of wage increases based on changes in the Consumer Price Index.
8		The Board shall not have the authority to enter into collective
9		bargaining agreements with respect to inherent management
10		rights, which include such areas of discretion or policy as the
11		functions of the employer, standards of services, its overall
12		budget, the organizational structure and selection of new
13		employees and direction of personnel. Employers, however,
14		shall be required to bargain collectively with regard to policy
15		matters directly affecting wages, hours and terms and
16		conditions of employment, as well as the impact thereon upon
17		request by employee representatives. To preserve the rights of
18		employers and exclusive representatives which have established
19		collective bargaining relationships or negotiated collective
20		bargaining agreements prior to the effective date of this
21		amendatory Act of 1983, employers shall be required to bargain
22		collectively with regard to any matter concerning wages, hours
23		or conditions of employment about which they have bargained
24		prior to the effective date of this amendatory Act of 1983.
25		(3) The collective bargaining agreement may not include a
26		prohibition on the use of part-time operators on any service

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1		operated by or funded by the Board, except where prohibited by
2		federal law.
3		(4) Within 30 days of the signing of any such collective
4		bargaining agreement, the Board shall determine the costs of
5		each provision of the agreement, prepare an amended budget
6		incorporating the costs of the agreement, and present the
7		amended budget to the Board of the Regional Transportation
8		Authority for its approval under Section 4.11 of the Regional
9		Transportation Act. The Board of the Regional Transportation
10		Authority may approve the amended budget by an affirmative vote
11		of 12 of its then Directors. If the budget is not approved by
12		the Board of the Regional Transportation Authority, the
13		agreement may be reopened and its terms may be renegotiated.
14		Any amended budget which may be prepared following
15		renegotiation shall be presented to the Board of the Regional
16		Transportation Authority for its approval in like manner.
17		(Source: P.A. 95-708, eff. 1-18-08.)
18		(70 ILCS 3605/51)
19		Sec. 51. Free services; eligibility.
20		(a) Notwithstanding any law to the contrary, no later than
21		60 days following the effective date of this amendatory Act of
22		the 95th General Assembly and until subsection (b) is
23		implemented, any fixed route public transportation services
24		provided by, or under grant or purchase of service contracts
25		of, the Board shall be provided without charge to all senior

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1		citizens of the Metropolitan Region (as such term is defined in
2		70 ILCS 3615/1.03) aged 65 and older, under such conditions as
3		shall be prescribed by the Board.
4		(b) Notwithstanding any law to the contrary, no later than
5		180 days following the effective date of this amendatory Act of
6		the 96th General Assembly, any fixed route public
7		transportation services provided by, or under grant or purchase
8		of service contracts of, the Board shall be provided without
9		charge to senior citizens aged 65 and older who meet the income
10		eligibility limitation set forth in subsection (a-5) of Section
11		4 of the Senior Citizens and Persons with Disabilities Disabled
12		Persons Property Tax Relief Act, under such conditions as shall
13		be prescribed by the Board. The Department on Aging shall
14		furnish all information reasonably necessary to determine
15		eligibility, including updated lists of individuals who are
16		eligible for services without charge under this Section.
17		Nothing in this Section shall relieve the Board from providing
18		reduced fares as may be required by federal law.
19		(Source: P.A. 96-1527, eff. 2-14-11; 97-689, eff. 6-14-12.)
20		(70 ILCS 3605/52)
21		Sec. 52. Transit services for individuals with
22		disabilities disabled individuals. Notwithstanding any law to
23		the contrary, no later than 60 days following the effective
24		date of this amendatory Act of the 95th General Assembly, all
25		fixed route public transportation services provided by, or

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1		under grant or purchase of service contract of, the Board shall
2		be provided without charge to all persons with disabilities
3		disabled persons who meet the income eligibility limitation set
4		forth in subsection (a-5) of Section 4 of the Senior Citizens
5		and Persons with Disabilities Disabled Persons Property Tax
6		Relief Act, under such procedures as shall be prescribed by the
7		Board. The Department on Aging shall furnish all information
8		reasonably necessary to determine eligibility, including
9		updated lists of individuals who are eligible for services
10		without charge under this Section.
11		(Source: P.A. 97-689, eff. 6-14-12.)
12		Section 420. The Local Mass Transit District Act is amended
13		by changing Sections 8.6 and 8.7 as follows:
14		(70 ILCS 3610/8.6)
15		Sec. 8.6. Free services; eligibility.
16		(a) Notwithstanding any law to the contrary, no later than
17		60 days following the effective date of this amendatory Act of
18		the 95th General Assembly and until subsection (b) is
19		implemented, any fixed route public transportation services
20		provided by, or under grant or purchase of service contracts
21		of, every District shall be provided without charge to all
22		senior citizens of the District aged 65 and older, under such
23		conditions as shall be prescribed by the District.
24		(b) Notwithstanding any law to the contrary, no later than

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1		180 days following the effective date of this amendatory Act of
2		the 96th General Assembly, any fixed route public
3		transportation services provided by, or under grant or purchase
4		of service contracts of, every District shall be provided
5		without charge to senior citizens aged 65 and older who meet
6		the income eligibility limitation set forth in subsection (a-5)
7		of Section 4 of the Senior Citizens and Persons with
8		Disabilities Disabled Persons Property Tax Relief Act, under
9		such conditions as shall be prescribed by the District. The
10		Department on Aging shall furnish all information reasonably
11		necessary to determine eligibility, including updated lists of
12		individuals who are eligible for services without charge under
13		this Section. Nothing in this Section shall relieve the
14		District from providing reduced fares as may be required by
15		federal law.
16		(Source: P.A. 96-1527, eff. 2-14-11; 97-689, eff. 6-14-12.)
17		(70 ILCS 3610/8.7)
18		Sec. 8.7. Transit services for individuals with
19		disabilities disabled individuals. Notwithstanding any law to
20		the contrary, no later than 60 days following the effective
21		date of this amendatory Act of the 95th General Assembly, all
22		fixed route public transportation services provided by, or
23		under grant or purchase of service contract of, any District
24		shall be provided without charge to all persons with
25		disabilities disabled persons who meet the income eligibility

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1		limitation set forth in subsection (a-5) of Section 4 of the
2		Senior Citizens and Persons with Disabilities Disabled Persons
3		Property Tax Relief Act, under such procedures as shall be
4		prescribed by the District. The Department on Aging shall
5		furnish all information reasonably necessary to determine
6		eligibility, including updated lists of individuals who are
7		eligible for services without charge under this Section.
8		(Source: P.A. 97-689, eff. 6-14-12.)
9		Section 425. The Regional Transportation Authority Act is
10		amended by changing Sections 1.02, 3A.15, 3A.16, 3B.14, and
11		3B.15 as follows:
12		(70 ILCS 3615/1.02) (from Ch. 111 2/3, par. 701.02)
13		Sec. 1.02. Findings and Purpose.
14		(a) The General Assembly finds;
15		(i) Public transportation is, as provided in Section 7
16		of Article XIII of the Illinois Constitution, an essential
17		public purpose for which public funds may be expended and
18		that Section authorizes the State to provide financial
19		assistance to units of local government for distribution to
20		providers of public transportation. There is an urgent need
21		to reform and continue a unit of local government to assure
22		the proper management of public transportation and to
23		receive and distribute State or federal operating
24		assistance and to raise and distribute revenues for local

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1		operating assistance. System generated revenues are not
2		adequate for such service and a public need exists to
3		provide for, aid and assist public transportation in the
4		northeastern area of the State, consisting of Cook, DuPage,
5		Kane, Lake, McHenry and Will Counties.
6		(ii) Comprehensive and coordinated regional public
7		transportation is essential to the public health, safety
8		and welfare. It is essential to economic well-being,
9		maintenance of full employment, conservation of sources of
10		energy and land for open space and reduction of traffic
11		congestion and for providing and maintaining a healthful
12		environment for the benefit of present and future
13		generations in the metropolitan region. Public
14		transportation improves the mobility of the public and
15		improves access to jobs, commercial facilities, schools
16		and cultural attractions. Public transportation decreases
17		air pollution and other environmental hazards resulting
18		from excessive use of automobiles and allows for more
19		efficient land use and planning.
20		(iii) Because system generated receipts are not
21		presently adequate, public transportation facilities and
22		services in the northeastern area are in grave financial
23		condition. With existing methods of financing,
24		coordination and management, and relative convenience of
25		automobiles, such public transportation facilities are not
26		providing adequate public transportation to insure the

HB4049 Engrossed - 712 - LRB099 03667 KTG 23678 b
1		public health, safety and welfare.
2		(iv) Additional commitments to the public
3		transportation needs of persons with disabilities the
4		disabled, the economically disadvantaged, and the elderly
5		are necessary.
6		(v) To solve these problems, it is necessary to provide
7		for the creation of a regional transportation authority
8		with the powers necessary to insure adequate public
9		transportation.
10		(b) The General Assembly further finds, in connection with
11		this amendatory Act of 1983:
12		(i) Substantial, recurring deficits in the operations
13		of public transportation services subject to the
14		jurisdiction of the Regional Transportation Authority and
15		periodic cash shortages have occurred either of which could
16		bring about a loss of public transportation services
17		throughout the metropolitan region at any time;
18		(ii) A substantial or total loss of public
19		transportation services or any segment thereof would
20		create an emergency threatening the safety and well-being
21		of the people in the northeastern area of the State; and
22		(iii) To meet the urgent needs of the people of the
23		metropolitan region that such an emergency be averted and
24		to provide financially sound methods of managing the
25		provision of public transportation services in the
26		northeastern area of the State, it is necessary, while

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1		maintaining and continuing the existing Authority, to
2		modify the powers and responsibilities of the Authority, to
3		reallocate responsibility for operating decisions, to
4		change the composition and appointment of the Board of
5		Directors thereof, and to immediately establish a new Board
6		of Directors.
7		(c) The General Assembly further finds in connection with
8		this amendatory Act of the 95th General Assembly:
9		(i) The economic vitality of northeastern Illinois
10		requires regionwide and systemwide efforts to increase
11		ridership on the transit systems, constrain road
12		congestion within the metropolitan region, and allocate
13		resources for transportation so as to assist in the
14		development of an adequate, efficient, geographically
15		equitable and coordinated regional transportation system
16		that is in a state of good repair.
17		(ii) To achieve the purposes of this amendatory Act of
18		the 95th General Assembly, the powers and duties of the
19		Authority must be enhanced to improve overall planning and
20		coordination, to achieve an integrated and efficient
21		regional transit system, to advance the mobility of transit
22		users, and to increase financial transparency of the
23		Authority and the Service Boards.
24		(d) It is the purpose of this Act to provide for, aid and
25		assist public transportation in the northeastern area of the
26		State without impairing the overall quality of existing public

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1		transportation by providing for the creation of a single
2		authority responsive to the people and elected officials of the
3		area and with the power and competence to develop, implement,
4		and enforce plans that promote adequate, efficient,
5		geographically equitable and coordinated public
6		transportation, provide financial review of the providers of
7		public transportation in the metropolitan region and
8		facilitate public transportation provided by Service Boards
9		which is attractive and economical to users, comprehensive,
10		coordinated among its various elements, economical, safe,
11		efficient and coordinated with area and State plans.
12		(Source: P.A. 98-1027, eff. 1-1-15.)
13		(70 ILCS 3615/3A.15)
14		Sec. 3A.15. Free services; eligibility.
15		(a) Notwithstanding any law to the contrary, no later than
16		60 days following the effective date of this amendatory Act of
17		the 95th General Assembly and until subsection (b) is
18		implemented, any fixed route public transportation services
19		provided by, or under grant or purchase of service contracts
20		of, the Suburban Bus Board shall be provided without charge to
21		all senior citizens of the Metropolitan Region aged 65 and
22		older, under such conditions as shall be prescribed by the
23		Suburban Bus Board.
24		(b) Notwithstanding any law to the contrary, no later than
25		180 days following the effective date of this amendatory Act of

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1		the 96th General Assembly, any fixed route public
2		transportation services provided by, or under grant or purchase
3		of service contracts of, the Suburban Bus Board shall be
4		provided without charge to senior citizens aged 65 and older
5		who meet the income eligibility limitation set forth in
6		subsection (a-5) of Section 4 of the Senior Citizens and
7		Persons with Disabilities Disabled Persons Property Tax Relief
8		Act, under such conditions as shall be prescribed by the
9		Suburban Bus Board. The Department on Aging shall furnish all
10		information reasonably necessary to determine eligibility,
11		including updated lists of individuals who are eligible for
12		services without charge under this Section. Nothing in this
13		Section shall relieve the Suburban Bus Board from providing
14		reduced fares as may be required by federal law.
15		(Source: P.A. 96-1527, eff. 2-14-11; 97-689, eff. 6-14-12.)
16		(70 ILCS 3615/3A.16)
17		Sec. 3A.16. Transit services for individuals with
18		disabilities disabled individuals. Notwithstanding any law to
19		the contrary, no later than 60 days following the effective
20		date of this amendatory Act of the 95th General Assembly, all
21		fixed route public transportation services provided by, or
22		under grant or purchase of service contract of, the Suburban
23		Bus Board shall be provided without charge to all persons with
24		disabilities disabled persons who meet the income eligibility
25		limitation set forth in subsection (a-5) of Section 4 of the

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1		Senior Citizens and Persons with Disabilities Disabled Persons
2		Property Tax Relief Act, under such procedures as shall be
3		prescribed by the Board. The Department on Aging shall furnish
4		all information reasonably necessary to determine eligibility,
5		including updated lists of individuals who are eligible for
6		services without charge under this Section.
7		(Source: P.A. 97-689, eff. 6-14-12.)
8		(70 ILCS 3615/3B.14)
9		Sec. 3B.14. Free services; eligibility.
10		(a) Notwithstanding any law to the contrary, no later than
11		60 days following the effective date of this amendatory Act of
12		the 95th General Assembly and until subsection (b) is
13		implemented, any fixed route public transportation services
14		provided by, or under grant or purchase of service contracts
15		of, the Commuter Rail Board shall be provided without charge to
16		all senior citizens of the Metropolitan Region aged 65 and
17		older, under such conditions as shall be prescribed by the
18		Commuter Rail Board.
19		(b) Notwithstanding any law to the contrary, no later than
20		180 days following the effective date of this amendatory Act of
21		the 96th General Assembly, any fixed route public
22		transportation services provided by, or under grant or purchase
23		of service contracts of, the Commuter Rail Board shall be
24		provided without charge to senior citizens aged 65 and older
25		who meet the income eligibility limitation set forth in

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1		subsection (a-5) of Section 4 of the Senior Citizens and
2		Persons with Disabilities Disabled Persons Property Tax Relief
3		Act, under such conditions as shall be prescribed by the
4		Commuter Rail Board. The Department on Aging shall furnish all
5		information reasonably necessary to determine eligibility,
6		including updated lists of individuals who are eligible for
7		services without charge under this Section. Nothing in this
8		Section shall relieve the Commuter Rail Board from providing
9		reduced fares as may be required by federal law.
10		(Source: P.A. 96-1527, eff. 2-14-11; 97-689, eff. 6-14-12.)
11		(70 ILCS 3615/3B.15)
12		Sec. 3B.15. Transit services for individuals with
13		disabilities disabled individuals. Notwithstanding any law to
14		the contrary, no later than 60 days following the effective
15		date of this amendatory Act of the 95th General Assembly, all
16		fixed route public transportation services provided by, or
17		under grant or purchase of service contract of, the Commuter
18		Rail Board shall be provided without charge to all persons with
19		disabilities disabled persons who meet the income eligibility
20		limitation set forth in subsection (a-5) of Section 4 of the
21		Senior Citizens and Persons with Disabilities Disabled Persons
22		Property Tax Relief Act, under such procedures as shall be
23		prescribed by the Board. The Department on Aging shall furnish
24		all information reasonably necessary to determine eligibility,
25		including updated lists of individuals who are eligible for

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1		services without charge under this Section.
2		(Source: P.A. 97-689, eff. 6-14-12.)
3		Section 430. The School Code is amended by changing
4		Sections 2-3.83, 2-3.98, 10-22.11, 10-22.33B, 14-6.01,
5		14-7.02, 14-7.03, 14-8.01, 14-8.02, 14-8.04, 14-11.01,
6		17-2.11, 19-1, 21B-20, 30-14.2, 34-2.4, 34-18, and 34-128 as
7		follows:
8		(105 ILCS 5/2-3.83) (from Ch. 122, par. 2-3.83)
9		Sec. 2-3.83. Individual transition plan model pilot
10		program.
11		(a) The General Assembly finds that transition services for
12		special education students in secondary schools are needed for
13		the increasing numbers of students exiting school programs.
14		Therefore, to ensure coordinated and timely delivery of
15		services, the State shall establish a model pilot program to
16		provide such services. Local school districts, using joint
17		agreements and regional service delivery systems for special
18		and vocational education selected by the Governor's Planning
19		Council on Developmental Disabilities, shall have the primary
20		responsibility to convene transition planning meetings for
21		these students who will require post-school adult services.
22		(b) For purposes of this Section:
23		(1) "Post-secondary Service Provider" means a provider
24		of services for adults who have any developmental

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1		disability as defined in Section 1-106 of the Mental Health
2		and Developmental Disabilities Code or who are persons with
3		one or more disabilities disabled as defined in the
4		Rehabilitation of Persons with Disabilities Disabled
5		Persons Rehabilitation Act.
6		(2) "Individual Education Plan" means a written
7		statement for an exceptional child that provides at least a
8		statement of: the child's present levels of educational
9		performance, annual goals and short-term instructional
10		objectives; specific special education and related
11		services; the extent of participation in the regular
12		education program; the projected dates for initiation of
13		services; anticipated duration of services; appropriate
14		objective criteria and evaluation procedures; and a
15		schedule for annual determination of short-term
16		objectives.
17		(3) "Individual Transition Plan" (ITP) means a
18		multi-agency informal assessment of a student's needs for
19		post-secondary adult services including but not limited to
20		employment, post-secondary education or training and
21		residential independent living.
22		(4) "Developmental Disability" means a disability
23		which is attributable to: (a) an intellectual disability,
24		cerebral palsy, epilepsy or autism; or to (b) any other
25		condition which results in impairment similar to that
26		caused by an intellectual disability and which requires

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1		services similar to those required by persons with an
2		intellectual disability intellectually disabled persons.
3		Such disability must originate before the age of 18 years,
4		be expected to continue indefinitely, and constitute a
5		substantial disability handicap.
6		(5) "Exceptional Characteristic" means any disabling
7		or exceptional characteristic which interferes with a
8		student's education including, but not limited to, a
9		determination that the student has a severe or profound
10		mental disability, has mental disability but is trainable,
11		is is severely or profoundly mentally disabled, trainably
12		mentally disabled, deaf-blind, or has some other health
13		impairment.
14		(c) The model pilot program required by this Section shall
15		be established and administered by the Governor's Planning
16		Council on Developmental Disabilities in conjunction with the
17		case coordination pilot projects established by the Department
18		of Human Services pursuant to Section 4.1 of the Community
19		Services Act, as amended.
20		(d) The model pilot program shall include the following
21		features:
22		(1) Written notice shall be sent to the student and,
23		when appropriate, his or her parent or guardian giving the
24		opportunity to consent to having the student's name and
25		relevant information shared with the local case
26		coordination unit and other appropriate State or local

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1		agencies for purposes of inviting participants to the
2		individual transition plan meeting.
3		(2) Meetings to develop and modify, as needed, an
4		Individual Transition Plan shall be conducted annually for
5		all students with a developmental disability in the pilot
6		program area who are age 16 or older and who are receiving
7		special education services for 50% or more of their public
8		school program. These meetings shall be convened by the
9		local school district and conducted in conjunction with any
10		other regularly scheduled meetings such as the student's
11		annual individual educational plan meeting. The Governor's
12		Planning Council on Developmental Disabilities shall
13		cooperate with and may enter into any necessary written
14		agreements with the Department of Human Services and the
15		State Board of Education to identify the target group of
16		students for transition planning and the appropriate case
17		coordination unit to serve these individuals.
18		(3) The ITP meetings shall be co-chaired by the
19		individual education plan coordinator and the case
20		coordinator. The ITP meeting shall include but not be
21		limited to discussion of the following: the student's
22		projected date of exit from the public schools; his
23		projected post-school goals in the areas of employment,
24		residential living arrangement and post-secondary
25		education or training; specific school or post-school
26		services needed during the following year to achieve the

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1		student's goals, including but not limited to vocational
2		evaluation, vocational education, work experience or
3		vocational training, placement assistance, independent
4		living skills training, recreational or leisure training,
5		income support, medical needs and transportation; and
6		referrals and linkage to needed services, including a
7		proposed time frame for services and the responsible agency
8		or provider. The individual transition plan shall be signed
9		by participants in the ITP discussion, including but not
10		limited to the student's parents or guardian, the student
11		(where appropriate), multi-disciplinary team
12		representatives from the public schools, the case
13		coordinator and any other individuals who have
14		participated in the ITP meeting at the discretion of the
15		individual education plan coordinator, the developmental
16		disability case coordinator or the parents or guardian.
17		(4) At least 10 days prior to the ITP meeting, the
18		parents or guardian of the student shall be notified in
19		writing of the time and place of the meeting by the local
20		school district. The ITP discussion shall be documented by
21		the assigned case coordinator, and an individual student
22		file shall be maintained by each case coordination unit.
23		One year following a student's exit from public school the
24		case coordinator shall conduct a follow up interview with
25		the student.
26		(5) Determinations with respect to individual

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1		transition plans made under this Section shall not be
2		subject to any due process requirements prescribed in
3		Section 14-8.02 of this Code.
4		(e) (Blank).
5		(Source: P.A. 97-227, eff. 1-1-12.)
6		(105 ILCS 5/2-3.98) (from Ch. 122, par. 2-3.98)
7		Sec. 2-3.98. Transition program for persons with
8		developmental disabilities Developmentally disabled transition
9		program. The State Board of Education shall establish and
10		implement, in conjunction with the Department of Human
11		Services, a pilot program for the provision of transitional,
12		educational services to persons with a developmental
13		disability 18 years of age or older who have completed public
14		school programs.
15		(Source: P.A. 88-380; 89-507, eff. 7-1-97.)
16		(105 ILCS 5/10-22.11) (from Ch. 122, par. 10-22.11)
17		Sec. 10-22.11. Lease of school property.
18		(a) To lease school property to another school district,
19		municipality or body politic and corporate for a term of not to
20		exceed 25 years, except as otherwise provided in this Section,
21		and upon such terms and conditions as may be agreed if in the
22		opinion of the school board use of such property will not be
23		needed by the district during the term of such lease; provided,
24		the school board shall not make or renew any lease for a term

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1		longer than 10 years, nor alter the terms of any lease whose
2		unexpired term may exceed 10 years without the vote of 2/3 of
3		the full membership of the board.
4		(b) Whenever the school board considers such action
5		advisable and in the best interests of the school district, to
6		lease vacant school property for a period not exceeding 51
7		years to a private not for profit school organization for use
8		in the care of persons with a mental disability who are
9		trainable and educable the trainable and educable mentally
10		disabled persons in the district or in the education of the
11		gifted children in the district. Before leasing such property
12		to a private not for profit school organization, the school
13		board must adopt a resolution for the leasing of such property,
14		fixing the period and price therefor, and order submitted to
15		referendum at an election to be held in the district as
16		provided in the general election law, the question of whether
17		the lease should be entered into. Thereupon, the secretary
18		shall certify to the proper election authorities the
19		proposition for submission in accordance with the general
20		election law. If the majority of the voters voting upon the
21		proposition vote in favor of the leasing, the school board may
22		proceed with the leasing. The proposition shall be in
23		substantially the following form:
24		-------------------------------------------------------------
25		Shall School District No. ..... of
26		..... County, Illinois lease to YES

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1		..... (here name and identify the
2		lessee) the following described vacant ---------------------
3		school property (here describe the
4		property) for a term of ..... years NO
5		for the sum of ..... Dollars?
6		-------------------------------------------------------------
7		This paragraph (b) shall not be construed in such a manner
8		as to relieve the responsibility of the Board of Education as
9		set out in Article 14 of the School Code.
10		(c) To lease school buildings and land to suitable lessees
11		for educational purposes or for any other purpose which serves
12		the interests of the community, for a term not to exceed 25
13		years and upon such terms and conditions as may be agreed upon
14		by the parties, when such buildings and land are declared by
15		the board to be unnecessary or unsuitable or inconvenient for a
16		school or the uses of the district during the term of the lease
17		and when, in the opinion of the board, the best interests of
18		the residents of the school district will be enhanced by
19		entering into such a lease. Such leases shall include
20		provisions for adequate insurance for both liability and
21		property damage or loss, and reasonable charges for maintenance
22		and depreciation of such buildings and land.
23		(Source: P.A. 89-397, eff. 8-20-95.)
24		(105 ILCS 5/10-22.33B)
25		Sec. 10-22.33B. Summer school; required attendance. To

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1		conduct a high quality summer school program for those resident
2		students identified by the school district as being
3		academically at risk in such critical subject areas as language
4		arts (reading and writing) and mathematics who will be entering
5		any of the school district's grades for the next school term
6		and to require attendance at such program by such students who
7		have not been identified as a person with a disability disabled
8		under Article 14, but who meet criteria established under this
9		Section. Summer school programs established under this Section
10		shall be designed to raise the level of achievement and improve
11		opportunities for success in subsequent grade levels of those
12		students required to attend. The parent or guardian of any
13		student required to attend summer school shall be given written
14		notice from the school district requiring attendance not later
15		than the close of the school term which immediately precedes
16		the required summer school program.
17		(Source: P.A. 89-610, eff. 8-6-96.)
18		(105 ILCS 5/14-6.01) (from Ch. 122, par. 14-6.01)
19		Sec. 14-6.01. Powers and duties of school boards. School
20		boards of one or more school districts establishing and
21		maintaining any of the educational facilities described in this
22		Article shall, in connection therewith, exercise similar
23		powers and duties as are prescribed by law for the
24		establishment, maintenance and management of other recognized
25		educational facilities. Such school boards shall include only

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1		eligible children in the program and shall comply with all the
2		requirements of this Article and all rules and regulations
3		established by the State Board of Education. Such school boards
4		shall accept in part-time attendance children with
5		disabilities of the types described in Sections 14-1.02 through
6		14-1.07 who are enrolled in nonpublic schools. A request for
7		part-time attendance must be submitted by a parent or guardian
8		of the child with a disability disabled child and may be made
9		only to those public schools located in the district where the
10		child attending the nonpublic school resides; however, nothing
11		in this Section shall be construed as prohibiting an agreement
12		between the district where the child resides and another public
13		school district to provide special educational services if such
14		an arrangement is deemed more convenient and economical.
15		Special education and related services must be provided in
16		accordance with the student's IEP no later than 10 school
17		attendance days after notice is provided to the parents
18		pursuant to Section 300.503 of Title 34 of the Code of Federal
19		Regulations and implementing rules adopted by the State Board
20		of Education. Transportation for students in part time
21		attendance shall be provided only if required in the child's
22		individualized educational program on the basis of the child's
23		disabling condition or as the special education program
24		location may require.
25		A school board shall publish a public notice in its
26		newsletter of general circulation or in the newsletter of

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1		another governmental entity of general circulation in the
2		district or if neither is available in the district, then in a
3		newspaper of general circulation in the district, the right of
4		all children with disabilities to a free appropriate public
5		education as provided under this Code. Such notice shall
6		identify the location and phone number of the office or agent
7		of the school district to whom inquiries should be directed
8		regarding the identification, assessment and placement of such
9		children.
10		School boards shall immediately provide upon request by any
11		person written materials and other information that indicates
12		the specific policies, procedures, rules and regulations
13		regarding the identification, evaluation or educational
14		placement of children with disabilities under Section 14-8.02
15		of the School Code. Such information shall include information
16		regarding all rights and entitlements of such children under
17		this Code, and of the opportunity to present complaints with
18		respect to any matter relating to educational placement of the
19		student, or the provision of a free appropriate public
20		education and to have an impartial due process hearing on the
21		complaint. The notice shall inform the parents or guardian in
22		the parents' or guardian's native language, unless it is
23		clearly not feasible to do so, of their rights and all
24		procedures available pursuant to this Act and federal Public
25		Law 94-142; it shall be the responsibility of the State
26		Superintendent to develop uniform notices setting forth the

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1		procedures available under this Act and federal Public Law
2		94-142, as amended, to be used by all school boards. The notice
3		shall also inform the parents or guardian of the availability
4		upon request of a list of free or low-cost legal and other
5		relevant services available locally to assist parents or
6		guardians in exercising rights or entitlements under this Code.
7		Any parent or guardian who is deaf, or does not normally
8		communicate using spoken English, who participates in a meeting
9		with a representative of a local educational agency for the
10		purposes of developing an individualized educational program
11		shall be entitled to the services of an interpreter.
12		No student with a disability disabled student may be denied
13		promotion, graduation or a general diploma on the basis of
14		failing a minimal competency test when such failure can be
15		directly related to the disabling condition of the student. For
16		the purpose of this Act, "minimal competency testing" is
17		defined as tests which are constructed to measure the
18		acquisition of skills to or beyond a certain defined standard.
19		Effective July 1, 1966, high school districts are
20		financially responsible for the education of pupils with
21		disabilities who are residents in their districts when such
22		pupils have reached age 15 but may admit children with
23		disabilities into special educational facilities without
24		regard to graduation from the eighth grade after such pupils
25		have reached the age of 14 1/2 years. Upon a pupil with a
26		disability disabled pupil's attaining the age of 14 1/2 years,

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1		it shall be the duty of the elementary school district in which
2		the pupil resides to notify the high school district in which
3		the pupil resides of the pupil's current eligibility for
4		special education services, of the pupil's current program, and
5		of all evaluation data upon which the current program is based.
6		After an examination of that information the high school
7		district may accept the current placement and all subsequent
8		timelines shall be governed by the current individualized
9		educational program; or the high school district may elect to
10		conduct its own evaluation and multidisciplinary staff
11		conference and formulate its own individualized educational
12		program, in which case the procedures and timelines contained
13		in Section 14-8.02 shall apply.
14		(Source: P.A. 98-219, eff. 8-9-13.)
15		(105 ILCS 5/14-7.02) (from Ch. 122, par. 14-7.02)
16		Sec. 14-7.02. Children attending private schools, public
17		out-of-state schools, public school residential facilities or
18		private special education facilities. The General Assembly
19		recognizes that non-public schools or special education
20		facilities provide an important service in the educational
21		system in Illinois.
22		If because of his or her disability the special education
23		program of a district is unable to meet the needs of a child
24		and the child attends a non-public school or special education
25		facility, a public out-of-state school or a special education

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1		facility owned and operated by a county government unit that
2		provides special educational services required by the child and
3		is in compliance with the appropriate rules and regulations of
4		the State Superintendent of Education, the school district in
5		which the child is a resident shall pay the actual cost of
6		tuition for special education and related services provided
7		during the regular school term and during the summer school
8		term if the child's educational needs so require, excluding
9		room, board and transportation costs charged the child by that
10		non-public school or special education facility, public
11		out-of-state school or county special education facility, or
12		$4,500 per year, whichever is less, and shall provide him any
13		necessary transportation. "Nonpublic special education
14		facility" shall include a residential facility, within or
15		without the State of Illinois, which provides special education
16		and related services to meet the needs of the child by
17		utilizing private schools or public schools, whether located on
18		the site or off the site of the residential facility.
19		The State Board of Education shall promulgate rules and
20		regulations for determining when placement in a private special
21		education facility is appropriate. Such rules and regulations
22		shall take into account the various types of services needed by
23		a child and the availability of such services to the particular
24		child in the public school. In developing these rules and
25		regulations the State Board of Education shall consult with the
26		Advisory Council on Education of Children with Disabilities and

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1		hold public hearings to secure recommendations from parents,
2		school personnel, and others concerned about this matter.
3		The State Board of Education shall also promulgate rules
4		and regulations for transportation to and from a residential
5		school. Transportation to and from home to a residential school
6		more than once each school term shall be subject to prior
7		approval by the State Superintendent in accordance with the
8		rules and regulations of the State Board.
9		A school district making tuition payments pursuant to this
10		Section is eligible for reimbursement from the State for the
11		amount of such payments actually made in excess of the district
12		per capita tuition charge for students not receiving special
13		education services. Such reimbursement shall be approved in
14		accordance with Section 14-12.01 and each district shall file
15		its claims, computed in accordance with rules prescribed by the
16		State Board of Education, on forms prescribed by the State
17		Superintendent of Education. Data used as a basis of
18		reimbursement claims shall be for the preceding regular school
19		term and summer school term. Each school district shall
20		transmit its claims to the State Board of Education on or
21		before August 15. The State Board of Education, before
22		approving any such claims, shall determine their accuracy and
23		whether they are based upon services and facilities provided
24		under approved programs. Upon approval the State Board shall
25		cause vouchers to be prepared showing the amount due for
26		payment of reimbursement claims to school districts, for

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1		transmittal to the State Comptroller on the 30th day of
2		September, December, and March, respectively, and the final
3		voucher, no later than June 20. If the money appropriated by
4		the General Assembly for such purpose for any year is
5		insufficient, it shall be apportioned on the basis of the
6		claims approved.
7		No child shall be placed in a special education program
8		pursuant to this Section if the tuition cost for special
9		education and related services increases more than 10 percent
10		over the tuition cost for the previous school year or exceeds
11		$4,500 per year unless such costs have been approved by the
12		Illinois Purchased Care Review Board. The Illinois Purchased
13		Care Review Board shall consist of the following persons, or
14		their designees: the Directors of Children and Family Services,
15		Public Health, Public Aid, and the Governor's Office of
16		Management and Budget; the Secretary of Human Services; the
17		State Superintendent of Education; and such other persons as
18		the Governor may designate. The Review Board shall also consist
19		of one non-voting member who is an administrator of a private,
20		nonpublic, special education school. The Review Board shall
21		establish rules and regulations for its determination of
22		allowable costs and payments made by local school districts for
23		special education, room and board, and other related services
24		provided by non-public schools or special education facilities
25		and shall establish uniform standards and criteria which it
26		shall follow. The Review Board shall approve the usual and

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1		customary rate or rates of a special education program that (i)
2		is offered by an out-of-state, non-public provider of
3		integrated autism specific educational and autism specific
4		residential services, (ii) offers 2 or more levels of
5		residential care, including at least one locked facility, and
6		(iii) serves 12 or fewer Illinois students.
7		The Review Board shall establish uniform definitions and
8		criteria for accounting separately by special education, room
9		and board and other related services costs. The Board shall
10		also establish guidelines for the coordination of services and
11		financial assistance provided by all State agencies to assure
12		that no otherwise qualified child with a disability disabled
13		child receiving services under Article 14 shall be excluded
14		from participation in, be denied the benefits of or be
15		subjected to discrimination under any program or activity
16		provided by any State agency.
17		The Review Board shall review the costs for special
18		education and related services provided by non-public schools
19		or special education facilities and shall approve or disapprove
20		such facilities in accordance with the rules and regulations
21		established by it with respect to allowable costs.
22		The State Board of Education shall provide administrative
23		and staff support for the Review Board as deemed reasonable by
24		the State Superintendent of Education. This support shall not
25		include travel expenses or other compensation for any Review
26		Board member other than the State Superintendent of Education.

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1		The Review Board shall seek the advice of the Advisory
2		Council on Education of Children with Disabilities on the rules
3		and regulations to be promulgated by it relative to providing
4		special education services.
5		If a child has been placed in a program in which the actual
6		per pupil costs of tuition for special education and related
7		services based on program enrollment, excluding room, board and
8		transportation costs, exceed $4,500 and such costs have been
9		approved by the Review Board, the district shall pay such total
10		costs which exceed $4,500. A district making such tuition
11		payments in excess of $4,500 pursuant to this Section shall be
12		responsible for an amount in excess of $4,500 equal to the
13		district per capita tuition charge and shall be eligible for
14		reimbursement from the State for the amount of such payments
15		actually made in excess of the districts per capita tuition
16		charge for students not receiving special education services.
17		If a child has been placed in an approved individual
18		program and the tuition costs including room and board costs
19		have been approved by the Review Board, then such room and
20		board costs shall be paid by the appropriate State agency
21		subject to the provisions of Section 14-8.01 of this Act. Room
22		and board costs not provided by a State agency other than the
23		State Board of Education shall be provided by the State Board
24		of Education on a current basis. In no event, however, shall
25		the State's liability for funding of these tuition costs begin
26		until after the legal obligations of third party payors have

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1		been subtracted from such costs. If the money appropriated by
2		the General Assembly for such purpose for any year is
3		insufficient, it shall be apportioned on the basis of the
4		claims approved. Each district shall submit estimated claims to
5		the State Superintendent of Education. Upon approval of such
6		claims, the State Superintendent of Education shall direct the
7		State Comptroller to make payments on a monthly basis. The
8		frequency for submitting estimated claims and the method of
9		determining payment shall be prescribed in rules and
10		regulations adopted by the State Board of Education. Such
11		current state reimbursement shall be reduced by an amount equal
12		to the proceeds which the child or child's parents are eligible
13		to receive under any public or private insurance or assistance
14		program. Nothing in this Section shall be construed as
15		relieving an insurer or similar third party from an otherwise
16		valid obligation to provide or to pay for services provided to
17		a child with a disability disabled child.
18		If it otherwise qualifies, a school district is eligible
19		for the transportation reimbursement under Section 14-13.01
20		and for the reimbursement of tuition payments under this
21		Section whether the non-public school or special education
22		facility, public out-of-state school or county special
23		education facility, attended by a child who resides in that
24		district and requires special educational services, is within
25		or outside of the State of Illinois. However, a district is not
26		eligible to claim transportation reimbursement under this

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1		Section unless the district certifies to the State
2		Superintendent of Education that the district is unable to
3		provide special educational services required by the child for
4		the current school year.
5		Nothing in this Section authorizes the reimbursement of a
6		school district for the amount paid for tuition of a child
7		attending a non-public school or special education facility,
8		public out-of-state school or county special education
9		facility unless the school district certifies to the State
10		Superintendent of Education that the special education program
11		of that district is unable to meet the needs of that child
12		because of his disability and the State Superintendent of
13		Education finds that the school district is in substantial
14		compliance with Section 14-4.01. However, if a child is
15		unilaterally placed by a State agency or any court in a
16		non-public school or special education facility, public
17		out-of-state school, or county special education facility, a
18		school district shall not be required to certify to the State
19		Superintendent of Education, for the purpose of tuition
20		reimbursement, that the special education program of that
21		district is unable to meet the needs of a child because of his
22		or her disability.
23		Any educational or related services provided, pursuant to
24		this Section in a non-public school or special education
25		facility or a special education facility owned and operated by
26		a county government unit shall be at no cost to the parent or

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1		guardian of the child. However, current law and practices
2		relative to contributions by parents or guardians for costs
3		other than educational or related services are not affected by
4		this amendatory Act of 1978.
5		Reimbursement for children attending public school
6		residential facilities shall be made in accordance with the
7		provisions of this Section.
8		Notwithstanding any other provision of law, any school
9		district receiving a payment under this Section or under
10		Section 14-7.02b, 14-13.01, or 29-5 of this Code may classify
11		all or a portion of the funds that it receives in a particular
12		fiscal year or from general State aid pursuant to Section
13		18-8.05 of this Code as funds received in connection with any
14		funding program for which it is entitled to receive funds from
15		the State in that fiscal year (including, without limitation,
16		any funding program referenced in this Section), regardless of
17		the source or timing of the receipt. The district may not
18		classify more funds as funds received in connection with the
19		funding program than the district is entitled to receive in
20		that fiscal year for that program. Any classification by a
21		district must be made by a resolution of its board of
22		education. The resolution must identify the amount of any
23		payments or general State aid to be classified under this
24		paragraph and must specify the funding program to which the
25		funds are to be treated as received in connection therewith.
26		This resolution is controlling as to the classification of

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1		funds referenced therein. A certified copy of the resolution
2		must be sent to the State Superintendent of Education. The
3		resolution shall still take effect even though a copy of the
4		resolution has not been sent to the State Superintendent of
5		Education in a timely manner. No classification under this
6		paragraph by a district shall affect the total amount or timing
7		of money the district is entitled to receive under this Code.
8		No classification under this paragraph by a district shall in
9		any way relieve the district from or affect any requirements
10		that otherwise would apply with respect to that funding
11		program, including any accounting of funds by source, reporting
12		expenditures by original source and purpose, reporting
13		requirements, or requirements of providing services.
14		(Source: P.A. 98-636, eff. 6-6-14; 98-1008, eff. 1-1-15;
15		revised 10-1-14.)
16		(105 ILCS 5/14-7.03) (from Ch. 122, par. 14-7.03)
17		Sec. 14-7.03. Special Education Classes for Children from
18		Orphanages, Foster Family Homes, Children's Homes, or in State
19		Housing Units. If a school district maintains special education
20		classes on the site of orphanages and children's homes, or if
21		children from the orphanages, children's homes, foster family
22		homes, other State agencies, or State residential units for
23		children attend classes for children with disabilities in which
24		the school district is a participating member of a joint
25		agreement, or if the children from the orphanages, children's

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1		homes, foster family homes, other State agencies, or State
2		residential units attend classes for the children with
3		disabilities maintained by the school district, then
4		reimbursement shall be paid to eligible districts in accordance
5		with the provisions of this Section by the Comptroller as
6		directed by the State Superintendent of Education.
7		The amount of tuition for such children shall be determined
8		by the actual cost of maintaining such classes, using the per
9		capita cost formula set forth in Section 14-7.01, such program
10		and cost to be pre-approved by the State Superintendent of
11		Education.
12		If a school district makes a claim for reimbursement under
13		Section 18-3 or 18-4 of this Act it shall not include in any
14		claim filed under this Section a claim for such children.
15		Payments authorized by law, including State or federal grants
16		for education of children included in this Section, shall be
17		deducted in determining the tuition amount.
18		Nothing in this Act shall be construed so as to prohibit
19		reimbursement for the tuition of children placed in for profit
20		facilities. Private facilities shall provide adequate space at
21		the facility for special education classes provided by a school
22		district or joint agreement for children with disabilities who
23		are residents of the facility at no cost to the school district
24		or joint agreement upon request of the school district or joint
25		agreement. If such a private facility provides space at no cost
26		to the district or joint agreement for special education

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1		classes provided to children with disabilities who are
2		residents of the facility, the district or joint agreement
3		shall not include any costs for the use of those facilities in
4		its claim for reimbursement.
5		Reimbursement for tuition may include the cost of providing
6		summer school programs for children with severe and profound
7		disabilities served under this Section. Claims for that
8		reimbursement shall be filed by November 1 and shall be paid on
9		or before December 15 from appropriations made for the purposes
10		of this Section.
11		The State Board of Education shall establish such rules and
12		regulations as may be necessary to implement the provisions of
13		this Section.
14		Claims filed on behalf of programs operated under this
15		Section housed in a jail, detention center, or county-owned
16		shelter care facility shall be on an individual student basis
17		only for eligible students with disabilities. These claims
18		shall be in accordance with applicable rules.
19		Each district claiming reimbursement for a program
20		operated as a group program shall have an approved budget on
21		file with the State Board of Education prior to the initiation
22		of the program's operation. On September 30, December 31, and
23		March 31, the State Board of Education shall voucher payments
24		to group programs based upon the approved budget during the
25		year of operation. Final claims for group payments shall be
26		filed on or before July 15. Final claims for group programs

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1		received at the State Board of Education on or before June 15
2		shall be vouchered by June 30. Final claims received at the
3		State Board of Education between June 16 and July 15 shall be
4		vouchered by August 30. Claims for group programs received
5		after July 15 shall not be honored.
6		Each district claiming reimbursement for individual
7		students shall have the eligibility of those students verified
8		by the State Board of Education. On September 30, December 31,
9		and March 31, the State Board of Education shall voucher
10		payments for individual students based upon an estimated cost
11		calculated from the prior year's claim. Final claims for
12		individual students for the regular school term must be
13		received at the State Board of Education by July 15. Claims for
14		individual students received after July 15 shall not be
15		honored. Final claims for individual students shall be
16		vouchered by August 30.
17		Reimbursement shall be made based upon approved group
18		programs or individual students. The State Superintendent of
19		Education shall direct the Comptroller to pay a specified
20		amount to the district by the 30th day of September, December,
21		March, June, or August, respectively. However, notwithstanding
22		any other provisions of this Section or the School Code,
23		beginning with fiscal year 1994 and each fiscal year
24		thereafter, if the amount appropriated for any fiscal year is
25		less than the amount required for purposes of this Section, the
26		amount required to eliminate any insufficient reimbursement

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1		for each district claim under this Section shall be reimbursed
2		on August 30 of the next fiscal year. Payments required to
3		eliminate any insufficiency for prior fiscal year claims shall
4		be made before any claims are paid for the current fiscal year.
5		The claim of a school district otherwise eligible to be
6		reimbursed in accordance with Section 14-12.01 for the 1976-77
7		school year but for this amendatory Act of 1977 shall not be
8		paid unless the district ceases to maintain such classes for
9		one entire school year.
10		If a school district's current reimbursement payment for
11		the 1977-78 school year only is less than the prior year's
12		reimbursement payment owed, the district shall be paid the
13		amount of the difference between the payments in addition to
14		the current reimbursement payment, and the amount so paid shall
15		be subtracted from the amount of prior year's reimbursement
16		payment owed to the district.
17		Regional superintendents may operate special education
18		classes for children from orphanages, foster family homes,
19		children's homes or State housing units located within the
20		educational services region upon consent of the school board
21		otherwise so obligated. In electing to assume the powers and
22		duties of a school district in providing and maintaining such a
23		special education program, the regional superintendent may
24		enter into joint agreements with other districts and may
25		contract with public or private schools or the orphanage,
26		foster family home, children's home or State housing unit for

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1		provision of the special education program. The regional
2		superintendent exercising the powers granted under this
3		Section shall claim the reimbursement authorized by this
4		Section directly from the State Board of Education.
5		Any child who is not a resident of Illinois who is placed
6		in a child welfare institution, private facility, foster family
7		home, State operated program, orphanage or children's home
8		shall have the payment for his educational tuition and any
9		related services assured by the placing agent.
10		For each student with a disability disabled student who is
11		placed in a residential facility by an Illinois public agency
12		or by any court in this State, the costs for educating the
13		student are eligible for reimbursement under this Section.
14		The district of residence of the student with a disability
15		disabled student as defined in Section 14-1.11a is responsible
16		for the actual costs of the student's special education program
17		and is eligible for reimbursement under this Section when
18		placement is made by a State agency or the courts.
19		When a dispute arises over the determination of the
20		district of residence under this Section, the district or
21		districts may appeal the decision in writing to the State
22		Superintendent of Education, who, upon review of materials
23		submitted and any other items or information he or she may
24		request for submission, shall issue a written decision on the
25		matter. The decision of the State Superintendent of Education
26		shall be final.

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1		In the event a district does not make a tuition payment to
2		another district that is providing the special education
3		program and services, the State Board of Education shall
4		immediately withhold 125% of the then remaining annual tuition
5		cost from the State aid or categorical aid payment due to the
6		school district that is determined to be the resident school
7		district. All funds withheld by the State Board of Education
8		shall immediately be forwarded to the school district where the
9		student is being served.
10		When a child eligible for services under this Section
11		14-7.03 must be placed in a nonpublic facility, that facility
12		shall meet the programmatic requirements of Section 14-7.02 and
13		its regulations, and the educational services shall be funded
14		only in accordance with this Section 14-7.03.
15		(Source: P.A. 98-739, eff. 7-16-14.)
16		(105 ILCS 5/14-8.01) (from Ch. 122, par. 14-8.01)
17		Sec. 14-8.01. Supervision of special education buildings
18		and facilities. All special educational facilities, building
19		programs, housing, and all educational programs for the types
20		of children with disabilities disabled children defined in
21		Section 14-1.02 shall be under the supervision of and subject
22		to the approval of the State Board of Education.
23		All special education facilities, building programs, and
24		housing shall comply with the building code authorized by
25		Section 2-3.12.

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1		All educational programs for children with disabilities as
2		defined in Section 14-1.02 administered by any State agency
3		shall be under the general supervision of the State Board of
4		Education. Such supervision shall be limited to insuring that
5		such educational programs meet standards jointly developed and
6		agreed to by both the State Board of Education and the
7		operating State agency, including standards for educational
8		personnel.
9		Any State agency providing special educational programs
10		for children with disabilities as defined in Section 14-1.02
11		shall promulgate rules and regulations, in consultation with
12		the State Board of Education and pursuant to the Illinois
13		Administrative Procedure Act as now or hereafter amended, to
14		insure that all such programs comply with this Section and
15		Section 14-8.02.
16		No otherwise qualified child with a disability disabled
17		child receiving special education and related services under
18		Article 14 shall solely by reason of his or her disability be
19		excluded from the participation in or be denied the benefits of
20		or be subjected to discrimination under any program or activity
21		provided by a State agency.
22		State agencies providing special education and related
23		services, including room and board, either directly or through
24		grants or purchases of services shall continue to provide these
25		services according to current law and practice. Room and board
26		costs not provided by a State agency other than the State Board

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1		of Education shall be provided by the State Board of Education
2		to the extent of available funds. An amount equal to one-half
3		of the State education agency's share of IDEA PART B federal
4		monies, or so much thereof as may actually be needed, shall
5		annually be appropriated to pay for the additional costs of
6		providing for room and board for those children placed pursuant
7		to Section 14-7.02 of this Code and, after all such room and
8		board costs are paid, for similar expenditures for children
9		served pursuant to Section 14-7.02 or 14-7.02b of this Code.
10		Any such excess room and board funds must first be directed to
11		those school districts with students costing in excess of 4
12		times the district's per capita tuition charge and then to
13		community based programs that serve as alternatives to
14		residential placements.
15		Beginning with Fiscal Year 1997 and continuing through
16		Fiscal Year 2000, 100% of the former Chapter I, Section 89-313
17		federal funds shall be allocated by the State Board of
18		Education in the same manner as IDEA, PART B "flow through"
19		funding to local school districts, joint agreements, and
20		special education cooperatives for the maintenance of
21		instructional and related support services to students with
22		disabilities. However, beginning with Fiscal Year 1998, the
23		total IDEA Part B discretionary funds available to the State
24		Board of Education shall not exceed the maximum permissible
25		under federal law or 20% of the total federal funds available
26		to the State, whichever is less. After all room and board

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1		payments and similar expenditures are made by the State Board
2		of Education as required by this Section, the State Board of
3		Education may use the remaining funds for administration and
4		for providing discretionary activities. However, the State
5		Board of Education may use no more than 25% of its available
6		IDEA Part B discretionary funds for administrative services.
7		Special education and related services included in the
8		child's individualized educational program which are not
9		provided by another State agency shall be included in the
10		special education and related services provided by the State
11		Board of Education and the local school district.
12		The State Board of Education with the advice of the
13		Advisory Council shall prescribe the standards and make the
14		necessary rules and regulations for special education programs
15		administered by local school boards, including but not limited
16		to establishment of classes, training requirements of teachers
17		and other professional personnel, eligibility and admission of
18		pupils, the curriculum, class size limitation, building
19		programs, housing, transportation, special equipment and
20		instructional supplies, and the applications for claims for
21		reimbursement. The State Board of Education shall promulgate
22		rules and regulations for annual evaluations of the
23		effectiveness of all special education programs and annual
24		evaluation by the local school district of the individualized
25		educational program for each child for whom it provides special
26		education services.

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1		A school district is responsible for the provision of
2		educational services for all school age children residing
3		within its boundaries excluding any student placed under the
4		provisions of Section 14-7.02 or any student with a disability
5		disabled student whose parent or guardian lives outside of the
6		State of Illinois as described in Section 14-1.11.
7		(Source: P.A. 93-1022, eff. 8-24-04; 94-69, eff. 7-1-05.)
8		(105 ILCS 5/14-8.02) (from Ch. 122, par. 14-8.02)
9		Sec. 14-8.02. Identification, Evaluation and Placement of
10		Children.
11		(a) The State Board of Education shall make rules under
12		which local school boards shall determine the eligibility of
13		children to receive special education. Such rules shall ensure
14		that a free appropriate public education be available to all
15		children with disabilities as defined in Section 14-1.02. The
16		State Board of Education shall require local school districts
17		to administer non-discriminatory procedures or tests to
18		limited English proficiency students coming from homes in which
19		a language other than English is used to determine their
20		eligibility to receive special education. The placement of low
21		English proficiency students in special education programs and
22		facilities shall be made in accordance with the test results
23		reflecting the student's linguistic, cultural and special
24		education needs. For purposes of determining the eligibility of
25		children the State Board of Education shall include in the

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1		rules definitions of "case study", "staff conference",
2		"individualized educational program", and "qualified
3		specialist" appropriate to each category of children with
4		disabilities as defined in this Article. For purposes of
5		determining the eligibility of children from homes in which a
6		language other than English is used, the State Board of
7		Education shall include in the rules definitions for "qualified
8		bilingual specialists" and "linguistically and culturally
9		appropriate individualized educational programs". For purposes
10		of this Section, as well as Sections 14-8.02a, 14-8.02b, and
11		14-8.02c of this Code, "parent" means a parent as defined in
12		the federal Individuals with Disabilities Education Act (20
13		U.S.C. 1401(23)).
14		(b) No child shall be eligible for special education
15		facilities except with a carefully completed case study fully
16		reviewed by professional personnel in a multidisciplinary
17		staff conference and only upon the recommendation of qualified
18		specialists or a qualified bilingual specialist, if available.
19		At the conclusion of the multidisciplinary staff conference,
20		the parent of the child shall be given a copy of the
21		multidisciplinary conference summary report and
22		recommendations, which includes options considered, and be
23		informed of their right to obtain an independent educational
24		evaluation if they disagree with the evaluation findings
25		conducted or obtained by the school district. If the school
26		district's evaluation is shown to be inappropriate, the school

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1		district shall reimburse the parent for the cost of the
2		independent evaluation. The State Board of Education shall,
3		with advice from the State Advisory Council on Education of
4		Children with Disabilities on the inclusion of specific
5		independent educational evaluators, prepare a list of
6		suggested independent educational evaluators. The State Board
7		of Education shall include on the list clinical psychologists
8		licensed pursuant to the Clinical Psychologist Licensing Act.
9		Such psychologists shall not be paid fees in excess of the
10		amount that would be received by a school psychologist for
11		performing the same services. The State Board of Education
12		shall supply school districts with such list and make the list
13		available to parents at their request. School districts shall
14		make the list available to parents at the time they are
15		informed of their right to obtain an independent educational
16		evaluation. However, the school district may initiate an
17		impartial due process hearing under this Section within 5 days
18		of any written parent request for an independent educational
19		evaluation to show that its evaluation is appropriate. If the
20		final decision is that the evaluation is appropriate, the
21		parent still has a right to an independent educational
22		evaluation, but not at public expense. An independent
23		educational evaluation at public expense must be completed
24		within 30 days of a parent written request unless the school
25		district initiates an impartial due process hearing or the
26		parent or school district offers reasonable grounds to show

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1		that such 30 day time period should be extended. If the due
2		process hearing decision indicates that the parent is entitled
3		to an independent educational evaluation, it must be completed
4		within 30 days of the decision unless the parent or the school
5		district offers reasonable grounds to show that such 30 day
6		period should be extended. If a parent disagrees with the
7		summary report or recommendations of the multidisciplinary
8		conference or the findings of any educational evaluation which
9		results therefrom, the school district shall not proceed with a
10		placement based upon such evaluation and the child shall remain
11		in his or her regular classroom setting. No child shall be
12		eligible for admission to a special class for children with a
13		mental disability who are educable or for children with a
14		mental disability who are trainable the educable mentally
15		disabled or for the trainable mentally disabled except with a
16		psychological evaluation and recommendation by a school
17		psychologist. Consent shall be obtained from the parent of a
18		child before any evaluation is conducted. If consent is not
19		given by the parent or if the parent disagrees with the
20		findings of the evaluation, then the school district may
21		initiate an impartial due process hearing under this Section.
22		The school district may evaluate the child if that is the
23		decision resulting from the impartial due process hearing and
24		the decision is not appealed or if the decision is affirmed on
25		appeal. The determination of eligibility shall be made and the
26		IEP meeting shall be completed within 60 school days from the

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1		date of written parental consent. In those instances when
2		written parental consent is obtained with fewer than 60 pupil
3		attendance days left in the school year, the eligibility
4		determination shall be made and the IEP meeting shall be
5		completed prior to the first day of the following school year.
6		Special education and related services must be provided in
7		accordance with the student's IEP no later than 10 school
8		attendance days after notice is provided to the parents
9		pursuant to Section 300.503 of Title 34 of the Code of Federal
10		Regulations and implementing rules adopted by the State Board
11		of Education. The appropriate program pursuant to the
12		individualized educational program of students whose native
13		tongue is a language other than English shall reflect the
14		special education, cultural and linguistic needs. No later than
15		September 1, 1993, the State Board of Education shall establish
16		standards for the development, implementation and monitoring
17		of appropriate bilingual special individualized educational
18		programs. The State Board of Education shall further
19		incorporate appropriate monitoring procedures to verify
20		implementation of these standards. The district shall indicate
21		to the parent and the State Board of Education the nature of
22		the services the child will receive for the regular school term
23		while waiting placement in the appropriate special education
24		class.
25		If the child is deaf, hard of hearing, blind, or visually
26		impaired and he or she might be eligible to receive services

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1		from the Illinois School for the Deaf or the Illinois School
2		for the Visually Impaired, the school district shall notify the
3		parents, in writing, of the existence of these schools and the
4		services they provide and shall make a reasonable effort to
5		inform the parents of the existence of other, local schools
6		that provide similar services and the services that these other
7		schools provide. This notification shall include without
8		limitation information on school services, school admissions
9		criteria, and school contact information.
10		In the development of the individualized education program
11		for a student who has a disability on the autism spectrum
12		(which includes autistic disorder, Asperger's disorder,
13		pervasive developmental disorder not otherwise specified,
14		childhood disintegrative disorder, and Rett Syndrome, as
15		defined in the Diagnostic and Statistical Manual of Mental
16		Disorders, fourth edition (DSM-IV, 2000)), the IEP team shall
17		consider all of the following factors:
18		(1) The verbal and nonverbal communication needs of the
19		child.
20		(2) The need to develop social interaction skills and
21		proficiencies.
22		(3) The needs resulting from the child's unusual
23		responses to sensory experiences.
24		(4) The needs resulting from resistance to
25		environmental change or change in daily routines.
26		(5) The needs resulting from engagement in repetitive

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1		activities and stereotyped movements.
2		(6) The need for any positive behavioral
3		interventions, strategies, and supports to address any
4		behavioral difficulties resulting from autism spectrum
5		disorder.
6		(7) Other needs resulting from the child's disability
7		that impact progress in the general curriculum, including
8		social and emotional development.
9		Public Act 95-257 does not create any new entitlement to a
10		service, program, or benefit, but must not affect any
11		entitlement to a service, program, or benefit created by any
12		other law.
13		If the student may be eligible to participate in the
14		Home-Based Support Services Program for Adults with Mental
15		Disabilities Mentally Disabled Adults authorized under the
16		Developmental Disability and Mental Disability Services Act
17		upon becoming an adult, the student's individualized education
18		program shall include plans for (i) determining the student's
19		eligibility for those home-based services, (ii) enrolling the
20		student in the program of home-based services, and (iii)
21		developing a plan for the student's most effective use of the
22		home-based services after the student becomes an adult and no
23		longer receives special educational services under this
24		Article. The plans developed under this paragraph shall include
25		specific actions to be taken by specified individuals,
26		agencies, or officials.

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1		(c) In the development of the individualized education
2		program for a student who is functionally blind, it shall be
3		presumed that proficiency in Braille reading and writing is
4		essential for the student's satisfactory educational progress.
5		For purposes of this subsection, the State Board of Education
6		shall determine the criteria for a student to be classified as
7		functionally blind. Students who are not currently identified
8		as functionally blind who are also entitled to Braille
9		instruction include: (i) those whose vision loss is so severe
10		that they are unable to read and write at a level comparable to
11		their peers solely through the use of vision, and (ii) those
12		who show evidence of progressive vision loss that may result in
13		functional blindness. Each student who is functionally blind
14		shall be entitled to Braille reading and writing instruction
15		that is sufficient to enable the student to communicate with
16		the same level of proficiency as other students of comparable
17		ability. Instruction should be provided to the extent that the
18		student is physically and cognitively able to use Braille.
19		Braille instruction may be used in combination with other
20		special education services appropriate to the student's
21		educational needs. The assessment of each student who is
22		functionally blind for the purpose of developing the student's
23		individualized education program shall include documentation
24		of the student's strengths and weaknesses in Braille skills.
25		Each person assisting in the development of the individualized
26		education program for a student who is functionally blind shall

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1		receive information describing the benefits of Braille
2		instruction. The individualized education program for each
3		student who is functionally blind shall specify the appropriate
4		learning medium or media based on the assessment report.
5		(d) To the maximum extent appropriate, the placement shall
6		provide the child with the opportunity to be educated with
7		children who do not have a disability are not disabled;
8		provided that children with disabilities who are recommended to
9		be placed into regular education classrooms are provided with
10		supplementary services to assist the children with
11		disabilities to benefit from the regular classroom instruction
12		and are included on the teacher's regular education class
13		register. Subject to the limitation of the preceding sentence,
14		placement in special classes, separate schools or other removal
15		of the child with a disability disabled child from the regular
16		educational environment shall occur only when the nature of the
17		severity of the disability is such that education in the
18		regular classes with the use of supplementary aids and services
19		cannot be achieved satisfactorily. The placement of limited
20		English proficiency students with disabilities shall be in
21		non-restrictive environments which provide for integration
22		with non-disabled peers who do not have disabilities in
23		bilingual classrooms. Annually, each January, school districts
24		shall report data on students from non-English speaking
25		backgrounds receiving special education and related services
26		in public and private facilities as prescribed in Section

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1		2-3.30. If there is a disagreement between parties involved
2		regarding the special education placement of any child, either
3		in-state or out-of-state, the placement is subject to impartial
4		due process procedures described in Article 10 of the Rules and
5		Regulations to Govern the Administration and Operation of
6		Special Education.
7		(e) No child who comes from a home in which a language
8		other than English is the principal language used may be
9		assigned to any class or program under this Article until he
10		has been given, in the principal language used by the child and
11		used in his home, tests reasonably related to his cultural
12		environment. All testing and evaluation materials and
13		procedures utilized for evaluation and placement shall not be
14		linguistically, racially or culturally discriminatory.
15		(f) Nothing in this Article shall be construed to require
16		any child to undergo any physical examination or medical
17		treatment whose parents object thereto on the grounds that such
18		examination or treatment conflicts with his religious beliefs.
19		(g) School boards or their designee shall provide to the
20		parents of a child prior written notice of any decision (a)
21		proposing to initiate or change, or (b) refusing to initiate or
22		change, the identification, evaluation, or educational
23		placement of the child or the provision of a free appropriate
24		public education to their child, and the reasons therefor. Such
25		written notification shall also inform the parent of the
26		opportunity to present complaints with respect to any matter

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1		relating to the educational placement of the student, or the
2		provision of a free appropriate public education and to have an
3		impartial due process hearing on the complaint. The notice
4		shall inform the parents in the parents' native language,
5		unless it is clearly not feasible to do so, of their rights and
6		all procedures available pursuant to this Act and the federal
7		Individuals with Disabilities Education Improvement Act of
8		2004 (Public Law 108-446); it shall be the responsibility of
9		the State Superintendent to develop uniform notices setting
10		forth the procedures available under this Act and the federal
11		Individuals with Disabilities Education Improvement Act of
12		2004 (Public Law 108-446) to be used by all school boards. The
13		notice shall also inform the parents of the availability upon
14		request of a list of free or low-cost legal and other relevant
15		services available locally to assist parents in initiating an
16		impartial due process hearing. Any parent who is deaf, or does
17		not normally communicate using spoken English, who
18		participates in a meeting with a representative of a local
19		educational agency for the purposes of developing an
20		individualized educational program shall be entitled to the
21		services of an interpreter.
22		(g-5) For purposes of this subsection (g-5), "qualified
23		professional" means an individual who holds credentials to
24		evaluate the child in the domain or domains for which an
25		evaluation is sought or an intern working under the direct
26		supervision of a qualified professional, including a master's

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1		or doctoral degree candidate.
2		To ensure that a parent can participate fully and
3		effectively with school personnel in the development of
4		appropriate educational and related services for his or her
5		child, the parent, an independent educational evaluator, or a
6		qualified professional retained by or on behalf of a parent or
7		child must be afforded reasonable access to educational
8		facilities, personnel, classrooms, and buildings and to the
9		child as provided in this subsection (g-5). The requirements of
10		this subsection (g-5) apply to any public school facility,
11		building, or program and to any facility, building, or program
12		supported in whole or in part by public funds. Prior to
13		visiting a school, school building, or school facility, the
14		parent, independent educational evaluator, or qualified
15		professional may be required by the school district to inform
16		the building principal or supervisor in writing of the proposed
17		visit, the purpose of the visit, and the approximate duration
18		of the visit. The visitor and the school district shall arrange
19		the visit or visits at times that are mutually agreeable.
20		Visitors shall comply with school safety, security, and
21		visitation policies at all times. School district visitation
22		policies must not conflict with this subsection (g-5). Visitors
23		shall be required to comply with the requirements of applicable
24		privacy laws, including those laws protecting the
25		confidentiality of education records such as the federal Family
26		Educational Rights and Privacy Act and the Illinois School

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1		Student Records Act. The visitor shall not disrupt the
2		educational process.
3		(1) A parent must be afforded reasonable access of
4		sufficient duration and scope for the purpose of observing
5		his or her child in the child's current educational
6		placement, services, or program or for the purpose of
7		visiting an educational placement or program proposed for
8		the child.
9		(2) An independent educational evaluator or a
10		qualified professional retained by or on behalf of a parent
11		or child must be afforded reasonable access of sufficient
12		duration and scope for the purpose of conducting an
13		evaluation of the child, the child's performance, the
14		child's current educational program, placement, services,
15		or environment, or any educational program, placement,
16		services, or environment proposed for the child, including
17		interviews of educational personnel, child observations,
18		assessments, tests or assessments of the child's
19		educational program, services, or placement or of any
20		proposed educational program, services, or placement. If
21		one or more interviews of school personnel are part of the
22		evaluation, the interviews must be conducted at a mutually
23		agreed upon time, date, and place that do not interfere
24		with the school employee's school duties. The school
25		district may limit interviews to personnel having
26		information relevant to the child's current educational

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1		services, program, or placement or to a proposed
2		educational service, program, or placement.
3		(h) (Blank).
4		(i) (Blank).
5		(j) (Blank).
6		(k) (Blank).
7		(l) (Blank).
8		(m) (Blank).
9		(n) (Blank).
10		(o) (Blank).
11		(Source: P.A. 98-219, eff. 8-9-13.)
12		(105 ILCS 5/14-8.04) (from Ch. 122, par. 14-8.04)
13		Sec. 14-8.04. Supported employment. The school board that
14		is the governing body of any secondary school in this State
15		that provides special education services and facilities for
16		children with disabilities shall include, as part of preparing
17		the transition planning for children with disabilities
18		disabled children who are 16 years of age or more,
19		consideration of a supported employment component with
20		experiences in integrated community settings for those
21		eligible children with disabilities who have been determined at
22		an IEP meeting to be in need of participation in the supported
23		employment services offered pursuant to this Section.
24		Supported employment services made available as part of
25		transition planning under this Section shall be designed and

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1		developed for school boards by the State Board of Education, in
2		consultation with programs such as Project CHOICES (Children
3		Have Opportunities In Integrated Community Environments),
4		parents and advocates of children with disabilities, and the
5		Departments of Central Management Services and Human Services.
6		(Source: P.A. 98-44, eff. 6-28-13.)
7		(105 ILCS 5/14-11.01) (from Ch. 122, par. 14-11.01)
8		Sec. 14-11.01. Educational materials coordinating unit.
9		The State Board of Education shall maintain or contract for an
10		educational materials coordinating unit for children with
11		disabilities to provide:
12		(1) Staff and resources for the coordination, cataloging,
13		standardizing, production, procurement, storage, and
14		distribution of educational materials needed by children with
15		visual disabilities visually disabled children and adults with
16		disabilities.
17		(2) Staff and resources of an instructional materials
18		center to include library, audio-visual, programmed, and other
19		types of instructional materials peculiarly adapted to the
20		instruction of pupils with disabilities.
21		The educational materials coordinating unit shall have as
22		its major purpose the improvement of instructional programs for
23		children with disabilities and the in-service training of all
24		professional personnel associated with programs of special
25		education and to these ends is authorized to operate under

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1		rules and regulations of the State Board of Education with the
2		advice of the Advisory Council.
3		(Source: P.A. 89-397, eff. 8-20-95.)
4		(105 ILCS 5/17-2.11) (from Ch. 122, par. 17-2.11)
5		Sec. 17-2.11. School board power to levy a tax or to borrow
6		money and issue bonds for fire prevention, safety, energy
7		conservation, disabled accessibility, school security, and
8		specified repair purposes.
9		(a) Whenever, as a result of any lawful order of any
10		agency, other than a school board, having authority to enforce
11		any school building code applicable to any facility that houses
12		students, or any law or regulation for the protection and
13		safety of the environment, pursuant to the Environmental
14		Protection Act, any school district having a population of less
15		than 500,000 inhabitants is required to alter or reconstruct
16		any school building or permanent, fixed equipment; the district
17		may, by proper resolution, levy a tax for the purpose of making
18		such alteration or reconstruction, based on a survey report by
19		an architect or engineer licensed in this State, upon all of
20		the taxable property of the district at the value as assessed
21		by the Department of Revenue and at a rate not to exceed 0.05%
22		per year for a period sufficient to finance such alteration or
23		reconstruction, upon the following conditions:
24		(1) When there are not sufficient funds available in
25		the operations and maintenance fund of the school district,

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1		the school facility occupation tax fund of the district, or
2		the fire prevention and safety fund of the district, as
3		determined by the district on the basis of rules adopted by
4		the State Board of Education, to make such alteration or
5		reconstruction or to purchase and install such permanent,
6		fixed equipment so ordered or determined as necessary.
7		Appropriate school district records must be made available
8		to the State Superintendent of Education, upon request, to
9		confirm this insufficiency.
10		(2) When a certified estimate of an architect or
11		engineer licensed in this State stating the estimated
12		amount necessary to make the alteration or reconstruction
13		or to purchase and install the equipment so ordered has
14		been secured by the school district, and the estimate has
15		been approved by the regional superintendent of schools
16		having jurisdiction over the district and the State
17		Superintendent of Education. Approval must not be granted
18		for any work that has already started without the prior
19		express authorization of the State Superintendent of
20		Education. If the estimate is not approved or is denied
21		approval by the regional superintendent of schools within 3
22		months after the date on which it is submitted to him or
23		her, the school board of the district may submit the
24		estimate directly to the State Superintendent of Education
25		for approval or denial.
26		In the case of an emergency situation, where the estimated

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1		cost to effectuate emergency repairs is less than the amount
2		specified in Section 10-20.21 of this Code, the school district
3		may proceed with such repairs prior to approval by the State
4		Superintendent of Education, but shall comply with the
5		provisions of subdivision (2) of this subsection (a) as soon
6		thereafter as may be as well as Section 10-20.21 of this Code.
7		If the estimated cost to effectuate emergency repairs is
8		greater than the amount specified in Section 10-20.21 of this
9		Code, then the school district shall proceed in conformity with
10		Section 10-20.21 of this Code and with rules established by the
11		State Board of Education to address such situations. The rules
12		adopted by the State Board of Education to deal with these
13		situations shall stipulate that emergency situations must be
14		expedited and given priority consideration. For purposes of
15		this paragraph, an emergency is a situation that presents an
16		imminent and continuing threat to the health and safety of
17		students or other occupants of a facility, requires complete or
18		partial evacuation of a building or part of a building, or
19		consumes one or more of the 5 emergency days built into the
20		adopted calendar of the school or schools or would otherwise be
21		expected to cause such school or schools to fall short of the
22		minimum school calendar requirements.
23		(b) Whenever any such district determines that it is
24		necessary for energy conservation purposes that any school
25		building or permanent, fixed equipment should be altered or
26		reconstructed and that such alterations or reconstruction will

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1		be made with funds not necessary for the completion of approved
2		and recommended projects contained in any safety survey report
3		or amendments thereto authorized by Section 2-3.12 of this Act;
4		the district may levy a tax or issue bonds as provided in
5		subsection (a) of this Section.
6		(c) Whenever any such district determines that it is
7		necessary for disabled accessibility purposes and to comply
8		with the school building code that any school building or
9		equipment should be altered or reconstructed and that such
10		alterations or reconstruction will be made with funds not
11		necessary for the completion of approved and recommended
12		projects contained in any safety survey report or amendments
13		thereto authorized under Section 2-3.12 of this Act, the
14		district may levy a tax or issue bonds as provided in
15		subsection (a) of this Section.
16		(d) Whenever any such district determines that it is
17		necessary for school security purposes and the related
18		protection and safety of pupils and school personnel that any
19		school building or property should be altered or reconstructed
20		or that security systems and equipment (including but not
21		limited to intercom, early detection and warning, access
22		control and television monitoring systems) should be purchased
23		and installed, and that such alterations, reconstruction or
24		purchase and installation of equipment will be made with funds
25		not necessary for the completion of approved and recommended
26		projects contained in any safety survey report or amendment

HB4049 Engrossed - 768 - LRB099 03667 KTG 23678 b
1		thereto authorized by Section 2-3.12 of this Act and will deter
2		and prevent unauthorized entry or activities upon school
3		property by unknown or dangerous persons, assure early
4		detection and advance warning of any such actual or attempted
5		unauthorized entry or activities and help assure the continued
6		safety of pupils and school staff if any such unauthorized
7		entry or activity is attempted or occurs; the district may levy
8		a tax or issue bonds as provided in subsection (a) of this
9		Section.
10		(e) If a school district does not need funds for other fire
11		prevention and safety projects, including the completion of
12		approved and recommended projects contained in any safety
13		survey report or amendments thereto authorized by Section
14		2-3.12 of this Act, and it is determined after a public hearing
15		(which is preceded by at least one published notice (i)
16		occurring at least 7 days prior to the hearing in a newspaper
17		of general circulation within the school district and (ii)
18		setting forth the time, date, place, and general subject matter
19		of the hearing) that there is a substantial, immediate, and
20		otherwise unavoidable threat to the health, safety, or welfare
21		of pupils due to disrepair of school sidewalks, playgrounds,
22		parking lots, or school bus turnarounds and repairs must be
23		made; then the district may levy a tax or issue bonds as
24		provided in subsection (a) of this Section.
25		(f) For purposes of this Section a school district may
26		replace a school building or build additions to replace

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1		portions of a building when it is determined that the
2		effectuation of the recommendations for the existing building
3		will cost more than the replacement costs. Such determination
4		shall be based on a comparison of estimated costs made by an
5		architect or engineer licensed in the State of Illinois. The
6		new building or addition shall be equivalent in area (square
7		feet) and comparable in purpose and grades served and may be on
8		the same site or another site. Such replacement may only be
9		done upon order of the regional superintendent of schools and
10		the approval of the State Superintendent of Education.
11		(g) The filing of a certified copy of the resolution
12		levying the tax when accompanied by the certificates of the
13		regional superintendent of schools and State Superintendent of
14		Education shall be the authority of the county clerk to extend
15		such tax.
16		(h) The county clerk of the county in which any school
17		district levying a tax under the authority of this Section is
18		located, in reducing raised levies, shall not consider any such
19		tax as a part of the general levy for school purposes and shall
20		not include the same in the limitation of any other tax rate
21		which may be extended.
22		Such tax shall be levied and collected in like manner as
23		all other taxes of school districts, subject to the provisions
24		contained in this Section.
25		(i) The tax rate limit specified in this Section may be
26		increased to .10% upon the approval of a proposition to effect

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1		such increase by a majority of the electors voting on that
2		proposition at a regular scheduled election. Such proposition
3		may be initiated by resolution of the school board and shall be
4		certified by the secretary to the proper election authorities
5		for submission in accordance with the general election law.
6		(j) When taxes are levied by any school district for fire
7		prevention, safety, energy conservation, and school security
8		purposes as specified in this Section, and the purposes for
9		which the taxes have been levied are accomplished and paid in
10		full, and there remain funds on hand in the Fire Prevention and
11		Safety Fund from the proceeds of the taxes levied, including
12		interest earnings thereon, the school board by resolution shall
13		use such excess and other board restricted funds, excluding
14		bond proceeds and earnings from such proceeds, as follows:
15		(1) for other authorized fire prevention, safety,
16		energy conservation, and school security purposes and for
17		required safety inspections; or
18		(2) for transfer to the Operations and Maintenance Fund
19		for the purpose of abating an equal amount of operations
20		and maintenance purposes taxes.
21		Notwithstanding subdivision (2) of this subsection (j) and
22		subsection (k) of this Section, through June 30, 2016, the
23		school board may, by proper resolution following a public
24		hearing set by the school board or the president of the school
25		board (that is preceded (i) by at least one published notice
26		over the name of the clerk or secretary of the board, occurring

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1		at least 7 days and not more than 30 days prior to the hearing,
2		in a newspaper of general circulation within the school
3		district and (ii) by posted notice over the name of the clerk
4		or secretary of the board, at least 48 hours before the
5		hearing, at the principal office of the school board or at the
6		building where the hearing is to be held if a principal office
7		does not exist, with both notices setting forth the time, date,
8		place, and subject matter of the hearing), transfer surplus
9		life safety taxes and interest earnings thereon to the
10		Operations and Maintenance Fund for building repair work.
11		(k) If any transfer is made to the Operation and
12		Maintenance Fund, the secretary of the school board shall
13		within 30 days notify the county clerk of the amount of that
14		transfer and direct the clerk to abate the taxes to be extended
15		for the purposes of operations and maintenance authorized under
16		Section 17-2 of this Act by an amount equal to such transfer.
17		(l) If the proceeds from the tax levy authorized by this
18		Section are insufficient to complete the work approved under
19		this Section, the school board is authorized to sell bonds
20		without referendum under the provisions of this Section in an
21		amount that, when added to the proceeds of the tax levy
22		authorized by this Section, will allow completion of the
23		approved work.
24		(m) Any bonds issued pursuant to this Section shall bear
25		interest at a rate not to exceed the maximum rate authorized by
26		law at the time of the making of the contract, shall mature

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1		within 20 years from date, and shall be signed by the president
2		of the school board and the treasurer of the school district.
3		(n) In order to authorize and issue such bonds, the school
4		board shall adopt a resolution fixing the amount of bonds, the
5		date thereof, the maturities thereof, rates of interest
6		thereof, place of payment and denomination, which shall be in
7		denominations of not less than $100 and not more than $5,000,
8		and provide for the levy and collection of a direct annual tax
9		upon all the taxable property in the school district sufficient
10		to pay the principal and interest on such bonds to maturity.
11		Upon the filing in the office of the county clerk of the county
12		in which the school district is located of a certified copy of
13		the resolution, it is the duty of the county clerk to extend
14		the tax therefor in addition to and in excess of all other
15		taxes heretofore or hereafter authorized to be levied by such
16		school district.
17		(o) After the time such bonds are issued as provided for by
18		this Section, if additional alterations or reconstructions are
19		required to be made because of surveys conducted by an
20		architect or engineer licensed in the State of Illinois, the
21		district may levy a tax at a rate not to exceed .05% per year
22		upon all the taxable property of the district or issue
23		additional bonds, whichever action shall be the most feasible.
24		(p) This Section is cumulative and constitutes complete
25		authority for the issuance of bonds as provided in this Section
26		notwithstanding any other statute or law to the contrary.

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1		(q) With respect to instruments for the payment of money
2		issued under this Section either before, on, or after the
3		effective date of Public Act 86-004 (June 6, 1989), it is, and
4		always has been, the intention of the General Assembly (i) that
5		the Omnibus Bond Acts are, and always have been, supplementary
6		grants of power to issue instruments in accordance with the
7		Omnibus Bond Acts, regardless of any provision of this Act that
8		may appear to be or to have been more restrictive than those
9		Acts, (ii) that the provisions of this Section are not a
10		limitation on the supplementary authority granted by the
11		Omnibus Bond Acts, and (iii) that instruments issued under this
12		Section within the supplementary authority granted by the
13		Omnibus Bond Acts are not invalid because of any provision of
14		this Act that may appear to be or to have been more restrictive
15		than those Acts.
16		(r) When the purposes for which the bonds are issued have
17		been accomplished and paid for in full and there remain funds
18		on hand from the proceeds of the bond sale and interest
19		earnings therefrom, the board shall, by resolution, use such
20		excess funds in accordance with the provisions of Section
21		10-22.14 of this Act.
22		(s) Whenever any tax is levied or bonds issued for fire
23		prevention, safety, energy conservation, and school security
24		purposes, such proceeds shall be deposited and accounted for
25		separately within the Fire Prevention and Safety Fund.
26		(Source: P.A. 98-26, eff. 6-21-13; 98-1066, eff. 8-26-14.)

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1		(105 ILCS 5/19-1)
2		Sec. 19-1. Debt limitations of school districts.
3		(a) School districts shall not be subject to the provisions
4		limiting their indebtedness prescribed in "An Act to limit the
5		indebtedness of counties having a population of less than
6		500,000 and townships, school districts and other municipal
7		corporations having a population of less than 300,000",
8		approved February 15, 1928, as amended.
9		No school districts maintaining grades K through 8 or 9
10		through 12 shall become indebted in any manner or for any
11		purpose to an amount, including existing indebtedness, in the
12		aggregate exceeding 6.9% on the value of the taxable property
13		therein to be ascertained by the last assessment for State and
14		county taxes or, until January 1, 1983, if greater, the sum
15		that is produced by multiplying the school district's 1978
16		equalized assessed valuation by the debt limitation percentage
17		in effect on January 1, 1979, previous to the incurring of such
18		indebtedness.
19		No school districts maintaining grades K through 12 shall
20		become indebted in any manner or for any purpose to an amount,
21		including existing indebtedness, in the aggregate exceeding
22		13.8% on the value of the taxable property therein to be
23		ascertained by the last assessment for State and county taxes
24		or, until January 1, 1983, if greater, the sum that is produced
25		by multiplying the school district's 1978 equalized assessed

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1		valuation by the debt limitation percentage in effect on
2		January 1, 1979, previous to the incurring of such
3		indebtedness.
4		No partial elementary unit district, as defined in Article
5		11E of this Code, shall become indebted in any manner or for
6		any purpose in an amount, including existing indebtedness, in
7		the aggregate exceeding 6.9% of the value of the taxable
8		property of the entire district, to be ascertained by the last
9		assessment for State and county taxes, plus an amount,
10		including existing indebtedness, in the aggregate exceeding
11		6.9% of the value of the taxable property of that portion of
12		the district included in the elementary and high school
13		classification, to be ascertained by the last assessment for
14		State and county taxes. Moreover, no partial elementary unit
15		district, as defined in Article 11E of this Code, shall become
16		indebted on account of bonds issued by the district for high
17		school purposes in the aggregate exceeding 6.9% of the value of
18		the taxable property of the entire district, to be ascertained
19		by the last assessment for State and county taxes, nor shall
20		the district become indebted on account of bonds issued by the
21		district for elementary purposes in the aggregate exceeding
22		6.9% of the value of the taxable property for that portion of
23		the district included in the elementary and high school
24		classification, to be ascertained by the last assessment for
25		State and county taxes.
26		Notwithstanding the provisions of any other law to the

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1		contrary, in any case in which the voters of a school district
2		have approved a proposition for the issuance of bonds of such
3		school district at an election held prior to January 1, 1979,
4		and all of the bonds approved at such election have not been
5		issued, the debt limitation applicable to such school district
6		during the calendar year 1979 shall be computed by multiplying
7		the value of taxable property therein, including personal
8		property, as ascertained by the last assessment for State and
9		county taxes, previous to the incurring of such indebtedness,
10		by the percentage limitation applicable to such school district
11		under the provisions of this subsection (a).
12		(b) Notwithstanding the debt limitation prescribed in
13		subsection (a) of this Section, additional indebtedness may be
14		incurred in an amount not to exceed the estimated cost of
15		acquiring or improving school sites or constructing and
16		equipping additional building facilities under the following
17		conditions:
18		(1) Whenever the enrollment of students for the next
19		school year is estimated by the board of education to
20		increase over the actual present enrollment by not less
21		than 35% or by not less than 200 students or the actual
22		present enrollment of students has increased over the
23		previous school year by not less than 35% or by not less
24		than 200 students and the board of education determines
25		that additional school sites or building facilities are
26		required as a result of such increase in enrollment; and

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1		(2) When the Regional Superintendent of Schools having
2		jurisdiction over the school district and the State
3		Superintendent of Education concur in such enrollment
4		projection or increase and approve the need for such
5		additional school sites or building facilities and the
6		estimated cost thereof; and
7		(3) When the voters in the school district approve a
8		proposition for the issuance of bonds for the purpose of
9		acquiring or improving such needed school sites or
10		constructing and equipping such needed additional building
11		facilities at an election called and held for that purpose.
12		Notice of such an election shall state that the amount of
13		indebtedness proposed to be incurred would exceed the debt
14		limitation otherwise applicable to the school district.
15		The ballot for such proposition shall state what percentage
16		of the equalized assessed valuation will be outstanding in
17		bonds if the proposed issuance of bonds is approved by the
18		voters; or
19		(4) Notwithstanding the provisions of paragraphs (1)
20		through (3) of this subsection (b), if the school board
21		determines that additional facilities are needed to
22		provide a quality educational program and not less than 2/3
23		of those voting in an election called by the school board
24		on the question approve the issuance of bonds for the
25		construction of such facilities, the school district may
26		issue bonds for this purpose; or

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1		(5) Notwithstanding the provisions of paragraphs (1)
2		through (3) of this subsection (b), if (i) the school
3		district has previously availed itself of the provisions of
4		paragraph (4) of this subsection (b) to enable it to issue
5		bonds, (ii) the voters of the school district have not
6		defeated a proposition for the issuance of bonds since the
7		referendum described in paragraph (4) of this subsection
8		(b) was held, (iii) the school board determines that
9		additional facilities are needed to provide a quality
10		educational program, and (iv) a majority of those voting in
11		an election called by the school board on the question
12		approve the issuance of bonds for the construction of such
13		facilities, the school district may issue bonds for this
14		purpose.
15		In no event shall the indebtedness incurred pursuant to
16		this subsection (b) and the existing indebtedness of the school
17		district exceed 15% of the value of the taxable property
18		therein to be ascertained by the last assessment for State and
19		county taxes, previous to the incurring of such indebtedness
20		or, until January 1, 1983, if greater, the sum that is produced
21		by multiplying the school district's 1978 equalized assessed
22		valuation by the debt limitation percentage in effect on
23		January 1, 1979.
24		The indebtedness provided for by this subsection (b) shall
25		be in addition to and in excess of any other debt limitation.
26		(c) Notwithstanding the debt limitation prescribed in

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1		subsection (a) of this Section, in any case in which a public
2		question for the issuance of bonds of a proposed school
3		district maintaining grades kindergarten through 12 received
4		at least 60% of the valid ballots cast on the question at an
5		election held on or prior to November 8, 1994, and in which the
6		bonds approved at such election have not been issued, the
7		school district pursuant to the requirements of Section 11A-10
8		(now repealed) may issue the total amount of bonds approved at
9		such election for the purpose stated in the question.
10		(d) Notwithstanding the debt limitation prescribed in
11		subsection (a) of this Section, a school district that meets
12		all the criteria set forth in paragraphs (1) and (2) of this
13		subsection (d) may incur an additional indebtedness in an
14		amount not to exceed $4,500,000, even though the amount of the
15		additional indebtedness authorized by this subsection (d),
16		when incurred and added to the aggregate amount of indebtedness
17		of the district existing immediately prior to the district
18		incurring the additional indebtedness authorized by this
19		subsection (d), causes the aggregate indebtedness of the
20		district to exceed the debt limitation otherwise applicable to
21		that district under subsection (a):
22		(1) The additional indebtedness authorized by this
23		subsection (d) is incurred by the school district through
24		the issuance of bonds under and in accordance with Section
25		17-2.11a for the purpose of replacing a school building
26		which, because of mine subsidence damage, has been closed

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1		as provided in paragraph (2) of this subsection (d) or
2		through the issuance of bonds under and in accordance with
3		Section 19-3 for the purpose of increasing the size of, or
4		providing for additional functions in, such replacement
5		school buildings, or both such purposes.
6		(2) The bonds issued by the school district as provided
7		in paragraph (1) above are issued for the purposes of
8		construction by the school district of a new school
9		building pursuant to Section 17-2.11, to replace an
10		existing school building that, because of mine subsidence
11		damage, is closed as of the end of the 1992-93 school year
12		pursuant to action of the regional superintendent of
13		schools of the educational service region in which the
14		district is located under Section 3-14.22 or are issued for
15		the purpose of increasing the size of, or providing for
16		additional functions in, the new school building being
17		constructed to replace a school building closed as the
18		result of mine subsidence damage, or both such purposes.
19		(e) (Blank).
20		(f) Notwithstanding the provisions of subsection (a) of
21		this Section or of any other law, bonds in not to exceed the
22		aggregate amount of $5,500,000 and issued by a school district
23		meeting the following criteria shall not be considered
24		indebtedness for purposes of any statutory limitation and may
25		be issued in an amount or amounts, including existing
26		indebtedness, in excess of any heretofore or hereafter imposed

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1		statutory limitation as to indebtedness:
2		(1) At the time of the sale of such bonds, the board of
3		education of the district shall have determined by
4		resolution that the enrollment of students in the district
5		is projected to increase by not less than 7% during each of
6		the next succeeding 2 school years.
7		(2) The board of education shall also determine by
8		resolution that the improvements to be financed with the
9		proceeds of the bonds are needed because of the projected
10		enrollment increases.
11		(3) The board of education shall also determine by
12		resolution that the projected increases in enrollment are
13		the result of improvements made or expected to be made to
14		passenger rail facilities located in the school district.
15		Notwithstanding the provisions of subsection (a) of this
16		Section or of any other law, a school district that has availed
17		itself of the provisions of this subsection (f) prior to July
18		22, 2004 (the effective date of Public Act 93-799) may also
19		issue bonds approved by referendum up to an amount, including
20		existing indebtedness, not exceeding 25% of the equalized
21		assessed value of the taxable property in the district if all
22		of the conditions set forth in items (1), (2), and (3) of this
23		subsection (f) are met.
24		(g) Notwithstanding the provisions of subsection (a) of
25		this Section or any other law, bonds in not to exceed an
26		aggregate amount of 25% of the equalized assessed value of the

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1		taxable property of a school district and issued by a school
2		district meeting the criteria in paragraphs (i) through (iv) of
3		this subsection shall not be considered indebtedness for
4		purposes of any statutory limitation and may be issued pursuant
5		to resolution of the school board in an amount or amounts,
6		including existing indebtedness, in excess of any statutory
7		limitation of indebtedness heretofore or hereafter imposed:
8		(i) The bonds are issued for the purpose of
9		constructing a new high school building to replace two
10		adjacent existing buildings which together house a single
11		high school, each of which is more than 65 years old, and
12		which together are located on more than 10 acres and less
13		than 11 acres of property.
14		(ii) At the time the resolution authorizing the
15		issuance of the bonds is adopted, the cost of constructing
16		a new school building to replace the existing school
17		building is less than 60% of the cost of repairing the
18		existing school building.
19		(iii) The sale of the bonds occurs before July 1, 1997.
20		(iv) The school district issuing the bonds is a unit
21		school district located in a county of less than 70,000 and
22		more than 50,000 inhabitants, which has an average daily
23		attendance of less than 1,500 and an equalized assessed
24		valuation of less than $29,000,000.
25		(h) Notwithstanding any other provisions of this Section or
26		the provisions of any other law, until January 1, 1998, a

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1		community unit school district maintaining grades K through 12
2		may issue bonds up to an amount, including existing
3		indebtedness, not exceeding 27.6% of the equalized assessed
4		value of the taxable property in the district, if all of the
5		following conditions are met:
6		(i) The school district has an equalized assessed
7		valuation for calendar year 1995 of less than $24,000,000;
8		(ii) The bonds are issued for the capital improvement,
9		renovation, rehabilitation, or replacement of existing
10		school buildings of the district, all of which buildings
11		were originally constructed not less than 40 years ago;
12		(iii) The voters of the district approve a proposition
13		for the issuance of the bonds at a referendum held after
14		March 19, 1996; and
15		(iv) The bonds are issued pursuant to Sections 19-2
16		through 19-7 of this Code.
17		(i) Notwithstanding any other provisions of this Section or
18		the provisions of any other law, until January 1, 1998, a
19		community unit school district maintaining grades K through 12
20		may issue bonds up to an amount, including existing
21		indebtedness, not exceeding 27% of the equalized assessed value
22		of the taxable property in the district, if all of the
23		following conditions are met:
24		(i) The school district has an equalized assessed
25		valuation for calendar year 1995 of less than $44,600,000;
26		(ii) The bonds are issued for the capital improvement,

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1		renovation, rehabilitation, or replacement of existing
2		school buildings of the district, all of which existing
3		buildings were originally constructed not less than 80
4		years ago;
5		(iii) The voters of the district approve a proposition
6		for the issuance of the bonds at a referendum held after
7		December 31, 1996; and
8		(iv) The bonds are issued pursuant to Sections 19-2
9		through 19-7 of this Code.
10		(j) Notwithstanding any other provisions of this Section or
11		the provisions of any other law, until January 1, 1999, a
12		community unit school district maintaining grades K through 12
13		may issue bonds up to an amount, including existing
14		indebtedness, not exceeding 27% of the equalized assessed value
15		of the taxable property in the district if all of the following
16		conditions are met:
17		(i) The school district has an equalized assessed
18		valuation for calendar year 1995 of less than $140,000,000
19		and a best 3 months average daily attendance for the
20		1995-96 school year of at least 2,800;
21		(ii) The bonds are issued to purchase a site and build
22		and equip a new high school, and the school district's
23		existing high school was originally constructed not less
24		than 35 years prior to the sale of the bonds;
25		(iii) At the time of the sale of the bonds, the board
26		of education determines by resolution that a new high

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1		school is needed because of projected enrollment
2		increases;
3		(iv) At least 60% of those voting in an election held
4		after December 31, 1996 approve a proposition for the
5		issuance of the bonds; and
6		(v) The bonds are issued pursuant to Sections 19-2
7		through 19-7 of this Code.
8		(k) Notwithstanding the debt limitation prescribed in
9		subsection (a) of this Section, a school district that meets
10		all the criteria set forth in paragraphs (1) through (4) of
11		this subsection (k) may issue bonds to incur an additional
12		indebtedness in an amount not to exceed $4,000,000 even though
13		the amount of the additional indebtedness authorized by this
14		subsection (k), when incurred and added to the aggregate amount
15		of indebtedness of the school district existing immediately
16		prior to the school district incurring such additional
17		indebtedness, causes the aggregate indebtedness of the school
18		district to exceed or increases the amount by which the
19		aggregate indebtedness of the district already exceeds the debt
20		limitation otherwise applicable to that school district under
21		subsection (a):
22		(1) the school district is located in 2 counties, and a
23		referendum to authorize the additional indebtedness was
24		approved by a majority of the voters of the school district
25		voting on the proposition to authorize that indebtedness;
26		(2) the additional indebtedness is for the purpose of

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1		financing a multi-purpose room addition to the existing
2		high school;
3		(3) the additional indebtedness, together with the
4		existing indebtedness of the school district, shall not
5		exceed 17.4% of the value of the taxable property in the
6		school district, to be ascertained by the last assessment
7		for State and county taxes; and
8		(4) the bonds evidencing the additional indebtedness
9		are issued, if at all, within 120 days of the effective
10		date of this amendatory Act of 1998.
11		(l) Notwithstanding any other provisions of this Section or
12		the provisions of any other law, until January 1, 2000, a
13		school district maintaining grades kindergarten through 8 may
14		issue bonds up to an amount, including existing indebtedness,
15		not exceeding 15% of the equalized assessed value of the
16		taxable property in the district if all of the following
17		conditions are met:
18		(i) the district has an equalized assessed valuation
19		for calendar year 1996 of less than $10,000,000;
20		(ii) the bonds are issued for capital improvement,
21		renovation, rehabilitation, or replacement of one or more
22		school buildings of the district, which buildings were
23		originally constructed not less than 70 years ago;
24		(iii) the voters of the district approve a proposition
25		for the issuance of the bonds at a referendum held on or
26		after March 17, 1998; and

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1		(iv) the bonds are issued pursuant to Sections 19-2
2		through 19-7 of this Code.
3		(m) Notwithstanding any other provisions of this Section or
4		the provisions of any other law, until January 1, 1999, an
5		elementary school district maintaining grades K through 8 may
6		issue bonds up to an amount, excluding existing indebtedness,
7		not exceeding 18% of the equalized assessed value of the
8		taxable property in the district, if all of the following
9		conditions are met:
10		(i) The school district has an equalized assessed
11		valuation for calendar year 1995 or less than $7,700,000;
12		(ii) The school district operates 2 elementary
13		attendance centers that until 1976 were operated as the
14		attendance centers of 2 separate and distinct school
15		districts;
16		(iii) The bonds are issued for the construction of a
17		new elementary school building to replace an existing
18		multi-level elementary school building of the school
19		district that is not handicapped accessible at all levels
20		and parts of which were constructed more than 75 years ago;
21		(iv) The voters of the school district approve a
22		proposition for the issuance of the bonds at a referendum
23		held after July 1, 1998; and
24		(v) The bonds are issued pursuant to Sections 19-2
25		through 19-7 of this Code.
26		(n) Notwithstanding the debt limitation prescribed in

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1		subsection (a) of this Section or any other provisions of this
2		Section or of any other law, a school district that meets all
3		of the criteria set forth in paragraphs (i) through (vi) of
4		this subsection (n) may incur additional indebtedness by the
5		issuance of bonds in an amount not exceeding the amount
6		certified by the Capital Development Board to the school
7		district as provided in paragraph (iii) of this subsection (n),
8		even though the amount of the additional indebtedness so
9		authorized, when incurred and added to the aggregate amount of
10		indebtedness of the district existing immediately prior to the
11		district incurring the additional indebtedness authorized by
12		this subsection (n), causes the aggregate indebtedness of the
13		district to exceed the debt limitation otherwise applicable by
14		law to that district:
15		(i) The school district applies to the State Board of
16		Education for a school construction project grant and
17		submits a district facilities plan in support of its
18		application pursuant to Section 5-20 of the School
19		Construction Law.
20		(ii) The school district's application and facilities
21		plan are approved by, and the district receives a grant
22		entitlement for a school construction project issued by,
23		the State Board of Education under the School Construction
24		Law.
25		(iii) The school district has exhausted its bonding
26		capacity or the unused bonding capacity of the district is

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1		less than the amount certified by the Capital Development
2		Board to the district under Section 5-15 of the School
3		Construction Law as the dollar amount of the school
4		construction project's cost that the district will be
5		required to finance with non-grant funds in order to
6		receive a school construction project grant under the
7		School Construction Law.
8		(iv) The bonds are issued for a "school construction
9		project", as that term is defined in Section 5-5 of the
10		School Construction Law, in an amount that does not exceed
11		the dollar amount certified, as provided in paragraph (iii)
12		of this subsection (n), by the Capital Development Board to
13		the school district under Section 5-15 of the School
14		Construction Law.
15		(v) The voters of the district approve a proposition
16		for the issuance of the bonds at a referendum held after
17		the criteria specified in paragraphs (i) and (iii) of this
18		subsection (n) are met.
19		(vi) The bonds are issued pursuant to Sections 19-2
20		through 19-7 of the School Code.
21		(o) Notwithstanding any other provisions of this Section or
22		the provisions of any other law, until November 1, 2007, a
23		community unit school district maintaining grades K through 12
24		may issue bonds up to an amount, including existing
25		indebtedness, not exceeding 20% of the equalized assessed value
26		of the taxable property in the district if all of the following

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1		conditions are met:
2		(i) the school district has an equalized assessed
3		valuation for calendar year 2001 of at least $737,000,000
4		and an enrollment for the 2002-2003 school year of at least
5		8,500;
6		(ii) the bonds are issued to purchase school sites,
7		build and equip a new high school, build and equip a new
8		junior high school, build and equip 5 new elementary
9		schools, and make technology and other improvements and
10		additions to existing schools;
11		(iii) at the time of the sale of the bonds, the board
12		of education determines by resolution that the sites and
13		new or improved facilities are needed because of projected
14		enrollment increases;
15		(iv) at least 57% of those voting in a general election
16		held prior to January 1, 2003 approved a proposition for
17		the issuance of the bonds; and
18		(v) the bonds are issued pursuant to Sections 19-2
19		through 19-7 of this Code.
20		(p) Notwithstanding any other provisions of this Section or
21		the provisions of any other law, a community unit school
22		district maintaining grades K through 12 may issue bonds up to
23		an amount, including indebtedness, not exceeding 27% of the
24		equalized assessed value of the taxable property in the
25		district if all of the following conditions are met:
26		(i) The school district has an equalized assessed

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1		valuation for calendar year 2001 of at least $295,741,187
2		and a best 3 months' average daily attendance for the
3		2002-2003 school year of at least 2,394.
4		(ii) The bonds are issued to build and equip 3
5		elementary school buildings; build and equip one middle
6		school building; and alter, repair, improve, and equip all
7		existing school buildings in the district.
8		(iii) At the time of the sale of the bonds, the board
9		of education determines by resolution that the project is
10		needed because of expanding growth in the school district
11		and a projected enrollment increase.
12		(iv) The bonds are issued pursuant to Sections 19-2
13		through 19-7 of this Code.
14		(p-5) Notwithstanding any other provisions of this Section
15		or the provisions of any other law, bonds issued by a community
16		unit school district maintaining grades K through 12 shall not
17		be considered indebtedness for purposes of any statutory
18		limitation and may be issued in an amount or amounts, including
19		existing indebtedness, in excess of any heretofore or hereafter
20		imposed statutory limitation as to indebtedness, if all of the
21		following conditions are met:
22		(i) For each of the 4 most recent years, residential
23		property comprises more than 80% of the equalized assessed
24		valuation of the district.
25		(ii) At least 2 school buildings that were constructed
26		40 or more years prior to the issuance of the bonds will be

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1		demolished and will be replaced by new buildings or
2		additions to one or more existing buildings.
3		(iii) Voters of the district approve a proposition for
4		the issuance of the bonds at a regularly scheduled
5		election.
6		(iv) At the time of the sale of the bonds, the school
7		board determines by resolution that the new buildings or
8		building additions are needed because of an increase in
9		enrollment projected by the school board.
10		(v) The principal amount of the bonds, including
11		existing indebtedness, does not exceed 25% of the equalized
12		assessed value of the taxable property in the district.
13		(vi) The bonds are issued prior to January 1, 2007,
14		pursuant to Sections 19-2 through 19-7 of this Code.
15		(p-10) Notwithstanding any other provisions of this
16		Section or the provisions of any other law, bonds issued by a
17		community consolidated school district maintaining grades K
18		through 8 shall not be considered indebtedness for purposes of
19		any statutory limitation and may be issued in an amount or
20		amounts, including existing indebtedness, in excess of any
21		heretofore or hereafter imposed statutory limitation as to
22		indebtedness, if all of the following conditions are met:
23		(i) For each of the 4 most recent years, residential
24		and farm property comprises more than 80% of the equalized
25		assessed valuation of the district.
26		(ii) The bond proceeds are to be used to acquire and

HB4049 Engrossed - 793 - LRB099 03667 KTG 23678 b
1		improve school sites and build and equip a school building.
2		(iii) Voters of the district approve a proposition for
3		the issuance of the bonds at a regularly scheduled
4		election.
5		(iv) At the time of the sale of the bonds, the school
6		board determines by resolution that the school sites and
7		building additions are needed because of an increase in
8		enrollment projected by the school board.
9		(v) The principal amount of the bonds, including
10		existing indebtedness, does not exceed 20% of the equalized
11		assessed value of the taxable property in the district.
12		(vi) The bonds are issued prior to January 1, 2007,
13		pursuant to Sections 19-2 through 19-7 of this Code.
14		(p-15) In addition to all other authority to issue bonds,
15		the Oswego Community Unit School District Number 308 may issue
16		bonds with an aggregate principal amount not to exceed
17		$450,000,000, but only if all of the following conditions are
18		met:
19		(i) The voters of the district have approved a
20		proposition for the bond issue at the general election held
21		on November 7, 2006.
22		(ii) At the time of the sale of the bonds, the school
23		board determines, by resolution, that: (A) the building and
24		equipping of the new high school building, new junior high
25		school buildings, new elementary school buildings, early
26		childhood building, maintenance building, transportation

HB4049 Engrossed - 794 - LRB099 03667 KTG 23678 b
1		facility, and additions to existing school buildings, the
2		altering, repairing, equipping, and provision of
3		technology improvements to existing school buildings, and
4		the acquisition and improvement of school sites, as the
5		case may be, are required as a result of a projected
6		increase in the enrollment of students in the district; and
7		(B) the sale of bonds for these purposes is authorized by
8		legislation that exempts the debt incurred on the bonds
9		from the district's statutory debt limitation.
10		(iii) The bonds are issued, in one or more bond issues,
11		on or before November 7, 2011, but the aggregate principal
12		amount issued in all such bond issues combined must not
13		exceed $450,000,000.
14		(iv) The bonds are issued in accordance with this
15		Article 19.
16		(v) The proceeds of the bonds are used only to
17		accomplish those projects approved by the voters at the
18		general election held on November 7, 2006.
19		The debt incurred on any bonds issued under this subsection
20		(p-15) shall not be considered indebtedness for purposes of any
21		statutory debt limitation.
22		(p-20) In addition to all other authority to issue bonds,
23		the Lincoln-Way Community High School District Number 210 may
24		issue bonds with an aggregate principal amount not to exceed
25		$225,000,000, but only if all of the following conditions are
26		met:

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1		(i) The voters of the district have approved a
2		proposition for the bond issue at the general primary
3		election held on March 21, 2006.
4		(ii) At the time of the sale of the bonds, the school
5		board determines, by resolution, that: (A) the building and
6		equipping of the new high school buildings, the altering,
7		repairing, and equipping of existing school buildings, and
8		the improvement of school sites, as the case may be, are
9		required as a result of a projected increase in the
10		enrollment of students in the district; and (B) the sale of
11		bonds for these purposes is authorized by legislation that
12		exempts the debt incurred on the bonds from the district's
13		statutory debt limitation.
14		(iii) The bonds are issued, in one or more bond issues,
15		on or before March 21, 2011, but the aggregate principal
16		amount issued in all such bond issues combined must not
17		exceed $225,000,000.
18		(iv) The bonds are issued in accordance with this
19		Article 19.
20		(v) The proceeds of the bonds are used only to
21		accomplish those projects approved by the voters at the
22		primary election held on March 21, 2006.
23		The debt incurred on any bonds issued under this subsection
24		(p-20) shall not be considered indebtedness for purposes of any
25		statutory debt limitation.
26		(p-25) In addition to all other authority to issue bonds,

HB4049 Engrossed - 796 - LRB099 03667 KTG 23678 b
1		Rochester Community Unit School District 3A may issue bonds
2		with an aggregate principal amount not to exceed $18,500,000,
3		but only if all of the following conditions are met:
4		(i) The voters of the district approve a proposition
5		for the bond issuance at the general primary election held
6		in 2008.
7		(ii) At the time of the sale of the bonds, the school
8		board determines, by resolution, that: (A) the building and
9		equipping of a new high school building; the addition of
10		classrooms and support facilities at the high school,
11		middle school, and elementary school; the altering,
12		repairing, and equipping of existing school buildings; and
13		the improvement of school sites, as the case may be, are
14		required as a result of a projected increase in the
15		enrollment of students in the district; and (B) the sale of
16		bonds for these purposes is authorized by a law that
17		exempts the debt incurred on the bonds from the district's
18		statutory debt limitation.
19		(iii) The bonds are issued, in one or more bond issues,
20		on or before December 31, 2012, but the aggregate principal
21		amount issued in all such bond issues combined must not
22		exceed $18,500,000.
23		(iv) The bonds are issued in accordance with this
24		Article 19.
25		(v) The proceeds of the bonds are used to accomplish
26		only those projects approved by the voters at the primary

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1		election held in 2008.
2		The debt incurred on any bonds issued under this subsection
3		(p-25) shall not be considered indebtedness for purposes of any
4		statutory debt limitation.
5		(p-30) In addition to all other authority to issue bonds,
6		Prairie Grove Consolidated School District 46 may issue bonds
7		with an aggregate principal amount not to exceed $30,000,000,
8		but only if all of the following conditions are met:
9		(i) The voters of the district approve a proposition
10		for the bond issuance at an election held in 2008.
11		(ii) At the time of the sale of the bonds, the school
12		board determines, by resolution, that (A) the building and
13		equipping of a new school building and additions to
14		existing school buildings are required as a result of a
15		projected increase in the enrollment of students in the
16		district and (B) the altering, repairing, and equipping of
17		existing school buildings are required because of the age
18		of the existing school buildings.
19		(iii) The bonds are issued, in one or more bond
20		issuances, on or before December 31, 2012; however, the
21		aggregate principal amount issued in all such bond
22		issuances combined must not exceed $30,000,000.
23		(iv) The bonds are issued in accordance with this
24		Article.
25		(v) The proceeds of the bonds are used to accomplish
26		only those projects approved by the voters at an election

HB4049 Engrossed - 798 - LRB099 03667 KTG 23678 b
1		held in 2008.
2		The debt incurred on any bonds issued under this subsection
3		(p-30) shall not be considered indebtedness for purposes of any
4		statutory debt limitation.
5		(p-35) In addition to all other authority to issue bonds,
6		Prairie Hill Community Consolidated School District 133 may
7		issue bonds with an aggregate principal amount not to exceed
8		$13,900,000, but only if all of the following conditions are
9		met:
10		(i) The voters of the district approved a proposition
11		for the bond issuance at an election held on April 17,
12		2007.
13		(ii) At the time of the sale of the bonds, the school
14		board determines, by resolution, that (A) the improvement
15		of the site of and the building and equipping of a school
16		building are required as a result of a projected increase
17		in the enrollment of students in the district and (B) the
18		repairing and equipping of the Prairie Hill Elementary
19		School building is required because of the age of that
20		school building.
21		(iii) The bonds are issued, in one or more bond
22		issuances, on or before December 31, 2011, but the
23		aggregate principal amount issued in all such bond
24		issuances combined must not exceed $13,900,000.
25		(iv) The bonds are issued in accordance with this
26		Article.

HB4049 Engrossed - 799 - LRB099 03667 KTG 23678 b
1		(v) The proceeds of the bonds are used to accomplish
2		only those projects approved by the voters at an election
3		held on April 17, 2007.
4		The debt incurred on any bonds issued under this subsection
5		(p-35) shall not be considered indebtedness for purposes of any
6		statutory debt limitation.
7		(p-40) In addition to all other authority to issue bonds,
8		Mascoutah Community Unit District 19 may issue bonds with an
9		aggregate principal amount not to exceed $55,000,000, but only
10		if all of the following conditions are met:
11		(1) The voters of the district approve a proposition
12		for the bond issuance at a regular election held on or
13		after November 4, 2008.
14		(2) At the time of the sale of the bonds, the school
15		board determines, by resolution, that (i) the building and
16		equipping of a new high school building is required as a
17		result of a projected increase in the enrollment of
18		students in the district and the age and condition of the
19		existing high school building, (ii) the existing high
20		school building will be demolished, and (iii) the sale of
21		bonds is authorized by statute that exempts the debt
22		incurred on the bonds from the district's statutory debt
23		limitation.
24		(3) The bonds are issued, in one or more bond
25		issuances, on or before December 31, 2011, but the
26		aggregate principal amount issued in all such bond

HB4049 Engrossed - 800 - LRB099 03667 KTG 23678 b
1		issuances combined must not exceed $55,000,000.
2		(4) The bonds are issued in accordance with this
3		Article.
4		(5) The proceeds of the bonds are used to accomplish
5		only those projects approved by the voters at a regular
6		election held on or after November 4, 2008.
7		The debt incurred on any bonds issued under this subsection
8		(p-40) shall not be considered indebtedness for purposes of any
9		statutory debt limitation.
10		(p-45) Notwithstanding the provisions of subsection (a) of
11		this Section or of any other law, bonds issued pursuant to
12		Section 19-3.5 of this Code shall not be considered
13		indebtedness for purposes of any statutory limitation if the
14		bonds are issued in an amount or amounts, including existing
15		indebtedness of the school district, not in excess of 18.5% of
16		the value of the taxable property in the district to be
17		ascertained by the last assessment for State and county taxes.
18		(p-50) Notwithstanding the provisions of subsection (a) of
19		this Section or of any other law, bonds issued pursuant to
20		Section 19-3.10 of this Code shall not be considered
21		indebtedness for purposes of any statutory limitation if the
22		bonds are issued in an amount or amounts, including existing
23		indebtedness of the school district, not in excess of 43% of
24		the value of the taxable property in the district to be
25		ascertained by the last assessment for State and county taxes.
26		(p-55) In addition to all other authority to issue bonds,

HB4049 Engrossed - 801 - LRB099 03667 KTG 23678 b
1		Belle Valley School District 119 may issue bonds with an
2		aggregate principal amount not to exceed $47,500,000, but only
3		if all of the following conditions are met:
4		(1) The voters of the district approve a proposition
5		for the bond issuance at an election held on or after April
6		7, 2009.
7		(2) Prior to the issuance of the bonds, the school
8		board determines, by resolution, that (i) the building and
9		equipping of a new school building is required as a result
10		of mine subsidence in an existing school building and
11		because of the age and condition of another existing school
12		building and (ii) the issuance of bonds is authorized by
13		statute that exempts the debt incurred on the bonds from
14		the district's statutory debt limitation.
15		(3) The bonds are issued, in one or more bond
16		issuances, on or before March 31, 2014, but the aggregate
17		principal amount issued in all such bond issuances combined
18		must not exceed $47,500,000.
19		(4) The bonds are issued in accordance with this
20		Article.
21		(5) The proceeds of the bonds are used to accomplish
22		only those projects approved by the voters at an election
23		held on or after April 7, 2009.
24		The debt incurred on any bonds issued under this subsection
25		(p-55) shall not be considered indebtedness for purposes of any
26		statutory debt limitation. Bonds issued under this subsection

HB4049 Engrossed - 802 - LRB099 03667 KTG 23678 b
1		(p-55) must mature within not to exceed 30 years from their
2		date, notwithstanding any other law to the contrary.
3		(p-60) In addition to all other authority to issue bonds,
4		Wilmington Community Unit School District Number 209-U may
5		issue bonds with an aggregate principal amount not to exceed
6		$2,285,000, but only if all of the following conditions are
7		met:
8		(1) The proceeds of the bonds are used to accomplish
9		only those projects approved by the voters at the general
10		primary election held on March 21, 2006.
11		(2) Prior to the issuance of the bonds, the school
12		board determines, by resolution, that (i) the projects
13		approved by the voters were and are required because of the
14		age and condition of the school district's prior and
15		existing school buildings and (ii) the issuance of the
16		bonds is authorized by legislation that exempts the debt
17		incurred on the bonds from the district's statutory debt
18		limitation.
19		(3) The bonds are issued in one or more bond issuances
20		on or before March 1, 2011, but the aggregate principal
21		amount issued in all those bond issuances combined must not
22		exceed $2,285,000.
23		(4) The bonds are issued in accordance with this
24		Article.
25		The debt incurred on any bonds issued under this subsection
26		(p-60) shall not be considered indebtedness for purposes of any

HB4049 Engrossed - 803 - LRB099 03667 KTG 23678 b
1		statutory debt limitation.
2		(p-65) In addition to all other authority to issue bonds,
3		West Washington County Community Unit School District 10 may
4		issue bonds with an aggregate principal amount not to exceed
5		$32,200,000 and maturing over a period not exceeding 25 years,
6		but only if all of the following conditions are met:
7		(1) The voters of the district approve a proposition
8		for the bond issuance at an election held on or after
9		February 2, 2010.
10		(2) Prior to the issuance of the bonds, the school
11		board determines, by resolution, that (A) all or a portion
12		of the existing Okawville Junior/Senior High School
13		Building will be demolished; (B) the building and equipping
14		of a new school building to be attached to and the
15		alteration, repair, and equipping of the remaining portion
16		of the Okawville Junior/Senior High School Building is
17		required because of the age and current condition of that
18		school building; and (C) the issuance of bonds is
19		authorized by a statute that exempts the debt incurred on
20		the bonds from the district's statutory debt limitation.
21		(3) The bonds are issued, in one or more bond
22		issuances, on or before March 31, 2014, but the aggregate
23		principal amount issued in all such bond issuances combined
24		must not exceed $32,200,000.
25		(4) The bonds are issued in accordance with this
26		Article.

HB4049 Engrossed - 804 - LRB099 03667 KTG 23678 b
1		(5) The proceeds of the bonds are used to accomplish
2		only those projects approved by the voters at an election
3		held on or after February 2, 2010.
4		The debt incurred on any bonds issued under this subsection
5		(p-65) shall not be considered indebtedness for purposes of any
6		statutory debt limitation.
7		(p-70) In addition to all other authority to issue bonds,
8		Cahokia Community Unit School District 187 may issue bonds with
9		an aggregate principal amount not to exceed $50,000,000, but
10		only if all the following conditions are met:
11		(1) The voters of the district approve a proposition
12		for the bond issuance at an election held on or after
13		November 2, 2010.
14		(2) Prior to the issuance of the bonds, the school
15		board determines, by resolution, that (i) the building and
16		equipping of a new school building is required as a result
17		of the age and condition of an existing school building and
18		(ii) the issuance of bonds is authorized by a statute that
19		exempts the debt incurred on the bonds from the district's
20		statutory debt limitation.
21		(3) The bonds are issued, in one or more issuances, on
22		or before July 1, 2016, but the aggregate principal amount
23		issued in all such bond issuances combined must not exceed
24		$50,000,000.
25		(4) The bonds are issued in accordance with this
26		Article.

HB4049 Engrossed - 805 - LRB099 03667 KTG 23678 b
1		(5) The proceeds of the bonds are used to accomplish
2		only those projects approved by the voters at an election
3		held on or after November 2, 2010.
4		The debt incurred on any bonds issued under this subsection
5		(p-70) shall not be considered indebtedness for purposes of any
6		statutory debt limitation. Bonds issued under this subsection
7		(p-70) must mature within not to exceed 25 years from their
8		date, notwithstanding any other law, including Section 19-3 of
9		this Code, to the contrary.
10		(p-75) Notwithstanding the debt limitation prescribed in
11		subsection (a) of this Section or any other provisions of this
12		Section or of any other law, the execution of leases on or
13		after January 1, 2007 and before July 1, 2011 by the Board of
14		Education of Peoria School District 150 with a public building
15		commission for leases entered into pursuant to the Public
16		Building Commission Act shall not be considered indebtedness
17		for purposes of any statutory debt limitation.
18		This subsection (p-75) applies only if the State Board of
19		Education or the Capital Development Board makes one or more
20		grants to Peoria School District 150 pursuant to the School
21		Construction Law. The amount exempted from the debt limitation
22		as prescribed in this subsection (p-75) shall be no greater
23		than the amount of one or more grants awarded to Peoria School
24		District 150 by the State Board of Education or the Capital
25		Development Board.
26		(p-80) In addition to all other authority to issue bonds,

HB4049 Engrossed - 806 - LRB099 03667 KTG 23678 b
1		Ridgeland School District 122 may issue bonds with an aggregate
2		principal amount not to exceed $50,000,000 for the purpose of
3		refunding or continuing to refund bonds originally issued
4		pursuant to voter approval at the general election held on
5		November 7, 2000, and the debt incurred on any bonds issued
6		under this subsection (p-80) shall not be considered
7		indebtedness for purposes of any statutory debt limitation.
8		Bonds issued under this subsection (p-80) may be issued in one
9		or more issuances and must mature within not to exceed 25 years
10		from their date, notwithstanding any other law, including
11		Section 19-3 of this Code, to the contrary.
12		(p-85) In addition to all other authority to issue bonds,
13		Hall High School District 502 may issue bonds with an aggregate
14		principal amount not to exceed $32,000,000, but only if all the
15		following conditions are met:
16		(1) The voters of the district approve a proposition
17		for the bond issuance at an election held on or after April
18		9, 2013.
19		(2) Prior to the issuance of the bonds, the school
20		board determines, by resolution, that (i) the building and
21		equipping of a new school building is required as a result
22		of the age and condition of an existing school building,
23		(ii) the existing school building should be demolished in
24		its entirety or the existing school building should be
25		demolished except for the 1914 west wing of the building,
26		and (iii) the issuance of bonds is authorized by a statute

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1		that exempts the debt incurred on the bonds from the
2		district's statutory debt limitation.
3		(3) The bonds are issued, in one or more issuances, not
4		later than 5 years after the date of the referendum
5		approving the issuance of the bonds, but the aggregate
6		principal amount issued in all such bond issuances combined
7		must not exceed $32,000,000.
8		(4) The bonds are issued in accordance with this
9		Article.
10		(5) The proceeds of the bonds are used to accomplish
11		only those projects approved by the voters at an election
12		held on or after April 9, 2013.
13		The debt incurred on any bonds issued under this subsection
14		(p-85) shall not be considered indebtedness for purposes of any
15		statutory debt limitation. Bonds issued under this subsection
16		(p-85) must mature within not to exceed 30 years from their
17		date, notwithstanding any other law, including Section 19-3 of
18		this Code, to the contrary.
19		(p-90) In addition to all other authority to issue bonds,
20		Lebanon Community Unit School District 9 may issue bonds with
21		an aggregate principal amount not to exceed $7,500,000, but
22		only if all of the following conditions are met:
23		(1) The voters of the district approved a proposition
24		for the bond issuance at the general primary election on
25		February 2, 2010.
26		(2) At or prior to the time of the sale of the bonds,

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1		the school board determines, by resolution, that (i) the
2		building and equipping of a new elementary school building
3		is required as a result of a projected increase in the
4		enrollment of students in the district and the age and
5		condition of the existing Lebanon Elementary School
6		building, (ii) a portion of the existing Lebanon Elementary
7		School building will be demolished and the remaining
8		portion will be altered, repaired, and equipped, and (iii)
9		the sale of bonds is authorized by a statute that exempts
10		the debt incurred on the bonds from the district's
11		statutory debt limitation.
12		(3) The bonds are issued, in one or more bond
13		issuances, on or before April 1, 2014, but the aggregate
14		principal amount issued in all such bond issuances combined
15		must not exceed $7,500,000.
16		(4) The bonds are issued in accordance with this
17		Article.
18		(5) The proceeds of the bonds are used to accomplish
19		only those projects approved by the voters at the general
20		primary election held on February 2, 2010.
21		The debt incurred on any bonds issued under this subsection
22		(p-90) shall not be considered indebtedness for purposes of any
23		statutory debt limitation.
24		(p-95) In addition to all other authority to issue bonds,
25		Monticello Community Unit School District 25 may issue bonds
26		with an aggregate principal amount not to exceed $35,000,000,

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1		but only if all of the following conditions are met:
2		(1) The voters of the district approve a proposition
3		for the bond issuance at an election held on or after
4		November 4, 2014.
5		(2) Prior to the issuance of the bonds, the school
6		board determines, by resolution, that (i) the building and
7		equipping of a new school building is required as a result
8		of the age and condition of an existing school building and
9		(ii) the issuance of bonds is authorized by a statute that
10		exempts the debt incurred on the bonds from the district's
11		statutory debt limitation.
12		(3) The bonds are issued, in one or more issuances, on
13		or before July 1, 2020, but the aggregate principal amount
14		issued in all such bond issuances combined must not exceed
15		$35,000,000.
16		(4) The bonds are issued in accordance with this
17		Article.
18		(5) The proceeds of the bonds are used to accomplish
19		only those projects approved by the voters at an election
20		held on or after November 4, 2014.
21		The debt incurred on any bonds issued under this subsection
22		(p-95) shall not be considered indebtedness for purposes of any
23		statutory debt limitation. Bonds issued under this subsection
24		(p-95) must mature within not to exceed 25 years from their
25		date, notwithstanding any other law, including Section 19-3 of
26		this Code, to the contrary.

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1		(p-100) (p-95) In addition to all other authority to issue
2		bonds, the community unit school district created in the
3		territory comprising Milford Community Consolidated School
4		District 280 and Milford Township High School District 233, as
5		approved at the general primary election held on March 18,
6		2014, may issue bonds with an aggregate principal amount not to
7		exceed $17,500,000, but only if all the following conditions
8		are met:
9		(1) The voters of the district approve a proposition
10		for the bond issuance at an election held on or after
11		November 4, 2014.
12		(2) Prior to the issuance of the bonds, the school
13		board determines, by resolution, that (i) the building and
14		equipping of a new school building is required as a result
15		of the age and condition of an existing school building and
16		(ii) the issuance of bonds is authorized by a statute that
17		exempts the debt incurred on the bonds from the district's
18		statutory debt limitation.
19		(3) The bonds are issued, in one or more issuances, on
20		or before July 1, 2020, but the aggregate principal amount
21		issued in all such bond issuances combined must not exceed
22		$17,500,000.
23		(4) The bonds are issued in accordance with this
24		Article.
25		(5) The proceeds of the bonds are used to accomplish
26		only those projects approved by the voters at an election

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1		held on or after November 4, 2014.
2		The debt incurred on any bonds issued under this subsection
3		(p-100) (p-95) shall not be considered indebtedness for
4		purposes of any statutory debt limitation. Bonds issued under
5		this subsection (p-100) (p-95) must mature within not to exceed
6		25 years from their date, notwithstanding any other law,
7		including Section 19-3 of this Code, to the contrary.
8		(q) A school district must notify the State Board of
9		Education prior to issuing any form of long-term or short-term
10		debt that will result in outstanding debt that exceeds 75% of
11		the debt limit specified in this Section or any other provision
12		of law.
13		(Source: P.A. 97-333, eff. 8-12-11; 97-834, eff. 7-20-12;
14		97-1146, eff. 1-18-13; 98-617, eff. 1-7-14; 98-912, eff.
15		8-15-14; 98-916, eff. 8-15-14; revised 10-1-14.)
16		(105 ILCS 5/21B-20)
17		Sec. 21B-20. Types of licenses. Before July 1, 2013, the
18		State Board of Education shall implement a system of educator
19		licensure, whereby individuals employed in school districts
20		who are required to be licensed must have one of the following
21		licenses: (i) a professional educator license; (ii) a
22		professional educator license with stipulations; or (iii) a
23		substitute teaching license. References in law regarding
24		individuals certified or certificated or required to be
25		certified or certificated under Article 21 of this Code shall

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1		also include individuals licensed or required to be licensed
2		under this Article. The first year of all licenses ends on June
3		30 following one full year of the license being issued.
4		The State Board of Education, in consultation with the
5		State Educator Preparation and Licensure Board, may adopt such
6		rules as may be necessary to govern the requirements for
7		licenses and endorsements under this Section.
8		(1) Professional Educator License. Persons who (i)
9		have successfully completed an approved educator
10		preparation program and are recommended for licensure by
11		the Illinois institution offering the educator preparation
12		program, (ii) have successfully completed the required
13		testing under Section 21B-30 of this Code, (iii) have
14		successfully completed coursework on the psychology of,
15		the identification of, and the methods of instruction for
16		the exceptional child, including without limitation
17		children with learning disabilities the learning disabled,
18		(iv) have successfully completed coursework in methods of
19		reading and reading in the content area, and (v) have met
20		all other criteria established by rule of the State Board
21		of Education shall be issued a Professional Educator
22		License. All Professional Educator Licenses are valid
23		until June 30 immediately following 5 years of the license
24		being issued. The Professional Educator License shall be
25		endorsed with specific areas and grade levels in which the
26		individual is eligible to practice.

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1		Individuals can receive subsequent endorsements on the
2		Professional Educator License. Subsequent endorsements
3		shall require a minimum of 24 semester hours of coursework
4		in the endorsement area, unless otherwise specified by
5		rule, and passage of the applicable content area test.
6		(2) Educator License with Stipulations. An Educator
7		License with Stipulations shall be issued an endorsement
8		that limits the license holder to one particular position
9		or does not require completion of an approved educator
10		program or both.
11		An individual with an Educator License with
12		Stipulations must not be employed by a school district or
13		any other entity to replace any presently employed teacher
14		who otherwise would not be replaced for any reason.
15		An Educator License with Stipulations may be issued
16		with the following endorsements:
17		(A) Provisional educator. A provisional educator
18		endorsement in a specific content area or areas on an
19		Educator License with Stipulations may be issued to an
20		applicant who holds an educator license with a minimum
21		of 15 semester hours in content coursework from another
22		state, U.S. territory, or foreign country and who, at
23		the time of applying for an Illinois license, does not
24		meet the minimum requirements under Section 21B-35 of
25		this Code, but does, at a minimum, meet both of the
26		following requirements:

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1		(i) Holds the equivalent of a minimum of a
2		bachelor's degree, unless a master's degree is
3		required for the endorsement, from a regionally
4		accredited college or university or, for
5		individuals educated in a country other than the
6		United States, the equivalent of a minimum of a
7		bachelor's degree issued in the United States,
8		unless a master's degree is required for the
9		endorsement.
10		(ii) Has passed a test of basic skills and
11		content area test, as required by Section 21B-30 of
12		this Code.
13		However, a provisional educator endorsement for
14		principals may not be issued, nor may any person with a
15		provisional educator endorsement serve as a principal
16		in a public school in this State. In addition,
17		out-of-state applicants shall not receive a
18		provisional educator endorsement if the person
19		completed an alternative licensure program in another
20		state, unless the program has been determined to be
21		equivalent to Illinois program requirements.
22		Notwithstanding any other requirements of this
23		Section, a service member or spouse of a service member
24		may obtain a Professional Educator License with
25		Stipulations, and a provisional educator endorsement
26		in a specific content area or areas, if he or she holds

HB4049 Engrossed - 815 - LRB099 03667 KTG 23678 b
1		a valid teaching certificate or license in good
2		standing from another state, meets the qualifications
3		of educators outlined in Section 21B-15 of this Code,
4		and has not engaged in any misconduct that would
5		prohibit an individual from obtaining a license
6		pursuant to Illinois law, including without limitation
7		any administrative rules of the State Board of
8		Education; however, the service member or spouse may
9		not serve as a principal under the Professional
10		Educator License with Stipulations or provisional
11		educator endorsement.
12		In this Section, "service member" means any person
13		who, at the time of application under this Section, is
14		an active duty member of the United States Armed Forces
15		or any reserve component of the United States Armed
16		Forces or the National Guard of any state,
17		commonwealth, or territory of the United States or the
18		District of Columbia.
19		A provisional educator endorsement is valid until
20		June 30 immediately following 2 years of the license
21		being issued, during which time any remaining testing
22		and coursework deficiencies must be met. Failure to
23		satisfy all stated deficiencies shall mean the
24		individual, including any service member or spouse who
25		has obtained a Professional Educator License with
26		Stipulations and a provisional educator endorsement in

HB4049 Engrossed - 816 - LRB099 03667 KTG 23678 b
1		a specific content area or areas, is ineligible to
2		receive a Professional Educator License at that time. A
3		provisional educator endorsement on an Educator
4		License with Stipulations shall not be renewed.
5		(B) Alternative provisional educator. An
6		alternative provisional educator endorsement on an
7		Educator License with Stipulations may be issued to an
8		applicant who, at the time of applying for the
9		endorsement, has done all of the following:
10		(i) Graduated from a regionally accredited
11		college or university with a minimum of a
12		bachelor's degree.
13		(ii) Successfully completed the first phase of
14		the Alternative Educator Licensure Program for
15		Teachers, as described in Section 21B-50 of this
16		Code.
17		(iii) Passed a test of basic skills and content
18		area test, as required under Section 21B-30 of this
19		Code.
20		The alternative provisional educator endorsement
21		is valid for 2 years of teaching and may be renewed for
22		a third year by an individual meeting the requirements
23		set forth in Section 21B-50 of this Code.
24		(C) Alternative provisional superintendent. An
25		alternative provisional superintendent endorsement on
26		an Educator License with Stipulations entitles the

HB4049 Engrossed - 817 - LRB099 03667 KTG 23678 b
1		holder to serve only as a superintendent or assistant
2		superintendent in a school district's central office.
3		This endorsement may only be issued to an applicant
4		who, at the time of applying for the endorsement, has
5		done all of the following:
6		(i) Graduated from a regionally accredited
7		college or university with a minimum of a master's
8		degree in a management field other than education.
9		(ii) Been employed for a period of at least 5
10		years in a management level position in a field
11		other than education.
12		(iii) Successfully completed the first phase
13		of an alternative route to superintendent
14		endorsement program, as provided in Section 21B-55
15		of this Code.
16		(iv) Passed a test of basic skills and content
17		area tests required under Section 21B-30 of this
18		Code.
19		The endorsement may be registered for 2 fiscal
20		years in order to complete one full year of serving as
21		a superintendent or assistant superintendent.
22		(D) Resident teacher endorsement. A resident
23		teacher endorsement on an Educator License with
24		Stipulations may be issued to an applicant who, at the
25		time of applying for the endorsement, has done all of
26		the following:

HB4049 Engrossed - 818 - LRB099 03667 KTG 23678 b
1		(i) Graduated from a regionally accredited
2		institution of higher education with a minimum of a
3		bachelor's degree.
4		(ii) Enrolled in an approved Illinois educator
5		preparation program.
6		(iii) Passed a test of basic skills and content
7		area test, as required under Section 21B-30 of this
8		Code.
9		The resident teacher endorsement on an Educator
10		License with Stipulations is valid for 4 years of
11		teaching and shall not be renewed.
12		A resident teacher may teach only under the
13		direction of a licensed teacher, who shall act as the
14		resident mentor teacher, and may not teach in place of
15		a licensed teacher. A resident teacher endorsement on
16		an Educator License with Stipulations shall no longer
17		be valid after June 30, 2017.
18		(E) Career and technical educator. A career and
19		technical educator endorsement on an Educator License
20		with Stipulations may be issued to an applicant who has
21		a minimum of 60 semester hours of coursework from a
22		regionally accredited institution of higher education
23		and has a minimum of 2,000 hours of experience in the
24		last 10 years outside of education in each area to be
25		taught.
26		The career and technical educator endorsement on

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1		an Educator License with Stipulations is valid until
2		June 30 immediately following 5 years of the
3		endorsement being issued and may be renewed if the
4		individual passes a test of basic skills, as required
5		under Section 21B-30 of this Code.
6		(F) Part-time provisional career and technical
7		educator or provisional career and technical educator.
8		A part-time provisional career and technical educator
9		endorsement or a provisional career and technical
10		educator endorsement on an Educator License with
11		Stipulations may be issued to an applicant who has a
12		minimum of 8,000 hours of work experience in the skill
13		for which the applicant is seeking the endorsement. It
14		is the responsibility of each employing school board
15		and regional office of education to provide
16		verification, in writing, to the State Superintendent
17		of Education at the time the application is submitted
18		that no qualified teacher holding a Professional
19		Educator License or an Educator License with
20		Stipulations with a career and technical educator
21		endorsement is available and that actual circumstances
22		require such issuance.
23		The provisional career and technical educator
24		endorsement on an Educator License with Stipulations
25		is valid until June 30 immediately following 5 years of
26		the endorsement being issued and may be renewed only

HB4049 Engrossed - 820 - LRB099 03667 KTG 23678 b
1		one time for 5 years if the individual passes a test of
2		basic skills, as required under Section 21B-30 of this
3		Code, and has completed a minimum of 20 semester hours
4		from a regionally accredited institution.
5		A part-time provisional career and technical
6		educator endorsement on an Educator License with
7		Stipulations may be issued for teaching no more than 2
8		courses of study for grades 6 through 12. The part-time
9		provisional career and technical educator endorsement
10		on an Educator License with Stipulations is valid until
11		June 30 immediately following 5 years of the
12		endorsement being issued and may be renewed for 5 years
13		if the individual makes application for renewal.
14		(G) Transitional bilingual educator. A
15		transitional bilingual educator endorsement on an
16		Educator License with Stipulations may be issued for
17		the purpose of providing instruction in accordance
18		with Article 14C of this Code to an applicant who
19		provides satisfactory evidence that he or she meets all
20		of the following requirements:
21		(i) Possesses adequate speaking, reading, and
22		writing ability in the language other than English
23		in which transitional bilingual education is
24		offered.
25		(ii) Has the ability to successfully
26		communicate in English.

HB4049 Engrossed - 821 - LRB099 03667 KTG 23678 b
1		(iii) Either possessed, within 5 years
2		previous to his or her applying for a transitional
3		bilingual educator endorsement, a valid and
4		comparable teaching certificate or comparable
5		authorization issued by a foreign country or holds
6		a degree from an institution of higher learning in
7		a foreign country that the State Educator
8		Preparation and Licensure Board determines to be
9		the equivalent of a bachelor's degree from a
10		regionally accredited institution of higher
11		learning in the United States.
12		A transitional bilingual educator endorsement
13		shall be valid for prekindergarten through grade 12, is
14		valid until June 30 immediately following 5 years of
15		the endorsement being issued, and shall not be renewed.
16		Persons holding a transitional bilingual educator
17		endorsement shall not be employed to replace any
18		presently employed teacher who otherwise would not be
19		replaced for any reason.
20		(H) Language endorsement. In an effort to
21		alleviate the shortage of teachers speaking a language
22		other than English in the public schools, an individual
23		who holds an Educator License with Stipulations may
24		also apply for a language endorsement, provided that
25		the applicant provides satisfactory evidence that he
26		or she meets all of the following requirements:

HB4049 Engrossed - 822 - LRB099 03667 KTG 23678 b
1		(i) Holds a transitional bilingual
2		endorsement.
3		(ii) Has demonstrated proficiency in the
4		language for which the endorsement is to be issued
5		by passing the applicable language content test
6		required by the State Board of Education.
7		(iii) Holds a bachelor's degree or higher from
8		a regionally accredited institution of higher
9		education or, for individuals educated in a
10		country other than the United States, holds a
11		degree from an institution of higher learning in a
12		foreign country that the State Educator
13		Preparation and Licensure Board determines to be
14		the equivalent of a bachelor's degree from a
15		regionally accredited institution of higher
16		learning in the United States.
17		(iv) Has passed a test of basic skills, as
18		required under Section 21B-30 of this Code.
19		A language endorsement on an Educator License with
20		Stipulations is valid for prekindergarten through
21		grade 12 for the same validity period as the
22		individual's transitional bilingual educator
23		endorsement on the Educator License with Stipulations
24		and shall not be renewed.
25		(I) Visiting international educator. A visiting
26		international educator endorsement on an Educator

HB4049 Engrossed - 823 - LRB099 03667 KTG 23678 b
1		License with Stipulations may be issued to an
2		individual who is being recruited by a particular
3		school district that conducts formal recruitment
4		programs outside of the United States to secure the
5		services of qualified teachers and who meets all of the
6		following requirements:
7		(i) Holds the equivalent of a minimum of a
8		bachelor's degree issued in the United States.
9		(ii) Has been prepared as a teacher at the
10		grade level for which he or she will be employed.
11		(iii) Has adequate content knowledge in the
12		subject to be taught.
13		(iv) Has an adequate command of the English
14		language.
15		A holder of a visiting international educator
16		endorsement on an Educator License with Stipulations
17		shall be permitted to teach in bilingual education
18		programs in the language that was the medium of
19		instruction in his or her teacher preparation program,
20		provided that he or she passes the English Language
21		Proficiency Examination or another test of writing
22		skills in English identified by the State Board of
23		Education, in consultation with the State Educator
24		Preparation and Licensure Board.
25		A visiting international educator endorsement on
26		an Educator License with Stipulations is valid for 3

HB4049 Engrossed - 824 - LRB099 03667 KTG 23678 b
1		years and shall not be renewed.
2		(J) Paraprofessional educator. A paraprofessional
3		educator endorsement on an Educator License with
4		Stipulations may be issued to an applicant who holds a
5		high school diploma or its recognized equivalent and
6		either holds an associate's degree or a minimum of 60
7		semester hours of credit from a regionally accredited
8		institution of higher education or has passed a test of
9		basic skills required under Section 21B-30 of this
10		Code. The paraprofessional educator endorsement is
11		valid until June 30 immediately following 5 years of
12		the endorsement being issued and may be renewed through
13		application and payment of the appropriate fee, as
14		required under Section 21B-40 of this Code. An
15		individual who holds only a paraprofessional educator
16		endorsement is not subject to additional requirements
17		in order to renew the endorsement.
18		(3) Substitute Teaching License. A Substitute Teaching
19		License may be issued to qualified applicants for
20		substitute teaching in all grades of the public schools,
21		prekindergarten through grade 12. Substitute Teaching
22		Licenses are not eligible for endorsements. Applicants for
23		a Substitute Teaching License must hold a bachelor's degree
24		or higher from a regionally accredited institution of
25		higher education.
26		Substitute Teaching Licenses are valid for 5 years and

HB4049 Engrossed - 825 - LRB099 03667 KTG 23678 b
1		may be renewed if the individual has passed a test of basic
2		skills, as authorized under Section 21B-30 of this Code. An
3		individual who has passed a test of basic skills for the
4		first licensure renewal is not required to retake the test
5		again for further renewals.
6		Substitute Teaching Licenses are valid for substitute
7		teaching in every county of this State. If an individual
8		has had his or her Professional Educator License or
9		Educator License with Stipulations suspended or revoked or
10		has not met the renewal requirements for licensure, then
11		that individual is not eligible to obtain a Substitute
12		Teaching License.
13		A substitute teacher may only teach in the place of a
14		licensed teacher who is under contract with the employing
15		board. If, however, there is no licensed teacher under
16		contract because of an emergency situation, then a district
17		may employ a substitute teacher for no longer than 30
18		calendar days per each vacant position in the district if
19		the district notifies the appropriate regional office of
20		education within 5 business days after the employment of
21		the substitute teacher in the emergency situation. An
22		emergency situation is one in which an unforeseen vacancy
23		has occurred and (i) a teacher is unable to fulfill his or
24		her contractual duties or (ii) teacher capacity needs of
25		the district exceed previous indications, and the district
26		is actively engaged in advertising to hire a fully licensed

HB4049 Engrossed - 826 - LRB099 03667 KTG 23678 b
1		teacher for the vacant position.
2		There is no limit on the number of days that a
3		substitute teacher may teach in a single school district,
4		provided that no substitute teacher may teach for longer
5		than 90 school days for any one licensed teacher under
6		contract in the same school year. A substitute teacher who
7		holds a Professional Educator License or Educator License
8		with Stipulations shall not teach for more than 120 school
9		days for any one licensed teacher under contract in the
10		same school year. The limitations in this paragraph (3) on
11		the number of days a substitute teacher may be employed do
12		not apply to any school district operating under Article 34
13		of this Code.
14		(Source: P.A. 97-607, eff. 8-26-11; 97-710, eff. 1-1-13; 98-28,
15		eff. 7-1-13; 98-751, eff. 1-1-15.)
16		(105 ILCS 5/30-14.2) (from Ch. 122, par. 30-14.2)
17		Sec. 30-14.2. MIA/POW scholarships.
18		(a) Any spouse, natural child, legally adopted child, or
19		any step-child of an eligible veteran or serviceperson who
20		possesses all necessary entrance requirements shall, upon
21		application and proper proof, be awarded a MIA/POW Scholarship
22		consisting of the equivalent of 4 calendar years of full-time
23		enrollment including summer terms, to the state supported
24		Illinois institution of higher learning of his choice, subject
25		to the restrictions listed below.

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1		"Eligible veteran or serviceperson" means any veteran or
2		serviceperson, including an Illinois National Guard member who
3		is on active duty or is active on a training assignment, who
4		has been declared by the U.S. Department of Defense or the U.S.
5		Department of Veterans' Affairs to be a prisoner of war, be
6		missing in action, have died as the result of a
7		service-connected disability or have become a person with a
8		permanent disability be permanently disabled from
9		service-connected causes with 100% disability and who (i) at
10		the time of entering service was an Illinois resident, (ii) was
11		an Illinois resident within 6 months after entering such
12		service, or (iii) until July 1, 2014, became an Illinois
13		resident within 6 months after leaving the service and can
14		establish at least 30 years of continuous residency in the
15		State of Illinois.
16		Full-time enrollment means 12 or more semester hours of
17		courses per semester, or 12 or more quarter hours of courses
18		per quarter, or the equivalent thereof per term. Scholarships
19		utilized by dependents enrolled in less than full-time study
20		shall be computed in the proportion which the number of hours
21		so carried bears to full-time enrollment.
22		Scholarships awarded under this Section may be used by a
23		spouse or child without regard to his or her age. The holder of
24		a Scholarship awarded under this Section shall be subject to
25		all examinations and academic standards, including the
26		maintenance of minimum grade levels, that are applicable

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1		generally to other enrolled students at the Illinois
2		institution of higher learning where the Scholarship is being
3		used. If the surviving spouse remarries or if there is a
4		divorce between the veteran or serviceperson and his or her
5		spouse while the dependent is pursuing his or her course of
6		study, Scholarship benefits will be terminated at the end of
7		the term for which he or she is presently enrolled. Such
8		dependents shall also be entitled, upon proper proof and
9		application, to enroll in any extension course offered by a
10		State supported Illinois institution of higher learning
11		without payment of tuition and approved fees.
12		The holder of a MIA/POW Scholarship authorized under this
13		Section shall not be required to pay any matriculation or
14		application fees, tuition, activities fees, graduation fees or
15		other fees, except multipurpose building fees or similar fees
16		for supplies and materials.
17		Any dependent who has been or shall be awarded a MIA/POW
18		Scholarship shall be reimbursed by the appropriate institution
19		of higher learning for any fees which he or she has paid and
20		for which exemption is granted under this Section if
21		application for reimbursement is made within 2 months following
22		the end of the school term for which the fees were paid.
23		(b) In lieu of the benefit provided in subsection (a), any
24		spouse, natural child, legally adopted child, or step-child of
25		an eligible veteran or serviceperson, which spouse or child has
26		a physical, mental or developmental disability, shall be

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1		entitled to receive, upon application and proper proof, a
2		benefit to be used for the purpose of defraying the cost of the
3		attendance or treatment of such spouse or child at one or more
4		appropriate therapeutic, rehabilitative or educational
5		facilities. The application and proof may be made by the parent
6		or legal guardian of the spouse or child on his or her behalf.
7		The total benefit provided to any beneficiary under this
8		subsection shall not exceed the cost equivalent of 4 calendar
9		years of full-time enrollment, including summer terms, at the
10		University of Illinois. Whenever practicable in the opinion of
11		the Department of Veterans' Affairs, payment of benefits under
12		this subsection shall be made directly to the facility, the
13		cost of attendance or treatment at which is being defrayed, as
14		such costs accrue.
15		(c) The benefits of this Section shall be administered by
16		and paid for out of funds made available to the Illinois
17		Department of Veterans' Affairs. The amounts that become due to
18		any state supported Illinois institution of higher learning
19		shall be payable by the Comptroller to such institution on
20		vouchers approved by the Illinois Department of Veterans'
21		Affairs. The amounts that become due under subsection (b) of
22		this Section shall be payable by warrant upon vouchers issued
23		by the Illinois Department of Veterans' Affairs and approved by
24		the Comptroller. The Illinois Department of Veterans' Affairs
25		shall determine the eligibility of the persons who make
26		application for the benefits provided for in this Section.

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1		(Source: P.A. 96-1415, eff. 7-30-10; revised 12-1-14.)
2		(105 ILCS 5/34-2.4) (from Ch. 122, par. 34-2.4)
3		Sec. 34-2.4. School improvement plan. A 3 year local school
4		improvement plan shall be developed and implemented at each
5		attendance center. This plan shall reflect the overriding
6		purpose of the attendance center to improve educational
7		quality. The local school principal shall develop a school
8		improvement plan in consultation with the local school council,
9		all categories of school staff, parents and community
10		residents. Once the plan is developed, reviewed by the
11		professional personnel leadership committee, and approved by
12		the local school council, the principal shall be responsible
13		for directing implementation of the plan, and the local school
14		council shall monitor its implementation. After the
15		termination of the initial 3 year plan, a new 3 year plan shall
16		be developed and modified as appropriate on an annual basis.
17		The school improvement plan shall be designed to achieve
18		priority goals including but not limited to:
19		(a) assuring that students show significant progress
20		toward meeting and exceeding State performance standards
21		in State mandated learning areas, including the mastery of
22		higher order thinking skills in these areas;
23		(b) assuring that students attend school regularly and
24		graduate from school at such rates that the district
25		average equals or surpasses national norms;

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1		(c) assuring that students are adequately prepared for
2		and aided in making a successful transition to further
3		education and life experience;
4		(d) assuring that students are adequately prepared for
5		and aided in making a successful transition to employment;
6		and
7		(e) assuring that students are, to the maximum extent
8		possible, provided with a common learning experience that
9		is of high academic quality and that reflects high
10		expectations for all students' capacities to learn.
11		With respect to these priority goals, the school
12		improvement plan shall include but not be limited to the
13		following:
14		(a) an analysis of data collected in the attendance
15		center and community indicating the specific strengths and
16		weaknesses of the attendance center in light of the goals
17		specified above, including data and analysis specified by
18		the State Board of Education pertaining to specific
19		measurable outcomes for student performance, the
20		attendance centers, and their instructional programs;
21		(b) a description of specific annual objectives the
22		attendance center will pursue in achieving the goals
23		specified above;
24		(c) a description of the specific activities the
25		attendance center will undertake to achieve its
26		objectives;

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1		(d) an analysis of the attendance center's staffing
2		pattern and material resources, and an explanation of how
3		the attendance center's planned staffing pattern, the
4		deployment of staff, and the use of material resources
5		furthers the objectives of the plan;
6		(e) a description of the key assumptions and directions
7		of the school's curriculum and the academic and
8		non-academic programs of the attendance center, and an
9		explanation of how this curriculum and these programs
10		further the goals and objectives of the plan;
11		(f) a description of the steps that will be taken to
12		enhance educational opportunities for all students,
13		regardless of gender, including limited English proficient
14		students, students with disabilities disabled students,
15		low-income students and minority students;
16		(g) a description of any steps which may be taken by
17		the attendance center to educate parents as to how they can
18		assist children at home in preparing their children to
19		learn effectively;
20		(h) a description of the steps the attendance center
21		will take to coordinate its efforts with, and to gain the
22		participation and support of, community residents,
23		business organizations, and other local institutions and
24		individuals;
25		(i) a description of any staff development program for
26		all school staff and volunteers tied to the priority goals,

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1		objectives, and activities specified in the plan;
2		(j) a description of the steps the local school council
3		will undertake to monitor implementation of the plan on an
4		ongoing basis;
5		(k) a description of the steps the attendance center
6		will take to ensure that teachers have working conditions
7		that provide a professional environment conducive to
8		fulfilling their responsibilities;
9		(l) a description of the steps the attendance center
10		will take to ensure teachers the time and opportunity to
11		incorporate new ideas and techniques, both in subject
12		matter and teaching skills, into their own work;
13		(m) a description of the steps the attendance center
14		will take to encourage pride and positive identification
15		with the attendance center through various athletic
16		activities; and
17		(n) a description of the student need for and provision
18		of services to special populations, beyond the standard
19		school programs provided for students in grades K through
20		12 and those enumerated in the categorical programs cited
21		in item d of part 4 of Section 34-2.3, including financial
22		costs of providing same and a timeline for implementing the
23		necessary services, including but not limited, when
24		applicable, to ensuring the provisions of educational
25		services to all eligible children aged 4 years for the
26		1990-91 school year and thereafter, reducing class size to

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1		State averages in grades K-3 for the 1991-92 school year
2		and thereafter and in all grades for the 1993-94 school
3		year and thereafter, and providing sufficient staff and
4		facility resources for students not served in the regular
5		classroom setting.
6		Based on the analysis of data collected indicating specific
7		strengths and weaknesses of the attendance center, the school
8		improvement plan may place greater emphasis from year to year
9		on particular priority goals, objectives, and activities.
10		(Source: P.A. 93-48, eff. 7-1-03.)
11		(105 ILCS 5/34-18) (from Ch. 122, par. 34-18)
12		Sec. 34-18. Powers of the board. The board shall exercise
13		general supervision and jurisdiction over the public education
14		and the public school system of the city, and, except as
15		otherwise provided by this Article, shall have power:
16		1. To make suitable provision for the establishment and
17		maintenance throughout the year or for such portion thereof
18		as it may direct, not less than 9 months, of schools of all
19		grades and kinds, including normal schools, high schools,
20		night schools, schools for defectives and delinquents,
21		parental and truant schools, schools for the blind, the
22		deaf and persons with physical disabilities the physically
23		disabled, schools or classes in manual training,
24		constructural and vocational teaching, domestic arts and
25		physical culture, vocation and extension schools and

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1		lecture courses, and all other educational courses and
2		facilities, including establishing, equipping, maintaining
3		and operating playgrounds and recreational programs, when
4		such programs are conducted in, adjacent to, or connected
5		with any public school under the general supervision and
6		jurisdiction of the board; provided that the calendar for
7		the school term and any changes must be submitted to and
8		approved by the State Board of Education before the
9		calendar or changes may take effect, and provided that in
10		allocating funds from year to year for the operation of all
11		attendance centers within the district, the board shall
12		ensure that supplemental general State aid funds are
13		allocated and applied in accordance with Section 18-8 or
14		18-8.05. To admit to such schools without charge foreign
15		exchange students who are participants in an organized
16		exchange student program which is authorized by the board.
17		The board shall permit all students to enroll in
18		apprenticeship programs in trade schools operated by the
19		board, whether those programs are union-sponsored or not.
20		No student shall be refused admission into or be excluded
21		from any course of instruction offered in the common
22		schools by reason of that student's sex. No student shall
23		be denied equal access to physical education and
24		interscholastic athletic programs supported from school
25		district funds or denied participation in comparable
26		physical education and athletic programs solely by reason

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1		of the student's sex. Equal access to programs supported
2		from school district funds and comparable programs will be
3		defined in rules promulgated by the State Board of
4		Education in consultation with the Illinois High School
5		Association. Notwithstanding any other provision of this
6		Article, neither the board of education nor any local
7		school council or other school official shall recommend
8		that children with disabilities be placed into regular
9		education classrooms unless those children with
10		disabilities are provided with supplementary services to
11		assist them so that they benefit from the regular classroom
12		instruction and are included on the teacher's regular
13		education class register;
14		2. To furnish lunches to pupils, to make a reasonable
15		charge therefor, and to use school funds for the payment of
16		such expenses as the board may determine are necessary in
17		conducting the school lunch program;
18		3. To co-operate with the circuit court;
19		4. To make arrangements with the public or quasi-public
20		libraries and museums for the use of their facilities by
21		teachers and pupils of the public schools;
22		5. To employ dentists and prescribe their duties for
23		the purpose of treating the pupils in the schools, but
24		accepting such treatment shall be optional with parents or
25		guardians;
26		6. To grant the use of assembly halls and classrooms

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1		when not otherwise needed, including light, heat, and
2		attendants, for free public lectures, concerts, and other
3		educational and social interests, free of charge, under
4		such provisions and control as the principal of the
5		affected attendance center may prescribe;
6		7. To apportion the pupils to the several schools;
7		provided that no pupil shall be excluded from or segregated
8		in any such school on account of his color, race, sex, or
9		nationality. The board shall take into consideration the
10		prevention of segregation and the elimination of
11		separation of children in public schools because of color,
12		race, sex, or nationality. Except that children may be
13		committed to or attend parental and social adjustment
14		schools established and maintained either for boys or girls
15		only. All records pertaining to the creation, alteration or
16		revision of attendance areas shall be open to the public.
17		Nothing herein shall limit the board's authority to
18		establish multi-area attendance centers or other student
19		assignment systems for desegregation purposes or
20		otherwise, and to apportion the pupils to the several
21		schools. Furthermore, beginning in school year 1994-95,
22		pursuant to a board plan adopted by October 1, 1993, the
23		board shall offer, commencing on a phased-in basis, the
24		opportunity for families within the school district to
25		apply for enrollment of their children in any attendance
26		center within the school district which does not have

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1		selective admission requirements approved by the board.
2		The appropriate geographical area in which such open
3		enrollment may be exercised shall be determined by the
4		board of education. Such children may be admitted to any
5		such attendance center on a space available basis after all
6		children residing within such attendance center's area
7		have been accommodated. If the number of applicants from
8		outside the attendance area exceed the space available,
9		then successful applicants shall be selected by lottery.
10		The board of education's open enrollment plan must include
11		provisions that allow low income students to have access to
12		transportation needed to exercise school choice. Open
13		enrollment shall be in compliance with the provisions of
14		the Consent Decree and Desegregation Plan cited in Section
15		34-1.01;
16		8. To approve programs and policies for providing
17		transportation services to students. Nothing herein shall
18		be construed to permit or empower the State Board of
19		Education to order, mandate, or require busing or other
20		transportation of pupils for the purpose of achieving
21		racial balance in any school;
22		9. Subject to the limitations in this Article, to
23		establish and approve system-wide curriculum objectives
24		and standards, including graduation standards, which
25		reflect the multi-cultural diversity in the city and are
26		consistent with State law, provided that for all purposes

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1		of this Article courses or proficiency in American Sign
2		Language shall be deemed to constitute courses or
3		proficiency in a foreign language; and to employ principals
4		and teachers, appointed as provided in this Article, and
5		fix their compensation. The board shall prepare such
6		reports related to minimal competency testing as may be
7		requested by the State Board of Education, and in addition
8		shall monitor and approve special education and bilingual
9		education programs and policies within the district to
10		assure that appropriate services are provided in
11		accordance with applicable State and federal laws to
12		children requiring services and education in those areas;
13		10. To employ non-teaching personnel or utilize
14		volunteer personnel for: (i) non-teaching duties not
15		requiring instructional judgment or evaluation of pupils,
16		including library duties; and (ii) supervising study
17		halls, long distance teaching reception areas used
18		incident to instructional programs transmitted by
19		electronic media such as computers, video, and audio,
20		detention and discipline areas, and school-sponsored
21		extracurricular activities. The board may further utilize
22		volunteer non-certificated personnel or employ
23		non-certificated personnel to assist in the instruction of
24		pupils under the immediate supervision of a teacher holding
25		a valid certificate, directly engaged in teaching subject
26		matter or conducting activities; provided that the teacher

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1		shall be continuously aware of the non-certificated
2		persons' activities and shall be able to control or modify
3		them. The general superintendent shall determine
4		qualifications of such personnel and shall prescribe rules
5		for determining the duties and activities to be assigned to
6		such personnel;
7		10.5. To utilize volunteer personnel from a regional
8		School Crisis Assistance Team (S.C.A.T.), created as part
9		of the Safe to Learn Program established pursuant to
10		Section 25 of the Illinois Violence Prevention Act of 1995,
11		to provide assistance to schools in times of violence or
12		other traumatic incidents within a school community by
13		providing crisis intervention services to lessen the
14		effects of emotional trauma on individuals and the
15		community; the School Crisis Assistance Team Steering
16		Committee shall determine the qualifications for
17		volunteers;
18		11. To provide television studio facilities in not to
19		exceed one school building and to provide programs for
20		educational purposes, provided, however, that the board
21		shall not construct, acquire, operate, or maintain a
22		television transmitter; to grant the use of its studio
23		facilities to a licensed television station located in the
24		school district; and to maintain and operate not to exceed
25		one school radio transmitting station and provide programs
26		for educational purposes;

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1		12. To offer, if deemed appropriate, outdoor education
2		courses, including field trips within the State of
3		Illinois, or adjacent states, and to use school educational
4		funds for the expense of the said outdoor educational
5		programs, whether within the school district or not;
6		13. During that period of the calendar year not
7		embraced within the regular school term, to provide and
8		conduct courses in subject matters normally embraced in the
9		program of the schools during the regular school term and
10		to give regular school credit for satisfactory completion
11		by the student of such courses as may be approved for
12		credit by the State Board of Education;
13		14. To insure against any loss or liability of the
14		board, the former School Board Nominating Commission,
15		Local School Councils, the Chicago Schools Academic
16		Accountability Council, or the former Subdistrict Councils
17		or of any member, officer, agent or employee thereof,
18		resulting from alleged violations of civil rights arising
19		from incidents occurring on or after September 5, 1967 or
20		from the wrongful or negligent act or omission of any such
21		person whether occurring within or without the school
22		premises, provided the officer, agent or employee was, at
23		the time of the alleged violation of civil rights or
24		wrongful act or omission, acting within the scope of his
25		employment or under direction of the board, the former
26		School Board Nominating Commission, the Chicago Schools

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1		Academic Accountability Council, Local School Councils, or
2		the former Subdistrict Councils; and to provide for or
3		participate in insurance plans for its officers and
4		employees, including but not limited to retirement
5		annuities, medical, surgical and hospitalization benefits
6		in such types and amounts as may be determined by the
7		board; provided, however, that the board shall contract for
8		such insurance only with an insurance company authorized to
9		do business in this State. Such insurance may include
10		provision for employees who rely on treatment by prayer or
11		spiritual means alone for healing, in accordance with the
12		tenets and practice of a recognized religious
13		denomination;
14		15. To contract with the corporate authorities of any
15		municipality or the county board of any county, as the case
16		may be, to provide for the regulation of traffic in parking
17		areas of property used for school purposes, in such manner
18		as is provided by Section 11-209 of The Illinois Vehicle
19		Code, approved September 29, 1969, as amended;
20		16. (a) To provide, on an equal basis, access to a high
21		school campus and student directory information to the
22		official recruiting representatives of the armed forces of
23		Illinois and the United States for the purposes of
24		informing students of the educational and career
25		opportunities available in the military if the board has
26		provided such access to persons or groups whose purpose is

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1		to acquaint students with educational or occupational
2		opportunities available to them. The board is not required
3		to give greater notice regarding the right of access to
4		recruiting representatives than is given to other persons
5		and groups. In this paragraph 16, "directory information"
6		means a high school student's name, address, and telephone
7		number.
8		(b) If a student or his or her parent or guardian
9		submits a signed, written request to the high school before
10		the end of the student's sophomore year (or if the student
11		is a transfer student, by another time set by the high
12		school) that indicates that the student or his or her
13		parent or guardian does not want the student's directory
14		information to be provided to official recruiting
15		representatives under subsection (a) of this Section, the
16		high school may not provide access to the student's
17		directory information to these recruiting representatives.
18		The high school shall notify its students and their parents
19		or guardians of the provisions of this subsection (b).
20		(c) A high school may require official recruiting
21		representatives of the armed forces of Illinois and the
22		United States to pay a fee for copying and mailing a
23		student's directory information in an amount that is not
24		more than the actual costs incurred by the high school.
25		(d) Information received by an official recruiting
26		representative under this Section may be used only to

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1		provide information to students concerning educational and
2		career opportunities available in the military and may not
3		be released to a person who is not involved in recruiting
4		students for the armed forces of Illinois or the United
5		States;
6		17. (a) To sell or market any computer program
7		developed by an employee of the school district, provided
8		that such employee developed the computer program as a
9		direct result of his or her duties with the school district
10		or through the utilization of the school district resources
11		or facilities. The employee who developed the computer
12		program shall be entitled to share in the proceeds of such
13		sale or marketing of the computer program. The distribution
14		of such proceeds between the employee and the school
15		district shall be as agreed upon by the employee and the
16		school district, except that neither the employee nor the
17		school district may receive more than 90% of such proceeds.
18		The negotiation for an employee who is represented by an
19		exclusive bargaining representative may be conducted by
20		such bargaining representative at the employee's request.
21		(b) For the purpose of this paragraph 17:
22		(1) "Computer" means an internally programmed,
23		general purpose digital device capable of
24		automatically accepting data, processing data and
25		supplying the results of the operation.
26		(2) "Computer program" means a series of coded

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1		instructions or statements in a form acceptable to a
2		computer, which causes the computer to process data in
3		order to achieve a certain result.
4		(3) "Proceeds" means profits derived from
5		marketing or sale of a product after deducting the
6		expenses of developing and marketing such product;
7		18. To delegate to the general superintendent of
8		schools, by resolution, the authority to approve contracts
9		and expenditures in amounts of $10,000 or less;
10		19. Upon the written request of an employee, to
11		withhold from the compensation of that employee any dues,
12		payments or contributions payable by such employee to any
13		labor organization as defined in the Illinois Educational
14		Labor Relations Act. Under such arrangement, an amount
15		shall be withheld from each regular payroll period which is
16		equal to the pro rata share of the annual dues plus any
17		payments or contributions, and the board shall transmit
18		such withholdings to the specified labor organization
19		within 10 working days from the time of the withholding;
20		19a. Upon receipt of notice from the comptroller of a
21		municipality with a population of 500,000 or more, a county
22		with a population of 3,000,000 or more, the Cook County
23		Forest Preserve District, the Chicago Park District, the
24		Metropolitan Water Reclamation District, the Chicago
25		Transit Authority, or a housing authority of a municipality
26		with a population of 500,000 or more that a debt is due and

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1		owing the municipality, the county, the Cook County Forest
2		Preserve District, the Chicago Park District, the
3		Metropolitan Water Reclamation District, the Chicago
4		Transit Authority, or the housing authority by an employee
5		of the Chicago Board of Education, to withhold, from the
6		compensation of that employee, the amount of the debt that
7		is due and owing and pay the amount withheld to the
8		municipality, the county, the Cook County Forest Preserve
9		District, the Chicago Park District, the Metropolitan
10		Water Reclamation District, the Chicago Transit Authority,
11		or the housing authority; provided, however, that the
12		amount deducted from any one salary or wage payment shall
13		not exceed 25% of the net amount of the payment. Before the
14		Board deducts any amount from any salary or wage of an
15		employee under this paragraph, the municipality, the
16		county, the Cook County Forest Preserve District, the
17		Chicago Park District, the Metropolitan Water Reclamation
18		District, the Chicago Transit Authority, or the housing
19		authority shall certify that (i) the employee has been
20		afforded an opportunity for a hearing to dispute the debt
21		that is due and owing the municipality, the county, the
22		Cook County Forest Preserve District, the Chicago Park
23		District, the Metropolitan Water Reclamation District, the
24		Chicago Transit Authority, or the housing authority and
25		(ii) the employee has received notice of a wage deduction
26		order and has been afforded an opportunity for a hearing to

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1		object to the order. For purposes of this paragraph, "net
2		amount" means that part of the salary or wage payment
3		remaining after the deduction of any amounts required by
4		law to be deducted and "debt due and owing" means (i) a
5		specified sum of money owed to the municipality, the
6		county, the Cook County Forest Preserve District, the
7		Chicago Park District, the Metropolitan Water Reclamation
8		District, the Chicago Transit Authority, or the housing
9		authority for services, work, or goods, after the period
10		granted for payment has expired, or (ii) a specified sum of
11		money owed to the municipality, the county, the Cook County
12		Forest Preserve District, the Chicago Park District, the
13		Metropolitan Water Reclamation District, the Chicago
14		Transit Authority, or the housing authority pursuant to a
15		court order or order of an administrative hearing officer
16		after the exhaustion of, or the failure to exhaust,
17		judicial review;
18		20. The board is encouraged to employ a sufficient
19		number of certified school counselors to maintain a
20		student/counselor ratio of 250 to 1 by July 1, 1990. Each
21		counselor shall spend at least 75% of his work time in
22		direct contact with students and shall maintain a record of
23		such time;
24		21. To make available to students vocational and career
25		counseling and to establish 5 special career counseling
26		days for students and parents. On these days

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1		representatives of local businesses and industries shall
2		be invited to the school campus and shall inform students
3		of career opportunities available to them in the various
4		businesses and industries. Special consideration shall be
5		given to counseling minority students as to career
6		opportunities available to them in various fields. For the
7		purposes of this paragraph, minority student means a person
8		who is any of the following:
9		(a) American Indian or Alaska Native (a person having
10		origins in any of the original peoples of North and South
11		America, including Central America, and who maintains
12		tribal affiliation or community attachment).
13		(b) Asian (a person having origins in any of the
14		original peoples of the Far East, Southeast Asia, or the
15		Indian subcontinent, including, but not limited to,
16		Cambodia, China, India, Japan, Korea, Malaysia, Pakistan,
17		the Philippine Islands, Thailand, and Vietnam).
18		(c) Black or African American (a person having origins
19		in any of the black racial groups of Africa). Terms such as
20		"Haitian" or "Negro" can be used in addition to "Black or
21		African American".
22		(d) Hispanic or Latino (a person of Cuban, Mexican,
23		Puerto Rican, South or Central American, or other Spanish
24		culture or origin, regardless of race).
25		(e) Native Hawaiian or Other Pacific Islander (a person
26		having origins in any of the original peoples of Hawaii,

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1		Guam, Samoa, or other Pacific Islands).
2		Counseling days shall not be in lieu of regular school
3		days;
4		22. To report to the State Board of Education the
5		annual student dropout rate and number of students who
6		graduate from, transfer from or otherwise leave bilingual
7		programs;
8		23. Except as otherwise provided in the Abused and
9		Neglected Child Reporting Act or other applicable State or
10		federal law, to permit school officials to withhold, from
11		any person, information on the whereabouts of any child
12		removed from school premises when the child has been taken
13		into protective custody as a victim of suspected child
14		abuse. School officials shall direct such person to the
15		Department of Children and Family Services, or to the local
16		law enforcement agency if appropriate;
17		24. To develop a policy, based on the current state of
18		existing school facilities, projected enrollment and
19		efficient utilization of available resources, for capital
20		improvement of schools and school buildings within the
21		district, addressing in that policy both the relative
22		priority for major repairs, renovations and additions to
23		school facilities, and the advisability or necessity of
24		building new school facilities or closing existing schools
25		to meet current or projected demographic patterns within
26		the district;

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1		25. To make available to the students in every high
2		school attendance center the ability to take all courses
3		necessary to comply with the Board of Higher Education's
4		college entrance criteria effective in 1993;
5		26. To encourage mid-career changes into the teaching
6		profession, whereby qualified professionals become
7		certified teachers, by allowing credit for professional
8		employment in related fields when determining point of
9		entry on teacher pay scale;
10		27. To provide or contract out training programs for
11		administrative personnel and principals with revised or
12		expanded duties pursuant to this Act in order to assure
13		they have the knowledge and skills to perform their duties;
14		28. To establish a fund for the prioritized special
15		needs programs, and to allocate such funds and other lump
16		sum amounts to each attendance center in a manner
17		consistent with the provisions of part 4 of Section 34-2.3.
18		Nothing in this paragraph shall be construed to require any
19		additional appropriations of State funds for this purpose;
20		29. (Blank);
21		30. Notwithstanding any other provision of this Act or
22		any other law to the contrary, to contract with third
23		parties for services otherwise performed by employees,
24		including those in a bargaining unit, and to layoff those
25		employees upon 14 days written notice to the affected
26		employees. Those contracts may be for a period not to

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1		exceed 5 years and may be awarded on a system-wide basis.
2		The board may not operate more than 30 contract schools,
3		provided that the board may operate an additional 5
4		contract turnaround schools pursuant to item (5.5) of
5		subsection (d) of Section 34-8.3 of this Code;
6		31. To promulgate rules establishing procedures
7		governing the layoff or reduction in force of employees and
8		the recall of such employees, including, but not limited
9		to, criteria for such layoffs, reductions in force or
10		recall rights of such employees and the weight to be given
11		to any particular criterion. Such criteria shall take into
12		account factors including, but not be limited to,
13		qualifications, certifications, experience, performance
14		ratings or evaluations, and any other factors relating to
15		an employee's job performance;
16		32. To develop a policy to prevent nepotism in the
17		hiring of personnel or the selection of contractors;
18		33. To enter into a partnership agreement, as required
19		by Section 34-3.5 of this Code, and, notwithstanding any
20		other provision of law to the contrary, to promulgate
21		policies, enter into contracts, and take any other action
22		necessary to accomplish the objectives and implement the
23		requirements of that agreement; and
24		34. To establish a Labor Management Council to the
25		board comprised of representatives of the board, the chief
26		executive officer, and those labor organizations that are

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1		the exclusive representatives of employees of the board and
2		to promulgate policies and procedures for the operation of
3		the Council.
4		The specifications of the powers herein granted are not to
5		be construed as exclusive but the board shall also exercise all
6		other powers that they may be requisite or proper for the
7		maintenance and the development of a public school system, not
8		inconsistent with the other provisions of this Article or
9		provisions of this Code which apply to all school districts.
10		In addition to the powers herein granted and authorized to
11		be exercised by the board, it shall be the duty of the board to
12		review or to direct independent reviews of special education
13		expenditures and services. The board shall file a report of
14		such review with the General Assembly on or before May 1, 1990.
15		(Source: P.A. 96-105, eff. 7-30-09; 97-227, eff. 1-1-12;
16		97-396, eff. 1-1-12; 97-813, eff. 7-13-12.)
17		(105 ILCS 5/34-128) (from Ch. 122, par. 34-128)
18		Sec. 34-128. The Board shall provide free bus
19		transportation for every child who is a child with a mental
20		disability who is trainable trainable mentally disabled, as
21		defined in Article 14, who resides at a distance of one mile or
22		more from any school to which he is assigned for attendance and
23		who the State Board of Education determines in advance requires
24		special transportation service in order to take advantage of
25		special educational facilities.

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1		The board may levy, without regard to any other legally
2		authorized tax and in addition to such taxes, an annual tax
3		upon all the taxable property in the school district at a rate
4		not to exceed .005% of the value, as equalized or assessed by
5		the Department of Revenue, that will produce an amount not to
6		exceed the annual cost of transportation provided in accordance
7		with this Section. The board shall deduct from the cost of such
8		transportation any amount reimbursed by the State under Article
9		14. Such levy is authorized in the year following the school
10		year in which the transportation costs were incurred by the
11		district.
12		(Source: P.A. 89-397, eff. 8-20-95.)
13		Section 435. The State Universities Civil Service Act is
14		amended by changing Sections 36d and 36s as follows:
15		(110 ILCS 70/36d) (from Ch. 24 1/2, par. 38b3)
16		Sec. 36d. Powers and duties of the Merit Board.
17		The Merit Board shall have the power and duty-
18		(1) To approve a classification plan prepared under its
19		direction, assigning to each class positions of substantially
20		similar duties. The Merit Board shall have power to delegate to
21		its Director the duty of assigning each position in the
22		classified service to the appropriate class in the
23		classification plan approved by the Merit Board.
24		(2) To prescribe the duties of each class of positions and

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1		the qualifications required by employment in that class.
2		(3) To prescribe the range of compensation for each class
3		or to fix a single rate of compensation for employees in a
4		particular class; and to establish other conditions of
5		employment which an employer and employee representatives have
6		agreed upon as fair and equitable. The Merit Board shall direct
7		the payment of the "prevailing rate of wages" in those
8		classifications in which, on January 1, 1952, any employer is
9		paying such prevailing rate and in such other classes as the
10		Merit Board may thereafter determine. "Prevailing rate of
11		wages" as used herein shall be the wages paid generally in the
12		locality in which the work is being performed to employees
13		engaged in work of a similar character. Each employer covered
14		by the University System shall be authorized to negotiate with
15		representatives of employees to determine appropriate ranges
16		or rates of compensation or other conditions of employment and
17		may recommend to the Merit Board for establishment the rates or
18		ranges or other conditions of employment which the employer and
19		employee representatives have agreed upon as fair and
20		equitable. Any rates or ranges established prior to January 1,
21		1952, and hereafter, shall not be changed except in accordance
22		with the procedures herein provided.
23		(4) To recommend to the institutions and agencies specified
24		in Section 36e standards for hours of work, holidays, sick
25		leave, overtime compensation and vacation for the purpose of
26		improving conditions of employment covered therein and for the

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1		purpose of insuring conformity with the prevailing rate
2		principal.
3		(5) To prescribe standards of examination for each class,
4		the examinations to be related to the duties of such class. The
5		Merit Board shall have power to delegate to the Director and
6		his staff the preparation, conduct and grading of examinations.
7		Examinations may be written, oral, by statement of training and
8		experience, in the form of tests of knowledge, skill, capacity,
9		intellect, aptitude; or, by any other method, which in the
10		judgment of the Merit Board is reasonable and practical for any
11		particular classification. Different examining procedures may
12		be determined for the examinations in different
13		classifications but all examinations in the same
14		classification shall be uniform.
15		(6) To authorize the continuous recruitment of personnel
16		and to that end, to delegate to the Director and his staff the
17		power and the duty to conduct open and continuous competitive
18		examinations for all classifications of employment.
19		(7) To cause to be established from the results of
20		examinations registers for each class of positions in the
21		classified service of the State Universities Civil Service
22		System, of the persons who shall attain the minimum mark fixed
23		by the Merit Board for the examination; and such persons shall
24		take rank upon the registers as candidates in the order of
25		their relative excellence as determined by examination,
26		without reference to priority of time of examination.

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1		(8) To provide by its rules for promotions in the
2		classified service. Vacancies shall be filled by promotion
3		whenever practicable. For the purpose of this paragraph, an
4		advancement in class shall constitute a promotion.
5		(9) To set a probationary period of employment of no less
6		than 6 months and no longer than 12 months for each class of
7		positions in the classification plan, the length of the
8		probationary period for each class to be determined by the
9		Director.
10		(10) To provide by its rules for employment at regular
11		rates of compensation of persons with physical disabilities
12		physically handicapped persons in positions in which the
13		disability handicap does not prevent the individual from
14		furnishing satisfactory service.
15		(11) To make and publish rules, to carry out the purpose of
16		the State Universities Civil Service System and for
17		examination, appointments, transfers and removals and for
18		maintaining and keeping records of the efficiency of officers
19		and employees and groups of officers and employees in
20		accordance with the provisions of Sections 36b to 36q,
21		inclusive, and said Merit Board may from time to time make
22		changes in such rules.
23		(12) To appoint a Director and such assistants and other
24		clerical and technical help as may be necessary efficiently to
25		administer Sections 36b to 36q, inclusive. To authorize the
26		Director to appoint an assistant resident at the place of

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1		employment of each employer specified in Section 36e and this
2		assistant may be authorized to give examinations and to certify
3		names from the regional registers provided in Section 36k.
4		(13) To submit to the Governor of this state on or before
5		November 1 of each year prior to the regular session of the
6		General Assembly a report of the University System's business
7		and an estimate of the amount of appropriation from state funds
8		required for the purpose of administering the University
9		System.
10		(Source: P.A. 82-524.)
11		(110 ILCS 70/36s) (from Ch. 24 1/2, par. 38b18)
12		Sec. 36s. Supported employees.
13		(a) The Merit Board shall develop and implement a supported
14		employment program. It shall be the goal of the program to
15		appoint a minimum of 10 supported employees to State University
16		civil service positions before June 30, 1992.
17		(b) The Merit Board shall designate a liaison to work with
18		State agencies and departments, any funder or provider or both,
19		and State universities in the implementation of a supported
20		employment program.
21		(c) As used in this Section:
22		(1) "Supported employee" means any individual who:
23		(A) has a severe physical or mental disability
24		which seriously limits functional capacities,
25		including but not limited to, mobility, communication,

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1		self-care, self-direction, work tolerance or work
2		skills, in terms of employability as defined,
3		determined and certified by the Department of Human
4		Services; and
5		(B) has one or more physical or mental disabilities
6		resulting from amputation; arthritis; blindness;
7		cancer; cerebral palsy; cystic fibrosis; deafness;
8		heart disease; hemiplegia; respiratory or pulmonary
9		dysfunction; an intellectual disability; mental
10		illness; multiple sclerosis; muscular dystrophy;
11		musculoskeletal disorders; neurological disorders,
12		including stroke and epilepsy; paraplegia;
13		quadriplegia and other spinal cord conditions; sickle
14		cell anemia; and end-stage renal disease; or another
15		disability or combination of disabilities determined
16		on the basis of an evaluation of rehabilitation
17		potential to cause comparable substantial functional
18		limitation.
19		(2) "Supported employment" means competitive work in
20		integrated work settings:
21		(A) for individuals with severe disabilities
22		handicaps for whom competitive employment has not
23		traditionally occurred, or
24		(B) for individuals for whom competitive
25		employment has been interrupted or intermittent as a
26		result of a severe disability, and who because of their

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1		disability handicap, need on-going support services to
2		perform such work. The term includes transitional
3		employment for individuals with chronic mental
4		illness.
5		(3) "Participation in a supported employee program"
6		means participation as a supported employee that is not
7		based on the expectation that an individual will have the
8		skills to perform all the duties in a job class, but on the
9		assumption that with support and adaptation, or both, a job
10		can be designed to take advantage of the supported
11		employee's special strengths.
12		(4) "Funder" means any entity either State, local or
13		federal, or private not-for-profit or for-profit that
14		provides monies to programs that provide services related
15		to supported employment.
16		(5) "Provider" means any entity either public or
17		private that provides technical support and services to any
18		department or agency subject to the control of the
19		Governor, the Secretary of State or the University Civil
20		Service System.
21		(d) The Merit Board shall establish job classifications for
22		supported employees who may be appointed into the
23		classifications without open competitive testing requirements.
24		Supported employees shall serve in a trial employment capacity
25		for not less than 3 or more than 12 months.
26		(e) The Merit Board shall maintain a record of all

HB4049 Engrossed - 860 - LRB099 03667 KTG 23678 b
1		individuals hired as supported employees. The record shall
2		include:
3		(1) the number of supported employees initially
4		appointed;
5		(2) the number of supported employees who successfully
6		complete the trial employment periods; and
7		(3) the number of permanent targeted positions by
8		titles.
9		(f) The Merit Board shall submit an annual report to the
10		General Assembly regarding the employment progress of
11		supported employees, with recommendations for legislative
12		action.
13		(Source: P.A. 97-227, eff. 1-1-12.)
14		Section 440. The Board of Higher Education Act is amended
15		by changing Section 9.16 as follows:
16		(110 ILCS 205/9.16) (from Ch. 144, par. 189.16)
17		Sec. 9.16. Underrepresentation of certain groups in higher
18		education. To require public institutions of higher education
19		to develop and implement methods and strategies to increase the
20		participation of minorities, women and individuals with
21		disabilities handicapped individuals who are traditionally
22		underrepresented in education programs and activities. For the
23		purpose of this Section, minorities shall mean persons who are
24		citizens of the United States or lawful permanent resident

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1		aliens of the United States and who are any of the following:
2		(1) American Indian or Alaska Native (a person having
3		origins in any of the original peoples of North and South
4		America, including Central America, and who maintains
5		tribal affiliation or community attachment).
6		(2) Asian (a person having origins in any of the
7		original peoples of the Far East, Southeast Asia, or the
8		Indian subcontinent, including, but not limited to,
9		Cambodia, China, India, Japan, Korea, Malaysia, Pakistan,
10		the Philippine Islands, Thailand, and Vietnam).
11		(3) Black or African American (a person having origins
12		in any of the black racial groups of Africa). Terms such as
13		"Haitian" or "Negro" can be used in addition to "Black or
14		African American".
15		(4) Hispanic or Latino (a person of Cuban, Mexican,
16		Puerto Rican, South or Central American, or other Spanish
17		culture or origin, regardless of race).
18		(5) Native Hawaiian or Other Pacific Islander (a person
19		having origins in any of the original peoples of Hawaii,
20		Guam, Samoa, or other Pacific Islands).
21		The Board shall adopt any rules necessary to administer
22		this Section. The Board shall also do the following:
23		(a) require all public institutions of higher education to
24		develop and submit plans for the implementation of this
25		Section;
26		(b) conduct periodic review of public institutions of

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1		higher education to determine compliance with this Section; and
2		if the Board finds that a public institution of higher
3		education is not in compliance with this Section, it shall
4		notify the institution of steps to take to attain compliance;
5		(c) provide advice and counsel pursuant to this Section;
6		(d) conduct studies of the effectiveness of methods and
7		strategies designed to increase participation of students in
8		education programs and activities in which minorities, women
9		and individuals with disabilities handicapped individuals are
10		traditionally underrepresented, and monitor the success of
11		students in such education programs and activities;
12		(e) encourage minority student recruitment and retention
13		in colleges and universities. In implementing this paragraph,
14		the Board shall undertake but need not be limited to the
15		following: the establishment of guidelines and plans for public
16		institutions of higher education for minority student
17		recruitment and retention, the review and monitoring of
18		minority student programs implemented at public institutions
19		of higher education to determine their compliance with any
20		guidelines and plans so established, the determination of the
21		effectiveness and funding requirements of minority student
22		programs at public institutions of higher education, the
23		dissemination of successful programs as models, and the
24		encouragement of cooperative partnerships between community
25		colleges and local school attendance centers which are
26		experiencing difficulties in enrolling minority students in

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1		four-year colleges and universities;
2		(f) mandate all public institutions of higher education to
3		submit data and information essential to determine compliance
4		with this Section. The Board shall prescribe the format and the
5		date for submission of this data and any other education equity
6		data; and
7		(g) report to the General Assembly and the Governor
8		annually with a description of the plans submitted by each
9		public institution of higher education for implementation of
10		this Section, including financial data relating to the most
11		recent fiscal year expenditures for specific minority
12		programs, the effectiveness of such plans and programs and the
13		effectiveness of the methods and strategies developed by the
14		Board in meeting the purposes of this Section, the degree of
15		compliance with this Section by each public institution of
16		higher education as determined by the Board pursuant to its
17		periodic review responsibilities, and the findings made by the
18		Board in conducting its studies and monitoring student success
19		as required by paragraph d) of this Section. With respect to
20		each public institution of higher education such report also
21		shall include, but need not be limited to, information with
22		respect to each institution's minority program budget
23		allocations; minority student admission, retention and
24		graduation statistics; admission, retention, and graduation
25		statistics of all students who are the first in their immediate
26		family to attend an institution of higher education; number of

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1		financial assistance awards to undergraduate and graduate
2		minority students; and minority faculty representation. This
3		paragraph shall not be construed to prohibit the Board from
4		making, preparing or issuing additional surveys or studies with
5		respect to minority education in Illinois.
6		(Source: P.A. 97-396, eff. 1-1-12; 97-588, eff. 1-1-12; 97-813,
7		eff. 7-13-12.)
8		Section 445. The University of Illinois Act is amended by
9		changing Section 9 as follows:
10		(110 ILCS 305/9) (from Ch. 144, par. 30)
11		Sec. 9. Scholarships for children of veterans. For each of
12		the following periods of hostilities, each county shall be
13		entitled, annually, to one honorary scholarship in the
14		University, for the benefit of the children of persons who
15		served in the armed forces of the United States: the Civil War,
16		World War I, any time between September 16, 1940 and the
17		termination of World War II, any time during the national
18		emergency between June 25, 1950 and January 31, 1955, any time
19		during the Viet Nam conflict between January 1, 1961 and May 7,
20		1975, any time on or after August 2, 1990 and until Congress or
21		the President orders that persons in service are no longer
22		eligible for the Southwest Asia Service Medal, Operation
23		Enduring Freedom, and Operation Iraqi Freedom. Preference
24		shall be given to the children of persons who are deceased or

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1		to the children of persons who have a disability disabled. Such
2		scholarships shall be granted to such pupils as shall, upon
3		public examination, conducted as the board of trustees of the
4		University may determine, be decided to have attained the
5		greatest proficiency in the branches of learning usually taught
6		in the secondary schools, and who shall be of good moral
7		character, and not less than 15 years of age. Such pupils, so
8		selected, shall be entitled to receive, without charge for
9		tuition, instruction in any or all departments of the
10		University for a term of at least 4 consecutive years. Such
11		pupils shall conform, in all respects, to the rules and
12		regulations of the University, established for the government
13		of the pupils in attendance.
14		(Source: P.A. 95-64, eff. 1-1-08.)
15		Section 450. The University of Illinois Hospital Act is
16		amended by changing Section 6 as follows:
17		(110 ILCS 330/6) (from Ch. 23, par. 1376)
18		Sec. 6. No otherwise qualified child with a disability
19		handicapped child receiving special education and related
20		services under Article 14 of The School Code shall solely by
21		reason of his or her disability handicap be excluded from the
22		participation in or be denied the benefits of or be subjected
23		to discrimination under any program or activity provided by the
24		University of Illinois Hospital.

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1		(Source: P.A. 80-1403.)
2		Section 455. The Specialized Care for Children Act is
3		amended by changing Sections 1 and 3 as follows:
4		(110 ILCS 345/1) (from Ch. 144, par. 67.1)
5		Sec. 1. The University of Illinois is hereby designated as
6		the agency to receive, administer, and to hold in its own
7		treasury federal funds and aid in relation to the
8		administration of its Division of Specialized Care for
9		Children. The Board of Trustees of the University of Illinois
10		shall have a charge upon all claims, demands and causes of
11		action for injuries to an applicant for or recipient of
12		financial aid for the total amount of medical assistance
13		provided the recipient by the Division from the time of injury
14		to the date of recovery upon such claim, demand or cause of
15		action. The Board of Trustees of the University of Illinois may
16		cooperate with the United States Children's Bureau of the
17		Department of Health, Education and Welfare, or with any
18		successor or other federal agency, in the administration of the
19		Division of Specialized Care for Children, and shall have full
20		responsibility for the expenditure of federal and state funds,
21		or monies recovered as the result of a judgment or settlement
22		of a lawsuit or from an insurance or personal settlement
23		arising from a claim relating to a recipient child's medical
24		condition, as well as any aid which may be made available to

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1		the Board of Trustees for administering, through the Division
2		of Specialized Care for Children, a program of services for
3		children with physical disabilities or who are who are
4		physically disabled or suffering from conditions which may lead
5		to a physical disability, including medical, surgical,
6		corrective and other services and care, and facilities for
7		diagnosis, hospitalization and aftercare of such children.
8		(Source: P.A. 97-227, eff. 1-1-12.)
9		(110 ILCS 345/3) (from Ch. 144, par. 67.3)
10		Sec. 3. No otherwise qualified child with a disability
11		handicapped child receiving special education services under
12		Article 14 of The School Code shall solely by reason of his or
13		her disability handicap be excluded from the participation in
14		or be denied the benefits of or be subjected to discrimination
15		under any program or activity provided by the Division of
16		Specialized Care for Children.
17		(Source: P.A. 87-203.)
18		Section 460. The Public Community College Act is amended by
19		changing Sections 3-20.3.01 and 3-49 as follows:
20		(110 ILCS 805/3-20.3.01) (from Ch. 122, par. 103-20.3.01)
21		Sec. 3-20.3.01. Whenever, as a result of any lawful order
22		of any agency, other than a local community college board,
23		having authority to enforce any law or regulation designed for

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1		the protection, health or safety of community college students,
2		employees or visitors, or any law or regulation for the
3		protection and safety of the environment, pursuant to the
4		"Environmental Protection Act", any local community college
5		district, including any district to which Article VII of this
6		Act applies, is required to alter or repair any physical
7		facilities, or whenever any district determines that it is
8		necessary for energy conservation, health or safety,
9		environmental protection or handicapped accessibility purposes
10		that any physical facilities should be altered or repaired and
11		that such alterations or repairs will be made with funds not
12		necessary for the completion of approved and recommended
13		projects for fire prevention and safety, or whenever after the
14		effective date of this amendatory Act of 1984 any district,
15		including any district to which Article VII applies, provides
16		for alterations or repairs determined by the local community
17		college board to be necessary for health and safety,
18		environmental protection, handicapped accessibility or energy
19		conservation purposes, such district may, by proper resolution
20		which specifically identifies the project and which is adopted
21		pursuant to the provisions of the Open Meetings Act, levy a tax
22		for the purpose of paying for such alterations or repairs, or
23		survey by a licensed architect or engineer, upon the equalized
24		assessed value of all the taxable property of the district at a
25		rate not to exceed .05% per year for a period sufficient to
26		finance such alterations or repairs, upon the following

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1		conditions:
2		(a) When in the judgment of the local community college
3		board of trustees there are not sufficient funds available in
4		the operations and maintenance fund of the district to
5		permanently pay for such alterations or repairs so ordered,
6		determined as necessary.
7		(b) When a certified estimate of a licensed architect or
8		engineer stating the estimated amount that is necessary to make
9		the alterations or repairs so ordered or determined as
10		necessary has been secured by the local community college
11		district and the project and estimated amount have been
12		approved by the Executive Director of the State Board.
13		The filing of a certified copy of the resolution or
14		ordinance levying the tax when accompanied by the certificate
15		of approval of the Executive Director of the State Board shall
16		be the authority of the county clerk or clerks to extend such
17		tax; provided, however, that in no event shall the extension
18		for the current and preceding years, if any, under this Section
19		be greater than the amount so approved, and interest on bonds
20		issued pursuant to this Section and in the event such current
21		extension and preceding extensions exceed such approval and
22		interest, it shall be reduced proportionately.
23		The county clerk of each of the counties in which any
24		community college district levying a tax under the authority of
25		this Section is located, in reducing raised levies, shall not
26		consider any such tax as a part of the general levy for

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1		community college purposes and shall not include the same in
2		the limitation of any other tax rate which may be extended.
3		Such tax shall be levied and collected in like manner as all
4		other taxes of community college districts.
5		The tax rate limit hereinabove specified in this Section
6		may be increased to .10% upon the approval of a proposition to
7		effect such increase by a majority of the electors voting on
8		that proposition at a regular scheduled election. Such
9		proposition may be initiated by resolution of the local
10		community college board and shall be certified by the secretary
11		of the local community college board to the proper election
12		authorities for submission in accordance with the general
13		election law.
14		Each local community college district authorized to levy
15		any tax pursuant to this Section may also or in the alternative
16		by proper resolution or ordinance borrow money for such
17		specifically identified purposes not in excess of $4,500,000 in
18		the aggregate at any one time when in the judgment of the local
19		community college board of trustees there are not sufficient
20		funds available in the operations and maintenance fund of the
21		district to permanently pay for such alterations or repairs so
22		ordered or determined as necessary and a certified estimate of
23		a licensed architect or engineer stating the estimated amount
24		has been secured by the local community college district and
25		the project and the estimated amount have been approved by the
26		State Board, and as evidence of such indebtedness may issue

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1		bonds without referendum. However, Community College District
2		No. 522 and Community College District No. 536 may or in the
3		alternative by proper resolution or ordinance borrow money for
4		such specifically identified purposes not in excess of
5		$20,000,000 in the aggregate at any one time when in the
6		judgment of the community college board of trustees there are
7		not sufficient funds available in the operations and
8		maintenance fund of the district to permanently pay for such
9		alterations or repairs so ordered or determined as necessary
10		and a certified estimate of a licensed architect or engineer
11		stating the estimated amount has been secured by the community
12		college district and the project and the estimated amount have
13		been approved by the State Board, and as evidence of such
14		indebtedness may issue bonds without referendum. Such bonds
15		shall bear interest at a rate or rates authorized by "An Act to
16		authorize public corporations to issue bonds, other evidences
17		of indebtedness and tax anticipation warrants subject to
18		interest rate limitations set forth therein", approved May 26,
19		1970, as now or hereafter amended, shall mature within 20 years
20		from date, and shall be signed by the chairman, secretary and
21		treasurer of the local community college board.
22		In order to authorize and issue such bonds the local
23		community college board shall adopt a resolution fixing the
24		amount of bonds, the date thereof, the maturities thereof and
25		rates of interest thereof, and the board by such resolution, or
26		in a district to which Article VII applies the city council

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1		upon demand and under the direction of the board by ordinance,
2		shall provide for the levy and collection of a direct annual
3		tax upon all the taxable property in the local community
4		college district sufficient to pay the principal and interest
5		on such bonds to maturity. Upon the filing in the office of the
6		county clerk of each of the counties in which the community
7		college district is located of a certified copy of such
8		resolution or ordinance it is the duty of the county clerk or
9		clerks to extend the tax therefor without limit as to rate or
10		amount and in addition to and in excess of all other taxes
11		heretofore or hereafter authorized to be levied by such
12		community college district.
13		The State Board shall prepare and enforce regulations and
14		specifications for minimum requirements for the construction,
15		remodeling or rehabilitation of heating, ventilating, air
16		conditioning, lighting, seating, water supply, toilet,
17		handicapped accessibility, fire safety and any other matter
18		that will conserve, preserve or provide for the protection and
19		the health or safety of individuals in or on community college
20		property and will conserve the integrity of the physical
21		facilities of the district.
22		This Section is cumulative and constitutes complete
23		authority for the issuance of bonds as provided in this Section
24		notwithstanding any other statute or law to the contrary.
25		(Source: P.A. 96-561, eff. 1-1-10.)

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1		(110 ILCS 805/3-49) (from Ch. 122, par. 103-49)
2		Sec. 3-49. Each Board of Trustees of a Community College
3		District may, at its discretion, appoint an Employment Advisory
4		Board. Such Employment Advisory Board shall consist of not more
5		than 15 members appointed to terms of 4 years, and their
6		membership shall include, but not be limited to,
7		representatives of the following groups:
8		(a) small businesses;
9		(b) large businesses which employ residents of the
10		Community College District;
11		(c) governmental units which employ residents of the
12		Community College District;
13		(d) non-profit private organizations;
14		(e) organizations which serve as advocates for persons with
15		disabilities the handicapped; and
16		(f) employee organizations.
17		(Source: P.A. 85-458.)
18		Section 465. The Higher Education Student Assistance Act is
19		amended by changing Sections 50, 52, 55, 60, 65.15, 65.70, and
20		105 as follows:
21		(110 ILCS 947/50)
22		Sec. 50. Minority Teachers of Illinois scholarship
23		program.
24		(a) As used in this Section:

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1		"Eligible applicant" means a minority student who has
2		graduated from high school or has received a high school
3		equivalency certificate and has maintained a cumulative
4		grade point average of no less than 2.5 on a 4.0 scale, and
5		who by reason thereof is entitled to apply for scholarships
6		to be awarded under this Section.
7		"Minority student" means a student who is any of the
8		following:
9		(1) American Indian or Alaska Native (a person
10		having origins in any of the original peoples of North
11		and South America, including Central America, and who
12		maintains tribal affiliation or community attachment).
13		(2) Asian (a person having origins in any of the
14		original peoples of the Far East, Southeast Asia, or
15		the Indian subcontinent, including, but not limited
16		to, Cambodia, China, India, Japan, Korea, Malaysia,
17		Pakistan, the Philippine Islands, Thailand, and
18		Vietnam).
19		(3) Black or African American (a person having
20		origins in any of the black racial groups of Africa).
21		Terms such as "Haitian" or "Negro" can be used in
22		addition to "Black or African American".
23		(4) Hispanic or Latino (a person of Cuban, Mexican,
24		Puerto Rican, South or Central American, or other
25		Spanish culture or origin, regardless of race).
26		(5) Native Hawaiian or Other Pacific Islander (a

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1		person having origins in any of the original peoples of
2		Hawaii, Guam, Samoa, or other Pacific Islands).
3		"Qualified student" means a person (i) who is a
4		resident of this State and a citizen or permanent resident
5		of the United States; (ii) who is a minority student, as
6		defined in this Section; (iii) who, as an eligible
7		applicant, has made a timely application for a minority
8		teaching scholarship under this Section; (iv) who is
9		enrolled on at least a half-time basis at a qualified
10		Illinois institution of higher learning; (v) who is
11		enrolled in a course of study leading to teacher
12		certification, including alternative teacher
13		certification; (vi) who maintains a grade point average of
14		no less than 2.5 on a 4.0 scale; and (vii) who continues to
15		advance satisfactorily toward the attainment of a degree.
16		(b) In order to encourage academically talented Illinois
17		minority students to pursue teaching careers at the preschool
18		or elementary or secondary school level, each qualified student
19		shall be awarded a minority teacher scholarship to any
20		qualified Illinois institution of higher learning. However,
21		preference may be given to qualified applicants enrolled at or
22		above the junior level.
23		(c) Each minority teacher scholarship awarded under this
24		Section shall be in an amount sufficient to pay the tuition and
25		fees and room and board costs of the qualified Illinois
26		institution of higher learning at which the recipient is

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1		enrolled, up to an annual maximum of $5,000; except that in the
2		case of a recipient who does not reside on-campus at the
3		institution at which he or she is enrolled, the amount of the
4		scholarship shall be sufficient to pay tuition and fee expenses
5		and a commuter allowance, up to an annual maximum of $5,000.
6		(d) The total amount of minority teacher scholarship
7		assistance awarded by the Commission under this Section to an
8		individual in any given fiscal year, when added to other
9		financial assistance awarded to that individual for that year,
10		shall not exceed the cost of attendance at the institution at
11		which the student is enrolled. If the amount of minority
12		teacher scholarship to be awarded to a qualified student as
13		provided in subsection (c) of this Section exceeds the cost of
14		attendance at the institution at which the student is enrolled,
15		the minority teacher scholarship shall be reduced by an amount
16		equal to the amount by which the combined financial assistance
17		available to the student exceeds the cost of attendance.
18		(e) The maximum number of academic terms for which a
19		qualified student can receive minority teacher scholarship
20		assistance shall be 8 semesters or 12 quarters.
21		(f) In any academic year for which an eligible applicant
22		under this Section accepts financial assistance through the
23		Paul Douglas Teacher Scholarship Program, as authorized by
24		Section 551 et seq. of the Higher Education Act of 1965, the
25		applicant shall not be eligible for scholarship assistance
26		awarded under this Section.

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1		(g) All applications for minority teacher scholarships to
2		be awarded under this Section shall be made to the Commission
3		on forms which the Commission shall provide for eligible
4		applicants. The form of applications and the information
5		required to be set forth therein shall be determined by the
6		Commission, and the Commission shall require eligible
7		applicants to submit with their applications such supporting
8		documents or recommendations as the Commission deems
9		necessary.
10		(h) Subject to a separate appropriation for such purposes,
11		payment of any minority teacher scholarship awarded under this
12		Section shall be determined by the Commission. All scholarship
13		funds distributed in accordance with this subsection shall be
14		paid to the institution and used only for payment of the
15		tuition and fee and room and board expenses incurred by the
16		student in connection with his or her attendance as an
17		undergraduate student at a qualified Illinois institution of
18		higher learning. Any minority teacher scholarship awarded
19		under this Section shall be applicable to 2 semesters or 3
20		quarters of enrollment. If a qualified student withdraws from
21		enrollment prior to completion of the first semester or quarter
22		for which the minority teacher scholarship is applicable, the
23		school shall refund to the Commission the full amount of the
24		minority teacher scholarship.
25		(i) The Commission shall administer the minority teacher
26		scholarship aid program established by this Section and shall

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1		make all necessary and proper rules not inconsistent with this
2		Section for its effective implementation.
3		(j) When an appropriation to the Commission for a given
4		fiscal year is insufficient to provide scholarships to all
5		qualified students, the Commission shall allocate the
6		appropriation in accordance with this subsection. If funds are
7		insufficient to provide all qualified students with a
8		scholarship as authorized by this Section, the Commission shall
9		allocate the available scholarship funds for that fiscal year
10		on the basis of the date the Commission receives a complete
11		application form.
12		(k) Notwithstanding the provisions of subsection (j) or any
13		other provision of this Section, at least 30% of the funds
14		appropriated for scholarships awarded under this Section in
15		each fiscal year shall be reserved for qualified male minority
16		applicants. If the Commission does not receive enough
17		applications from qualified male minorities on or before
18		January 1 of each fiscal year to award 30% of the funds
19		appropriated for these scholarships to qualified male minority
20		applicants, then the Commission may award a portion of the
21		reserved funds to qualified female minority applicants.
22		(l) Prior to receiving scholarship assistance for any
23		academic year, each recipient of a minority teacher scholarship
24		awarded under this Section shall be required by the Commission
25		to sign an agreement under which the recipient pledges that,
26		within the one-year period following the termination of the

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1		program for which the recipient was awarded a minority teacher
2		scholarship, the recipient (i) shall begin teaching for a
3		period of not less than one year for each year of scholarship
4		assistance he or she was awarded under this Section; and (ii)
5		shall fulfill this teaching obligation at a nonprofit Illinois
6		public, private, or parochial preschool, elementary school, or
7		secondary school at which no less than 30% of the enrolled
8		students are minority students in the year during which the
9		recipient begins teaching at the school; and (iii) shall, upon
10		request by the Commission, provide the Commission with evidence
11		that he or she is fulfilling or has fulfilled the terms of the
12		teaching agreement provided for in this subsection.
13		(m) If a recipient of a minority teacher scholarship
14		awarded under this Section fails to fulfill the teaching
15		obligation set forth in subsection (l) of this Section, the
16		Commission shall require the recipient to repay the amount of
17		the scholarships received, prorated according to the fraction
18		of the teaching obligation not completed, at a rate of interest
19		equal to 5%, and, if applicable, reasonable collection fees.
20		The Commission is authorized to establish rules relating to its
21		collection activities for repayment of scholarships under this
22		Section. All repayments collected under this Section shall be
23		forwarded to the State Comptroller for deposit into the State's
24		General Revenue Fund.
25		(n) A recipient of minority teacher scholarship shall not
26		be considered in violation of the agreement entered into

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1		pursuant to subsection (l) if the recipient (i) enrolls on a
2		full time basis as a graduate student in a course of study
3		related to the field of teaching at a qualified Illinois
4		institution of higher learning; (ii) is serving, not in excess
5		of 3 years, as a member of the armed services of the United
6		States; (iii) is a person with a temporary total disability
7		temporarily totally disabled for a period of time not to exceed
8		3 years as established by sworn affidavit of a qualified
9		physician; (iv) is seeking and unable to find full time
10		employment as a teacher at an Illinois public, private, or
11		parochial preschool or elementary or secondary school that
12		satisfies the criteria set forth in subsection (l) of this
13		Section and is able to provide evidence of that fact; (v)
14		becomes a person with a permanent total disability permanently
15		totally disabled as established by sworn affidavit of a
16		qualified physician; (vi) is taking additional courses, on at
17		least a half-time basis, needed to obtain certification as a
18		teacher in Illinois; or (vii) is fulfilling teaching
19		requirements associated with other programs administered by
20		the Commission and cannot concurrently fulfill them under this
21		Section in a period of time equal to the length of the teaching
22		obligation.
23		(o) Scholarship recipients under this Section who withdraw
24		from a program of teacher education but remain enrolled in
25		school to continue their postsecondary studies in another
26		academic discipline shall not be required to commence repayment

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1		of their Minority Teachers of Illinois scholarship so long as
2		they remain enrolled in school on a full-time basis or if they
3		can document for the Commission special circumstances that
4		warrant extension of repayment.
5		(Source: P.A. 97-396, eff. 1-1-12; 98-718, eff. 1-1-15.)
6		(110 ILCS 947/52)
7		Sec. 52. Golden Apple Scholars of Illinois Program; Golden
8		Apple Foundation for Excellence in Teaching.
9		(a) In this Section, "Foundation" means the Golden Apple
10		Foundation for Excellence in Teaching, a registered 501(c)(3)
11		not-for-profit corporation.
12		(a-2) In order to encourage academically talented Illinois
13		students, especially minority students, to pursue teaching
14		careers, especially in teacher shortage disciplines (which
15		shall be defined to include early childhood education) or at
16		hard-to-staff schools (as defined by the Commission in
17		consultation with the State Board of Education), to provide
18		those students with the crucial mentoring, guidance, and
19		in-service support that will significantly increase the
20		likelihood that they will complete their full teaching
21		commitments and elect to continue teaching in targeted
22		disciplines and hard-to-staff schools, and to ensure that
23		students in this State will continue to have access to a pool
24		of highly-qualified teachers, each qualified student shall be
25		awarded a Golden Apple Scholars of Illinois Program scholarship

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1		to any Illinois institution of higher learning. The Commission
2		shall administer the Golden Apple Scholars of Illinois Program,
3		which shall be managed by the Foundation pursuant to the terms
4		of a grant agreement meeting the requirements of Section 4 of
5		the Illinois Grant Funds Recovery Act.
6		(a-3) For purposes of this Section, a qualified student
7		shall be a student who meets the following qualifications:
8		(1) is a resident of this State and a citizen or
9		eligible noncitizen of the United States;
10		(2) is a high school graduate or a person who has
11		received a high school equivalency certificate;
12		(3) is enrolled or accepted, on at least a half-time
13		basis, at an institution of higher learning;
14		(4) is pursuing a postsecondary course of study leading
15		to initial certification or pursuing additional course
16		work needed to gain State Board of Education approval to
17		teach, including alternative teacher licensure; and
18		(5) is a participant in programs managed by and is
19		approved to receive a scholarship from the Foundation.
20		(a-5) (Blank).
21		(b) (Blank).
22		(b-5) Funds designated for the Golden Apple Scholars of
23		Illinois Program shall be used by the Commission for the
24		payment of scholarship assistance under this Section or for the
25		award of grant funds, subject to the Illinois Grant Funds
26		Recovery Act, to the Foundation. Subject to appropriation,

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1		awards of grant funds to the Foundation shall be made on an
2		annual basis and following an application for grant funds by
3		the Foundation.
4		(b-10) Each year, the Foundation shall include in its
5		application to the Commission for grant funds an estimate of
6		the amount of scholarship assistance to be provided to
7		qualified students during the grant period. Any amount of
8		appropriated funds exceeding the estimated amount of
9		scholarship assistance may be awarded by the Commission to the
10		Foundation for management expenses expected to be incurred by
11		the Foundation in providing the mentoring, guidance, and
12		in-service supports that will increase the likelihood that
13		qualified students will complete their teaching commitments
14		and elect to continue teaching in hard-to-staff schools. If the
15		estimate of the amount of scholarship assistance described in
16		the Foundation's application is less than the actual amount
17		required for the award of scholarship assistance to qualified
18		students, the Foundation shall be responsible for using awarded
19		grant funds to ensure all qualified students receive
20		scholarship assistance under this Section.
21		(b-15) All grant funds not expended or legally obligated
22		within the time specified in a grant agreement between the
23		Foundation and the Commission shall be returned to the
24		Commission within 45 days. Any funds legally obligated by the
25		end of a grant agreement shall be liquidated within 45 days or
26		otherwise returned to the Commission within 90 days after the

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1		end of the grant agreement that resulted in the award of grant
2		funds.
3		(c) Each scholarship awarded under this Section shall be in
4		an amount sufficient to pay the tuition and fees and room and
5		board costs of the Illinois institution of higher learning at
6		which the recipient is enrolled, up to an annual maximum of
7		$5,000; except that in the case of a recipient who does not
8		reside on-campus at the institution of higher learning at which
9		he or she is enrolled, the amount of the scholarship shall be
10		sufficient to pay tuition and fee expenses and a commuter
11		allowance, up to an annual maximum of $5,000. All scholarship
12		funds distributed in accordance with this Section shall be paid
13		to the institution on behalf of recipients.
14		(d) The total amount of scholarship assistance awarded by
15		the Commission under this Section to an individual in any given
16		fiscal year, when added to other financial assistance awarded
17		to that individual for that year, shall not exceed the cost of
18		attendance at the institution of higher learning at which the
19		student is enrolled. In any academic year for which a qualified
20		student under this Section accepts financial assistance
21		through any other teacher scholarship program administered by
22		the Commission, a qualified student shall not be eligible for
23		scholarship assistance awarded under this Section.
24		(e) A recipient may receive up to 8 semesters or 12
25		quarters of scholarship assistance under this Section.
26		Scholarship funds are applicable toward 2 semesters or 3

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1		quarters of enrollment each academic year.
2		(f) All applications for scholarship assistance to be
3		awarded under this Section shall be made to the Foundation in a
4		form determined by the Foundation. Each year, the Foundation
5		shall notify the Commission of the individuals awarded
6		scholarship assistance under this Section. Each year, at least
7		30% of the Golden Apple Scholars of Illinois Program
8		scholarships shall be awarded to students residing in counties
9		having a population of less than 500,000.
10		(g) (Blank).
11		(h) The Commission shall administer the payment of
12		scholarship assistance provided through the Golden Apple
13		Scholars of Illinois Program and shall make all necessary and
14		proper rules not inconsistent with this Section for the
15		effective implementation of this Section.
16		(i) Prior to receiving scholarship assistance for any
17		academic year, each recipient of a scholarship awarded under
18		this Section shall be required by the Foundation to sign an
19		agreement under which the recipient pledges that, within the
20		2-year period following the termination of the academic program
21		for which the recipient was awarded a scholarship, the
22		recipient: (i) shall begin teaching for a period of not less
23		than 5 years, (ii) shall fulfill this teaching obligation at a
24		nonprofit Illinois public, private, or parochial preschool or
25		an Illinois public elementary or secondary school that
26		qualifies for teacher loan cancellation under Section

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1		465(a)(2)(A) of the federal Higher Education Act of 1965 (20
2		U.S.C. 1087ee(a)(2)(A)) or other Illinois schools deemed
3		eligible for fulfilling the teaching commitment as designated
4		by the Foundation, and (iii) shall, upon request of the
5		Foundation, provide the Foundation with evidence that he or she
6		is fulfilling or has fulfilled the terms of the teaching
7		agreement provided for in this subsection. Upon request, the
8		Foundation shall provide evidence of teacher fulfillment to the
9		Commission.
10		(j) If a recipient of a scholarship awarded under this
11		Section fails to fulfill the teaching obligation set forth in
12		subsection (i) of this Section, the Commission shall require
13		the recipient to repay the amount of the scholarships received,
14		prorated according to the fraction of the teaching obligation
15		not completed, plus interest at a rate of 5% and if applicable,
16		reasonable collection fees. Payments received by the
17		Commission under this subsection (j) shall be remitted to the
18		State Comptroller for deposit into the General Revenue Fund,
19		except that that portion of a recipient's repayment that equals
20		the amount in expenses that the Commission has reasonably
21		incurred in attempting collection from that recipient shall be
22		remitted to the State Comptroller for deposit into the
23		Commission's Accounts Receivable Fund.
24		(k) A recipient of a scholarship awarded by the Foundation
25		under this Section shall not be considered to have failed to
26		fulfill the teaching obligations of the agreement entered into

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1		pursuant to subsection (i) if the recipient (i) enrolls on a
2		full-time basis as a graduate student in a course of study
3		related to the field of teaching at an institution of higher
4		learning; (ii) is serving as a member of the armed services of
5		the United States; (iii) is a person with a temporary total
6		disability temporarily totally disabled, as established by
7		sworn affidavit of a qualified physician; (iv) is seeking and
8		unable to find full-time employment as a teacher at a school
9		that satisfies the criteria set forth in subsection (i) and is
10		able to provide evidence of that fact; (v) is taking additional
11		courses, on at least a half-time basis, needed to obtain
12		certification as a teacher in Illinois; (vi) is fulfilling
13		teaching requirements associated with other programs
14		administered by the Commission and cannot concurrently fulfill
15		them under this Section in a period of time equal to the length
16		of the teaching obligation; or (vii) is participating in a
17		program established under Executive Order 10924 of the
18		President of the United States or the federal National
19		Community Service Act of 1990 (42 U.S.C. 12501 et seq.). Any
20		such extension of the period during which the teaching
21		requirement must be fulfilled shall be subject to limitations
22		of duration as established by the Commission.
23		(l) A recipient who fails to fulfill the teaching
24		obligations of the agreement entered into pursuant to
25		subsection (i) of this Section shall repay the amount of
26		scholarship assistance awarded to them under this Section

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1		within 10 years.
2		(m) Annually, at a time determined by the Commission in
3		consultation with the Foundation, the Foundation shall submit a
4		report to assist the Commission in monitoring the Foundation's
5		performance of grant activities. The report shall describe the
6		following:
7		(1) the Foundation's anticipated expenditures for the
8		next fiscal year;
9		(2) the number of qualified students receiving
10		scholarship assistance at each institution of higher
11		learning where a qualified student was enrolled under this
12		Section during the previous fiscal year;
13		(3) the total monetary value of scholarship funds paid
14		to each institution of higher learning at which a qualified
15		student was enrolled during the previous fiscal year;
16		(4) the number of scholarship recipients who completed
17		a baccalaureate degree during the previous fiscal year;
18		(5) the number of scholarship recipients who fulfilled
19		their teaching obligation during the previous fiscal year;
20		(6) the number of scholarship recipients who failed to
21		fulfill their teaching obligation during the previous
22		fiscal year;
23		(7) the number of scholarship recipients granted an
24		extension described in subsection (k) of this Section
25		during the previous fiscal year;
26		(8) the number of scholarship recipients required to

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1		repay scholarship assistance in accordance with subsection
2		(j) of this Section during the previous fiscal year;
3		(9) the number of scholarship recipients who
4		successfully repaid scholarship assistance in full during
5		the previous fiscal year;
6		(10) the number of scholarship recipients who
7		defaulted on their obligation to repay scholarship
8		assistance during the previous fiscal year;
9		(11) the amount of scholarship assistance subject to
10		collection in accordance with subsection (j) of this
11		Section at the end of the previous fiscal year;
12		(12) the amount of collected funds to be remitted to
13		the Comptroller in accordance with subsection (j) of this
14		Section at the end of the previous fiscal year; and
15		(13) other information that the Commission may
16		reasonably request.
17		(n) Nothing in this Section shall affect the rights of the
18		Commission to collect moneys owed to it by recipients of
19		scholarship assistance through the Illinois Future Teacher
20		Corps Program, repealed by this amendatory Act of the 98th
21		General Assembly.
22		(o) The Auditor General shall prepare an annual audit of
23		the operations and finances of the Golden Apple Scholars of
24		Illinois Program. This audit shall be provided to the Governor,
25		General Assembly, and the Commission.
26		(p) The suspension of grant making authority found in

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1		Section 4.2 of the Illinois Grant Funds Recovery Act shall not
2		apply to grants made pursuant to this Section.
3		(Source: P.A. 98-533, eff. 8-23-13; 98-718, eff. 1-1-15.)
4		(110 ILCS 947/55)
5		Sec. 55. Police officer or fire officer survivor grant.
6		Grants shall be provided for any spouse, natural child, legally
7		adopted child, or child in the legal custody of police officers
8		and fire officers who are killed or who become a person with a
9		permanent disability permanently disabled with 90% to 100%
10		disability in the line of duty while employed by, or in the
11		voluntary service of, this State or any local public entity in
12		this State. Beneficiaries need not be Illinois residents at the
13		time of enrollment in order to receive this grant.
14		Beneficiaries are entitled to 8 semesters or 12 quarters of
15		full payment of tuition and mandatory fees at any
16		State-sponsored Illinois institution of higher learning for
17		either full or part-time study, or the equivalent of 8
18		semesters or 12 quarters of payment of tuition and mandatory
19		fees at the rate established by the Commission for private
20		institutions in the State of Illinois, provided the recipient
21		is maintaining satisfactory academic progress. This benefit
22		may be used for undergraduate or graduate study. The benefits
23		of this Section shall be administered by and paid out of funds
24		available to the Commission and shall accrue to the bona fide
25		applicant without the requirement of demonstrating financial

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1		need to qualify for those benefits.
2		(Source: P.A. 91-670, eff. 12-22-99.)
3		(110 ILCS 947/60)
4		Sec. 60. Grants for dependents of Department of Corrections
5		employees who are killed or who become a person with a
6		permanent disability permanently disabled in the line of duty.
7		Any spouse, natural child, legally adopted child, or child in
8		the legal custody of an employee of the Department of
9		Corrections who is assigned to a security position with the
10		Department with responsibility for inmates of any correctional
11		institution under the jurisdiction of the Department and who is
12		killed or who becomes a person with a permanent disability
13		permanently disabled with 90% to 100% disability in the line of
14		duty is entitled to 8 semesters or 12 quarters of full payment
15		of tuition and mandatory fees at any State-supported Illinois
16		institution of higher learning for either full or part-time
17		study, or the equivalent of 8 semesters or 12 quarters of
18		payment of tuition and mandatory fees at the rate established
19		by the Commission for private institutions in the State of
20		Illinois, provided the recipient is maintaining satisfactory
21		academic progress. This benefit may be used for undergraduate
22		or graduate study. Beneficiaries need not be Illinois residents
23		at the time of enrollment in order to receive this grant. The
24		benefits of this Section shall be administered by and paid out
25		of funds available to the Commission and shall accrue to the

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1		bona fide applicant without the requirement of demonstrating
2		financial need to qualify for those benefits.
3		(Source: P.A. 91-670, eff. 12-22-99.)
4		(110 ILCS 947/65.15)
5		Sec. 65.15. Special education teacher scholarships.
6		(a) There shall be awarded annually 250 scholarships to
7		persons qualifying as members of any of the following groups:
8		(1) Students who are otherwise qualified to receive a
9		scholarship as provided in subsections (b) and (c) of this
10		Section and who make application to the Commission for such
11		scholarship and agree to take courses that will prepare the
12		student for the teaching of children described in Section
13		14-1 of the School Code.
14		(2) Persons holding a valid certificate issued under
15		the laws relating to the certification of teachers and who
16		make application to the Commission for such scholarship and
17		agree to take courses that will prepare them for the
18		teaching of children described in Section 14-1 of the
19		School Code.
20		(3) Persons who (A) have graduated high school; (B)
21		have not been certified as a teacher; and (C) make
22		application to the Commission for such scholarship and
23		agree to take courses that will prepare them for the
24		teaching of children described in Section 14-1 of the
25		School Code.

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1		Scholarships awarded under this Section shall be issued
2		pursuant to regulations promulgated by the Commission;
3		provided that no rule or regulation promulgated by the State
4		Board of Education prior to the effective date of this
5		amendatory Act of 1993 pursuant to the exercise of any right,
6		power, duty, responsibility or matter of pending business
7		transferred from the State Board of Education to the Commission
8		under this Section shall be affected thereby, and all such
9		rules and regulations shall become the rules and regulations of
10		the Commission until modified or changed by the Commission in
11		accordance with law.
12		For the purposes of this Section scholarships awarded each
13		school year shall be deemed to be issued on July 1 of the year
14		prior to the start of the postsecondary school term and all
15		calculations for use of the scholarship shall be based on such
16		date. Each scholarship shall entitle its holder to exemption
17		from fees as provided in subsection (a) of Section 65.40 while
18		enrolled in a special education program of teacher education,
19		for a period of not more than 4 calendar years and shall be
20		available for use at any time during such period of study
21		except as provided in subsection (b) of Section 65.40.
22		Scholarships issued to holders of a valid certificate
23		issued under the laws relating to the certification of teachers
24		as provided in paragraph (2) of this subsection may also
25		entitle the holder thereof to a program of teacher education
26		that will prepare the student for the teaching of children

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1		described in Section 14-1 of the School Code at the graduate
2		level.
3		(b) The principal, or his or her designee, of an approved
4		high school shall certify to the Commission, for students who
5		are Illinois residents and are completing an application, that
6		the students ranked scholastically in the upper one-half of
7		their graduating class at the end of the sixth semester.
8		(c) Each holder of a scholarship must furnish proof to the
9		Commission, in such form and at such intervals as the
10		Commission prescribes, of the holder's continued enrollment in
11		a teacher education program qualifying the holder for the
12		scholarship. Any holder of a scholarship who fails to register
13		in a special education program of teacher education at the
14		university within 10 days after the commencement of the term,
15		quarter or semester immediately following the receipt of the
16		scholarship or who, having registered, withdraws from the
17		university or transfers out of teacher education, shall
18		thereupon forfeit the right to use it and it may be granted to
19		the person having the next highest rank as shown on the list
20		held by the Commission. If the person having the next highest
21		rank, within 10 days after notification thereof by the
22		Commission, fails to register at any such university in a
23		special education program of teacher education, or who, having
24		registered, withdraws from the university or transfers out of
25		teacher education, the scholarship may then be granted to the
26		person shown on the list as having the rank next below such

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1		person.
2		(d) Any person who has accepted a scholarship under the
3		preceding subsections of this Section must, within one year
4		after graduation from or termination of enrollment in a teacher
5		education program, begin teaching at a nonprofit Illinois
6		public, private, or parochial preschool or elementary or
7		secondary school for a period of at least 2 of the 5 years
8		immediately following that graduation or termination,
9		excluding, however, from the computation of that 5 year period
10		(i) any time up to 3 years spent in the military service,
11		whether such service occurs before or after the person
12		graduates; (ii) any time that person is enrolled full-time in
13		an academic program related to the field of teaching leading to
14		a graduate or postgraduate degree; (iii) the time that person
15		is a person with a temporary total disability temporarily
16		totally disabled for a period of time not to exceed 3 years, as
17		established by the sworn affidavit of a qualified physician;
18		(iv) the time that person is seeking and unable to find full
19		time employment as a teacher at an Illinois public, private, or
20		parochial school; (v) the time that person is taking additional
21		courses, on at least a half-time basis, needed to obtain
22		certification as a teacher in Illinois; or (vi) the time that
23		person is fulfilling teaching requirements associated with
24		other programs administered by the Commission if he or she
25		cannot concurrently fulfill them under this Section in a period
26		of time equal to the length of the teaching obligation.

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1		A person who has accepted a scholarship under the preceding
2		subsections of this Section and who has been unable to fulfill
3		the teaching requirements of this Section may receive a
4		deferment from the obligation of repayment under this
5		subsection (d) under guidelines established by the Commission;
6		provided that no guideline established for any such purpose by
7		the State Board of Education prior to the effective date of
8		this amendatory Act of 1993 shall be affected by the transfer
9		to the Commission of the responsibility for administering and
10		implementing the provisions of this Section, and all guidelines
11		so established shall become the guidelines of the Commission
12		until modified or changed by the Commission.
13		Any such person who fails to fulfill this teaching
14		requirement shall pay to the Commission the amount of tuition
15		waived by virtue of his or her acceptance of the scholarship,
16		together with interest at 5% per year on that amount. However,
17		this obligation to repay the amount of tuition waived plus
18		interest does not apply when the failure to fulfill the
19		teaching requirement results from the death or adjudication as
20		a person under legal disability of the person holding the
21		scholarship, and no claim for repayment may be filed against
22		the estate of such a decedent or person under legal disability.
23		Payments received by the Commission under this subsection (d)
24		shall be remitted to the State Treasurer for deposit in the
25		General Revenue Fund. Each person receiving a scholarship shall
26		be provided with a description of the provisions of this

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1		subsection (d) at the time he or she qualifies for the benefits
2		of such a scholarship.
3		(e) This Section is basically the same as Sections 30-1,
4		30-2, 30-3, and 30-4a of the School Code, which are repealed by
5		this amendatory Act of 1993, and shall be construed as a
6		continuation of the teacher scholarship program established by
7		that prior law, and not as a new or different teacher
8		scholarship program. The State Board of Education shall
9		transfer to the Commission, as the successor to the State Board
10		of Education for all purposes of administering and implementing
11		the provisions of this Section, all books, accounts, records,
12		papers, documents, contracts, agreements, and pending business
13		in any way relating to the teacher scholarship program
14		continued under this Section; and all scholarships at any time
15		awarded under that program by, and all applications for any
16		such scholarships at any time made to, the State Board of
17		Education shall be unaffected by the transfer to the Commission
18		of all responsibility for the administration and
19		implementation of the teacher scholarship program continued
20		under this Section. The State Board of Education shall furnish
21		to the Commission such other information as the Commission may
22		request to assist it in administering this Section.
23		(Source: P.A. 94-133, eff. 7-1-06.)
24		(110 ILCS 947/65.70)
25		Sec. 65.70. Optometric Education Scholarship Program.

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1		(a) The General Assembly finds and declares that the
2		provision of graduate education leading to a doctoral degree in
3		optometry for persons of this State who desire such an
4		education is important to the health and welfare of this State
5		and Nation and, consequently, is an important public purpose.
6		Many qualified potential optometrists are deterred by
7		financial considerations from pursuing their optometric
8		education with consequent irreparable loss to the State and
9		Nation of talents vital to health and welfare. A program of
10		scholarships, repayment of which may be excused if the
11		individual practices professional optometry in this State,
12		will enable such individuals to attend qualified public or
13		private institutions of their choice in the State.
14		(b) Beginning with the 2003-2004 academic year, the
15		Commission shall, each year, consider applications for
16		scholarship assistance under this Section. An applicant is
17		eligible for a scholarship under this Section if the Commission
18		finds that the applicant is:
19		(1) a United States citizen or eligible noncitizen;
20		(2) a resident of Illinois; and
21		(3) enrolled on a full-time basis in a public or
22		private college of optometry located in this State that
23		awards a doctorate degree in optometry and is approved by
24		the Department of Professional Regulation.
25		(c) Each year the Commission shall award 10 scholarships
26		under this Section among applicants qualified pursuant to

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1		subsection (b). Two of these scholarships each shall be awarded
2		to eligible applicants enrolled in their first year, second
3		year, third year, and fourth year. The remaining 2 scholarships
4		shall be awarded to any level of student. The Commission shall
5		receive funding for the scholarships through appropriations
6		from the Optometric Licensing and Disciplinary Board Fund. If
7		in any year the number of qualified applicants exceeds the
8		number of scholarships to be awarded, the Commission shall give
9		priority in awarding scholarships to students demonstrating
10		exceptional merit and who are in financial need. A scholarship
11		shall be in the amount of $5,000 each year applicable to
12		tuition and fees.
13		(d) The total amount of scholarship assistance awarded by
14		the Commission under this Section to an individual in any given
15		fiscal year, when added to other financial assistance awarded
16		to that individual for that year, shall not exceed the cost of
17		attendance at the institution at which the student is enrolled.
18		(e) A recipient may receive up to 8 semesters or 12
19		quarters of scholarship assistance under this Section.
20		(f) Subject to a separate appropriation made for such
21		purposes, payment of any scholarship awarded under this Section
22		shall be determined by the Commission. All scholarship funds
23		distributed in accordance with this Section shall be paid to
24		the institution on behalf of the recipients. Scholarship funds
25		are applicable toward 2 semesters or 3 quarters of enrollment
26		within an academic year.

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1		(g) The Commission shall administer the Optometric
2		Education Scholarship Program established by this Section and
3		shall make all necessary and proper rules not inconsistent with
4		this Section for its effective implementation.
5		(h) Prior to receiving scholarship assistance for any
6		academic year, each recipient of a scholarship awarded under
7		this Section shall be required by the Commission to sign an
8		agreement under which the recipient pledges that, within the
9		one-year period following the termination of the academic
10		program for which the recipient was awarded a scholarship, the
11		recipient shall practice in this State as a licensed
12		optometrist under the Illinois Optometric Practice Act of 1987
13		for a period of not less than one year for each year of
14		scholarship assistance awarded under this Section. Each
15		recipient shall, upon request of the Commission, provide the
16		Commission with evidence that he or she is fulfilling or has
17		fulfilled the terms of the practice agreement provided for in
18		this subsection.
19		(i) If a recipient of a scholarship awarded under this
20		Section fails to fulfill the practice obligation set forth in
21		subsection (h) of this Section, the Commission shall require
22		the recipient to repay the amount of the scholarships received,
23		prorated according to the fraction of the obligation not
24		completed, plus interest at a rate of 5% and, if applicable,
25		reasonable collection fees. The Commission is authorized to
26		establish rules relating to its collection activities for

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1		repayment of scholarships under this Section.
2		(j) A recipient of a scholarship awarded by the Commission
3		under this Section shall not be in violation of the agreement
4		entered into pursuant to subsection (h) if the recipient (i) is
5		serving as a member of the armed services of the United States;
6		(ii) is enrolled in a residency program following graduation at
7		an approved institution; (iii) is a person with a temporary
8		total disability temporarily totally disabled, as established
9		by sworn affidavit of a qualified physician; or (iii) cannot
10		fulfill the employment obligation due to his or her death,
11		disability, or incompetency, as established by sworn affidavit
12		of a qualified physician. No claim for repayment may be filed
13		against the estate of such a decedent or incompetent. Any
14		extension of the period during which the employment requirement
15		must be fulfilled shall be subject to limitations of duration
16		as established by the Commission.
17		(Source: P.A. 92-569, eff. 6-26-02.)
18		(110 ILCS 947/105)
19		Sec. 105. Procedure on default. Upon default by the
20		borrower on any loan guaranteed under this Act, upon the death
21		of the borrower, or upon report from the lender that the
22		borrower has become a person with a total and permanent
23		disability totally and permanently disabled, as determined in
24		accordance with the Higher Education Act of 1965, the lender
25		shall promptly notify the Commission, and the Commission shall

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1		pay to the lender the amount of loss sustained by the lender
2		upon that loan as soon as that amount has been determined. The
3		amount of loss on any loan shall be determined in accordance
4		with the definitions, rules, and regulations of the Commission,
5		and shall not exceed (1) the unpaid balance of the principal
6		amount; (2) the unpaid accrued interest; and (3) the unpaid
7		late charges.
8		Upon payment by the Commission of the guaranteed portion of
9		the loss, the Commission shall be subrogated to the rights of
10		the holder of the obligation upon the insured loan and shall be
11		entitled to an assignment of the note or other evidence of the
12		guaranteed loan by the lender. The Commission shall file any
13		and all lawsuits on delinquent and defaulted student loans in
14		the County of Cook where venue shall be deemed to be proper. A
15		defendant may request a change of venue to the county where he
16		resides, and the court has the authority to grant the change.
17		Any defendant, within 30 days of service of summons, may file a
18		written request by mail with the Commission to change venue.
19		Upon receipt, the Commission shall move the court for the
20		change of venue.
21		The Commission shall upon the filing and completion of the
22		requirements for the "Adjustment of Debts of an Individual with
23		Regular Income", pursuant to Title 11, Chapter l3 of the United
24		States Code, proceed to collect the outstanding balance of the
25		loan guaranteed under this Act. Educational loans guaranteed
26		under this Act shall not be discharged by the filing of the

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1		"Adjustment of Debts of an Individual with Regular Income",
2		unless the loan first became due more than 5 years, exclusive
3		of any applicable suspension period, prior to the filing of the
4		petition; or unless excepting the debt from discharge will
5		impose an undue hardship on the debtor and the debtor's
6		dependents.
7		The Commission shall proceed to recover educational loans
8		upon the filing of a petition under "Individual Liquidation",
9		pursuant to Title 11, Chapter 7 of the United States Code,
10		unless the loan first became due more than 5 years, exclusive
11		of any applicable suspension period, prior to the filing of the
12		petition; or unless excepting the debt from discharge will
13		impose an undue hardship on the debtor and the debtor's
14		dependents.
15		Nothing in this Section shall be construed to preclude any
16		forbearance for the benefit of the borrower which may be agreed
17		upon by the party to the guaranteed loan and approved by the
18		Commission, to preclude forbearance by the Commission in the
19		enforcement of the guaranteed obligation after payment on that
20		guarantee, or to require collection of the amount of any loan
21		by the lender or by the Commission from the estate of a
22		deceased borrower or from a borrower found by the lender to
23		have become a person with a total and permanent disability
24		permanently and totally disabled.
25		Nothing in this Section shall be construed to excuse the
26		holder of a loan from exercising reasonable care and diligence

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1		in the making and collection of loans under this Act. If the
2		Commission after reasonable notice and opportunity for hearing
3		to a lender finds that it has substantially failed to exercise
4		such care and diligence, the Commission shall disqualify that
5		lender for the guarantee of further loans until the Commission
6		is satisfied that the lender's failure has ceased and finds
7		that there is reasonable assurance that the lender will in the
8		future exercise necessary care and diligence or comply with the
9		rules and regulations of the Commission.
10		(Source: P.A. 87-997.)
11		Section 470. The Nurse Educator Assistance Act is amended
12		by changing Section 15-30 as follows:
13		(110 ILCS 967/15-30)
14		Sec. 15-30. Repayment upon default; exception.
15		(a) If a recipient of a scholarship awarded under this
16		Section fails to fulfill the work agreement required under the
17		program, the Commission shall require the recipient to repay
18		the amount of the scholarship or scholarships received,
19		prorated according to the fraction of the work agreement not
20		completed, plus interest at a rate of 5% and, if applicable,
21		reasonable collection fees.
22		(b) Payments received by the Commission under this Section
23		shall be remitted to the State Comptroller for deposit into the
24		General Revenue Fund, except that that portion of a recipient's

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1		repayment that equals the amount in expenses that the
2		Commission has reasonably incurred in attempting collection
3		from that recipient shall be remitted to the State Comptroller
4		for deposit into the Commission's Accounts Receivable Fund.
5		(c) A recipient of a scholarship awarded by the Commission
6		under the program shall not be in violation of the agreement
7		entered into pursuant to this Article if the recipient is (i)
8		serving as a member of the armed services of the United States,
9		(ii) a person with a temporary total disability temporarily
10		totally disabled, as established by a sworn affidavit of a
11		qualified physician, (iii) seeking and unable to find full-time
12		employment as a nursing educator and is able to provide
13		evidence of that fact, or (iv) taking additional courses, on at
14		least a half-time basis, related to nursing education. Any
15		extension of the period during which the work requirement must
16		be fulfilled shall be subject to limitations of duration
17		established by the Commission.
18		(Source: P.A. 94-1020, eff. 7-11-06.)
19		Section 475. The Senior Citizen Courses Act is amended by
20		changing Section 1 as follows:
21		(110 ILCS 990/1) (from Ch. 144, par. 1801)
22		Sec. 1. Definitions. For the purposes of this Act:
23		(a) "Public institutions of higher education" means the
24		University of Illinois, Southern Illinois University, Chicago

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1		State University, Eastern Illinois University, Governors State
2		University, Illinois State University, Northeastern Illinois
3		University, Northern Illinois University, Western Illinois
4		University, and the public community colleges subject to the
5		"Public Community College Act".
6		(b) "Credit Course" means any program of study for which
7		public institutions of higher education award credit hours.
8		(c) "Senior citizen" means any person 65 years or older
9		whose annual household income is less than the threshold amount
10		provided in Section 4 of the "Senior Citizens and Persons with
11		Disabilities Disabled Persons Property Tax Relief Act",
12		approved July 17, 1972, as amended.
13		(Source: P.A. 97-689, eff. 6-14-12.)
14		Section 480. The Illinois Banking Act is amended by
15		changing Section 48.1 as follows:
16		(205 ILCS 5/48.1) (from Ch. 17, par. 360)
17		Sec. 48.1. Customer financial records; confidentiality.
18		(a) For the purpose of this Section, the term "financial
19		records" means any original, any copy, or any summary of:
20		(1) a document granting signature authority over a
21		deposit or account;
22		(2) a statement, ledger card or other record on any
23		deposit or account, which shows each transaction in or with
24		respect to that account;

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1		(3) a check, draft or money order drawn on a bank or
2		issued and payable by a bank; or
3		(4) any other item containing information pertaining
4		to any relationship established in the ordinary course of a
5		bank's business between a bank and its customer, including
6		financial statements or other financial information
7		provided by the customer.
8		(b) This Section does not prohibit:
9		(1) The preparation, examination, handling or
10		maintenance of any financial records by any officer,
11		employee or agent of a bank having custody of the records,
12		or the examination of the records by a certified public
13		accountant engaged by the bank to perform an independent
14		audit.
15		(2) The examination of any financial records by, or the
16		furnishing of financial records by a bank to, any officer,
17		employee or agent of (i) the Commissioner of Banks and Real
18		Estate, (ii) after May 31, 1997, a state regulatory
19		authority authorized to examine a branch of a State bank
20		located in another state, (iii) the Comptroller of the
21		Currency, (iv) the Federal Reserve Board, or (v) the
22		Federal Deposit Insurance Corporation for use solely in the
23		exercise of his duties as an officer, employee, or agent.
24		(3) The publication of data furnished from financial
25		records relating to customers where the data cannot be
26		identified to any particular customer or account.

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1		(4) The making of reports or returns required under
2		Chapter 61 of the Internal Revenue Code of 1986.
3		(5) Furnishing information concerning the dishonor of
4		any negotiable instrument permitted to be disclosed under
5		the Uniform Commercial Code.
6		(6) The exchange in the regular course of business of
7		(i) credit information between a bank and other banks or
8		financial institutions or commercial enterprises, directly
9		or through a consumer reporting agency or (ii) financial
10		records or information derived from financial records
11		between a bank and other banks or financial institutions or
12		commercial enterprises for the purpose of conducting due
13		diligence pursuant to a purchase or sale involving the bank
14		or assets or liabilities of the bank.
15		(7) The furnishing of information to the appropriate
16		law enforcement authorities where the bank reasonably
17		believes it has been the victim of a crime.
18		(8) The furnishing of information under the Uniform
19		Disposition of Unclaimed Property Act.
20		(9) The furnishing of information under the Illinois
21		Income Tax Act and the Illinois Estate and
22		Generation-Skipping Transfer Tax Act.
23		(10) The furnishing of information under the federal
24		Currency and Foreign Transactions Reporting Act Title 31,
25		United States Code, Section 1051 et seq.
26		(11) The furnishing of information under any other

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1		statute that by its terms or by regulations promulgated
2		thereunder requires the disclosure of financial records
3		other than by subpoena, summons, warrant, or court order.
4		(12) The furnishing of information about the existence
5		of an account of a person to a judgment creditor of that
6		person who has made a written request for that information.
7		(13) The exchange in the regular course of business of
8		information between commonly owned banks in connection
9		with a transaction authorized under paragraph (23) of
10		Section 5 and conducted at an affiliate facility.
11		(14) The furnishing of information in accordance with
12		the federal Personal Responsibility and Work Opportunity
13		Reconciliation Act of 1996. Any bank governed by this Act
14		shall enter into an agreement for data exchanges with a
15		State agency provided the State agency pays to the bank a
16		reasonable fee not to exceed its actual cost incurred. A
17		bank providing information in accordance with this item
18		shall not be liable to any account holder or other person
19		for any disclosure of information to a State agency, for
20		encumbering or surrendering any assets held by the bank in
21		response to a lien or order to withhold and deliver issued
22		by a State agency, or for any other action taken pursuant
23		to this item, including individual or mechanical errors,
24		provided the action does not constitute gross negligence or
25		willful misconduct. A bank shall have no obligation to
26		hold, encumber, or surrender assets until it has been

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1		served with a subpoena, summons, warrant, court or
2		administrative order, lien, or levy.
3		(15) The exchange in the regular course of business of
4		information between a bank and any commonly owned affiliate
5		of the bank, subject to the provisions of the Financial
6		Institutions Insurance Sales Law.
7		(16) The furnishing of information to law enforcement
8		authorities, the Illinois Department on Aging and its
9		regional administrative and provider agencies, the
10		Department of Human Services Office of Inspector General,
11		or public guardians: (i) upon subpoena by the investigatory
12		entity or the guardian, or (ii) if there is suspicion by
13		the bank that a customer who is an elderly person or person
14		with a disability or disabled person has been or may become
15		the victim of financial exploitation. For the purposes of
16		this item (16), the term: (i) "elderly person" means a
17		person who is 60 or more years of age, (ii) "disabled
18		person" means a person who has or reasonably appears to the
19		bank to have a physical or mental disability that impairs
20		his or her ability to seek or obtain protection from or
21		prevent financial exploitation, and (iii) "financial
22		exploitation" means tortious or illegal use of the assets
23		or resources of an elderly or disabled person, and
24		includes, without limitation, misappropriation of the
25		elderly or disabled person's assets or resources by undue
26		influence, breach of fiduciary relationship, intimidation,

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1		fraud, deception, extortion, or the use of assets or
2		resources in any manner contrary to law. A bank or person
3		furnishing information pursuant to this item (16) shall be
4		entitled to the same rights and protections as a person
5		furnishing information under the Adult Protective Services
6		Act and the Illinois Domestic Violence Act of 1986.
7		(17) The disclosure of financial records or
8		information as necessary to effect, administer, or enforce
9		a transaction requested or authorized by the customer, or
10		in connection with:
11		(A) servicing or processing a financial product or
12		service requested or authorized by the customer;
13		(B) maintaining or servicing a customer's account
14		with the bank; or
15		(C) a proposed or actual securitization or
16		secondary market sale (including sales of servicing
17		rights) related to a transaction of a customer.
18		Nothing in this item (17), however, authorizes the sale
19		of the financial records or information of a customer
20		without the consent of the customer.
21		(18) The disclosure of financial records or
22		information as necessary to protect against actual or
23		potential fraud, unauthorized transactions, claims, or
24		other liability.
25		(19)(a) The disclosure of financial records or
26		information related to a private label credit program

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1		between a financial institution and a private label party
2		in connection with that private label credit program. Such
3		information is limited to outstanding balance, available
4		credit, payment and performance and account history,
5		product references, purchase information, and information
6		related to the identity of the customer.
7		(b)(l) For purposes of this paragraph (19) of
8		subsection (b) of Section 48.1, a "private label credit
9		program" means a credit program involving a financial
10		institution and a private label party that is used by a
11		customer of the financial institution and the private label
12		party primarily for payment for goods or services sold,
13		manufactured, or distributed by a private label party.
14		(2) For purposes of this paragraph (19) of subsection
15		(b) of Section 48.l, a "private label party" means, with
16		respect to a private label credit program, any of the
17		following: a retailer, a merchant, a manufacturer, a trade
18		group, or any such person's affiliate, subsidiary, member,
19		agent, or service provider.
20		(c) Except as otherwise provided by this Act, a bank may
21		not disclose to any person, except to the customer or his duly
22		authorized agent, any financial records or financial
23		information obtained from financial records relating to that
24		customer of that bank unless:
25		(1) the customer has authorized disclosure to the
26		person;

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1		(2) the financial records are disclosed in response to
2		a lawful subpoena, summons, warrant, citation to discover
3		assets, or court order which meets the requirements of
4		subsection (d) of this Section; or
5		(3) the bank is attempting to collect an obligation
6		owed to the bank and the bank complies with the provisions
7		of Section 2I of the Consumer Fraud and Deceptive Business
8		Practices Act.
9		(d) A bank shall disclose financial records under paragraph
10		(2) of subsection (c) of this Section under a lawful subpoena,
11		summons, warrant, citation to discover assets, or court order
12		only after the bank mails a copy of the subpoena, summons,
13		warrant, citation to discover assets, or court order to the
14		person establishing the relationship with the bank, if living,
15		and, otherwise his personal representative, if known, at his
16		last known address by first class mail, postage prepaid, unless
17		the bank is specifically prohibited from notifying the person
18		by order of court or by applicable State or federal law. A bank
19		shall not mail a copy of a subpoena to any person pursuant to
20		this subsection if the subpoena was issued by a grand jury
21		under the Statewide Grand Jury Act.
22		(e) Any officer or employee of a bank who knowingly and
23		willfully furnishes financial records in violation of this
24		Section is guilty of a business offense and, upon conviction,
25		shall be fined not more than $1,000.
26		(f) Any person who knowingly and willfully induces or

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1		attempts to induce any officer or employee of a bank to
2		disclose financial records in violation of this Section is
3		guilty of a business offense and, upon conviction, shall be
4		fined not more than $1,000.
5		(g) A bank shall be reimbursed for costs that are
6		reasonably necessary and that have been directly incurred in
7		searching for, reproducing, or transporting books, papers,
8		records, or other data of a customer required or requested to
9		be produced pursuant to a lawful subpoena, summons, warrant,
10		citation to discover assets, or court order. The Commissioner
11		shall determine the rates and conditions under which payment
12		may be made.
13		(Source: P.A. 98-49, eff. 7-1-13.)
14		Section 485. The Savings Bank Act is amended by changing
15		Section 4013 as follows:
16		(205 ILCS 205/4013) (from Ch. 17, par. 7304-13)
17		Sec. 4013. Access to books and records; communication with
18		members and shareholders.
19		(a) Every member or shareholder shall have the right to
20		inspect books and records of the savings bank that pertain to
21		his accounts. Otherwise, the right of inspection and
22		examination of the books and records shall be limited as
23		provided in this Act, and no other person shall have access to
24		the books and records nor shall be entitled to a list of the

HB4049 Engrossed - 915 - LRB099 03667 KTG 23678 b
1		members or shareholders.
2		(b) For the purpose of this Section, the term "financial
3		records" means any original, any copy, or any summary of (1) a
4		document granting signature authority over a deposit or
5		account; (2) a statement, ledger card, or other record on any
6		deposit or account that shows each transaction in or with
7		respect to that account; (3) a check, draft, or money order
8		drawn on a savings bank or issued and payable by a savings
9		bank; or (4) any other item containing information pertaining
10		to any relationship established in the ordinary course of a
11		savings bank's business between a savings bank and its
12		customer, including financial statements or other financial
13		information provided by the member or shareholder.
14		(c) This Section does not prohibit:
15		(1) The preparation examination, handling, or
16		maintenance of any financial records by any officer,
17		employee, or agent of a savings bank having custody of
18		records or examination of records by a certified public
19		accountant engaged by the savings bank to perform an
20		independent audit.
21		(2) The examination of any financial records by, or the
22		furnishing of financial records by a savings bank to, any
23		officer, employee, or agent of the Commissioner of Banks
24		and Real Estate or the federal depository institution
25		regulator for use solely in the exercise of his duties as
26		an officer, employee, or agent.

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1		(3) The publication of data furnished from financial
2		records relating to members or holders of capital where the
3		data cannot be identified to any particular member,
4		shareholder, or account.
5		(4) The making of reports or returns required under
6		Chapter 61 of the Internal Revenue Code of 1986.
7		(5) Furnishing information concerning the dishonor of
8		any negotiable instrument permitted to be disclosed under
9		the Uniform Commercial Code.
10		(6) The exchange in the regular course of business of
11		(i) credit information between a savings bank and other
12		savings banks or financial institutions or commercial
13		enterprises, directly or through a consumer reporting
14		agency or (ii) financial records or information derived
15		from financial records between a savings bank and other
16		savings banks or financial institutions or commercial
17		enterprises for the purpose of conducting due diligence
18		pursuant to a purchase or sale involving the savings bank
19		or assets or liabilities of the savings bank.
20		(7) The furnishing of information to the appropriate
21		law enforcement authorities where the savings bank
22		reasonably believes it has been the victim of a crime.
23		(8) The furnishing of information pursuant to the
24		Uniform Disposition of Unclaimed Property Act.
25		(9) The furnishing of information pursuant to the
26		Illinois Income Tax Act and the Illinois Estate and

HB4049 Engrossed - 917 - LRB099 03667 KTG 23678 b
1		Generation-Skipping Transfer Tax Act.
2		(10) The furnishing of information pursuant to the
3		federal "Currency and Foreign Transactions Reporting Act",
4		(Title 31, United States Code, Section 1051 et seq.).
5		(11) The furnishing of information pursuant to any
6		other statute which by its terms or by regulations
7		promulgated thereunder requires the disclosure of
8		financial records other than by subpoena, summons,
9		warrant, or court order.
10		(12) The furnishing of information in accordance with
11		the federal Personal Responsibility and Work Opportunity
12		Reconciliation Act of 1996. Any savings bank governed by
13		this Act shall enter into an agreement for data exchanges
14		with a State agency provided the State agency pays to the
15		savings bank a reasonable fee not to exceed its actual cost
16		incurred. A savings bank providing information in
17		accordance with this item shall not be liable to any
18		account holder or other person for any disclosure of
19		information to a State agency, for encumbering or
20		surrendering any assets held by the savings bank in
21		response to a lien or order to withhold and deliver issued
22		by a State agency, or for any other action taken pursuant
23		to this item, including individual or mechanical errors,
24		provided the action does not constitute gross negligence or
25		willful misconduct. A savings bank shall have no obligation
26		to hold, encumber, or surrender assets until it has been

HB4049 Engrossed - 918 - LRB099 03667 KTG 23678 b
1		served with a subpoena, summons, warrant, court or
2		administrative order, lien, or levy.
3		(13) The furnishing of information to law enforcement
4		authorities, the Illinois Department on Aging and its
5		regional administrative and provider agencies, the
6		Department of Human Services Office of Inspector General,
7		or public guardians: (i) upon subpoena by the investigatory
8		entity or the guardian, or (ii) if there is suspicion by
9		the savings bank that a customer who is an elderly person
10		or person with a disability or disabled person has been or
11		may become the victim of financial exploitation. For the
12		purposes of this item (13), the term: (i) "elderly person"
13		means a person who is 60 or more years of age, (ii) "person
14		with a disability disabled person" means a person who has
15		or reasonably appears to the savings bank to have a
16		physical or mental disability that impairs his or her
17		ability to seek or obtain protection from or prevent
18		financial exploitation, and (iii) "financial exploitation"
19		means tortious or illegal use of the assets or resources of
20		an elderly person or person with a disability or disabled
21		person, and includes, without limitation, misappropriation
22		of the elderly or disabled person's assets or resources of
23		the elderly person or person with a disability by undue
24		influence, breach of fiduciary relationship, intimidation,
25		fraud, deception, extortion, or the use of assets or
26		resources in any manner contrary to law. A savings bank or

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1		person furnishing information pursuant to this item (13)
2		shall be entitled to the same rights and protections as a
3		person furnishing information under the Adult Protective
4		Services Act and the Illinois Domestic Violence Act of
5		1986.
6		(14) The disclosure of financial records or
7		information as necessary to effect, administer, or enforce
8		a transaction requested or authorized by the member or
9		holder of capital, or in connection with:
10		(A) servicing or processing a financial product or
11		service requested or authorized by the member or holder
12		of capital;
13		(B) maintaining or servicing an account of a member
14		or holder of capital with the savings bank; or
15		(C) a proposed or actual securitization or
16		secondary market sale (including sales of servicing
17		rights) related to a transaction of a member or holder
18		of capital.
19		Nothing in this item (14), however, authorizes the sale
20		of the financial records or information of a member or
21		holder of capital without the consent of the member or
22		holder of capital.
23		(15) The exchange in the regular course of business of
24		information between a savings bank and any commonly owned
25		affiliate of the savings bank, subject to the provisions of
26		the Financial Institutions Insurance Sales Law.

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1		(16) The disclosure of financial records or
2		information as necessary to protect against or prevent
3		actual or potential fraud, unauthorized transactions,
4		claims, or other liability.
5		(17)(a) The disclosure of financial records or
6		information related to a private label credit program
7		between a financial institution and a private label party
8		in connection with that private label credit program. Such
9		information is limited to outstanding balance, available
10		credit, payment and performance and account history,
11		product references, purchase information, and information
12		related to the identity of the customer.
13		(b)(l) For purposes of this paragraph (17) of
14		subsection (c) of Section 4013, a "private label credit
15		program" means a credit program involving a financial
16		institution and a private label party that is used by a
17		customer of the financial institution and the private label
18		party primarily for payment for goods or services sold,
19		manufactured, or distributed by a private label party.
20		(2) For purposes of this paragraph (17) of subsection
21		(c) of Section 4013, a "private label party" means, with
22		respect to a private label credit program, any of the
23		following: a retailer, a merchant, a manufacturer, a trade
24		group, or any such person's affiliate, subsidiary, member,
25		agent, or service provider.
26		(d) A savings bank may not disclose to any person, except

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1		to the member or holder of capital or his duly authorized
2		agent, any financial records relating to that member or
3		shareholder of the savings bank unless:
4		(1) the member or shareholder has authorized
5		disclosure to the person; or
6		(2) the financial records are disclosed in response to
7		a lawful subpoena, summons, warrant, citation to discover
8		assets, or court order that meets the requirements of
9		subsection (e) of this Section.
10		(e) A savings bank shall disclose financial records under
11		subsection (d) of this Section pursuant to a lawful subpoena,
12		summons, warrant, citation to discover assets, or court order
13		only after the savings bank mails a copy of the subpoena,
14		summons, warrant, citation to discover assets, or court order
15		to the person establishing the relationship with the savings
16		bank, if living, and otherwise, his personal representative, if
17		known, at his last known address by first class mail, postage
18		prepaid, unless the savings bank is specifically prohibited
19		from notifying the person by order of court.
20		(f) Any officer or employee of a savings bank who knowingly
21		and willfully furnishes financial records in violation of this
22		Section is guilty of a business offense and, upon conviction,
23		shall be fined not more than $1,000.
24		(g) Any person who knowingly and willfully induces or
25		attempts to induce any officer or employee of a savings bank to
26		disclose financial records in violation of this Section is

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1		guilty of a business offense and, upon conviction, shall be
2		fined not more than $1,000.
3		(h) If any member or shareholder desires to communicate
4		with the other members or shareholders of the savings bank with
5		reference to any question pending or to be presented at an
6		annual or special meeting, the savings bank shall give that
7		person, upon request, a statement of the approximate number of
8		members or shareholders entitled to vote at the meeting and an
9		estimate of the cost of preparing and mailing the
10		communication. The requesting member shall submit the
11		communication to the Commissioner who, upon finding it to be
12		appropriate and truthful, shall direct that it be prepared and
13		mailed to the members upon the requesting member's or
14		shareholder's payment or adequate provision for payment of the
15		expenses of preparation and mailing.
16		(i) A savings bank shall be reimbursed for costs that are
17		necessary and that have been directly incurred in searching
18		for, reproducing, or transporting books, papers, records, or
19		other data of a customer required to be reproduced pursuant to
20		a lawful subpoena, warrant, citation to discover assets, or
21		court order.
22		(j) Notwithstanding the provisions of this Section, a
23		savings bank may sell or otherwise make use of lists of
24		customers' names and addresses. All other information
25		regarding a customer's account are subject to the disclosure
26		provisions of this Section. At the request of any customer,

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1		that customer's name and address shall be deleted from any list
2		that is to be sold or used in any other manner beyond
3		identification of the customer's accounts.
4		(Source: P.A. 98-49, eff. 7-1-13.)
5		Section 490. The Illinois Credit Union Act is amended by
6		changing Section 10 as follows:
7		(205 ILCS 305/10) (from Ch. 17, par. 4411)
8		Sec. 10. Credit union records; member financial records.
9		(1) A credit union shall establish and maintain books,
10		records, accounting systems and procedures which accurately
11		reflect its operations and which enable the Department to
12		readily ascertain the true financial condition of the credit
13		union and whether it is complying with this Act.
14		(2) A photostatic or photographic reproduction of any
15		credit union records shall be admissible as evidence of
16		transactions with the credit union.
17		(3)(a) For the purpose of this Section, the term "financial
18		records" means any original, any copy, or any summary of (1) a
19		document granting signature authority over an account, (2) a
20		statement, ledger card or other record on any account which
21		shows each transaction in or with respect to that account, (3)
22		a check, draft or money order drawn on a financial institution
23		or other entity or issued and payable by or through a financial
24		institution or other entity, or (4) any other item containing

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1		information pertaining to any relationship established in the
2		ordinary course of business between a credit union and its
3		member, including financial statements or other financial
4		information provided by the member.
5		(b) This Section does not prohibit:
6		(1) The preparation, examination, handling or
7		maintenance of any financial records by any officer,
8		employee or agent of a credit union having custody of such
9		records, or the examination of such records by a certified
10		public accountant engaged by the credit union to perform an
11		independent audit.
12		(2) The examination of any financial records by or the
13		furnishing of financial records by a credit union to any
14		officer, employee or agent of the Department, the National
15		Credit Union Administration, Federal Reserve board or any
16		insurer of share accounts for use solely in the exercise of
17		his duties as an officer, employee or agent.
18		(3) The publication of data furnished from financial
19		records relating to members where the data cannot be
20		identified to any particular customer of account.
21		(4) The making of reports or returns required under
22		Chapter 61 of the Internal Revenue Code of 1954.
23		(5) Furnishing information concerning the dishonor of
24		any negotiable instrument permitted to be disclosed under
25		the Uniform Commercial Code.
26		(6) The exchange in the regular course of business of

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1		(i) credit information between a credit union and other
2		credit unions or financial institutions or commercial
3		enterprises, directly or through a consumer reporting
4		agency or (ii) financial records or information derived
5		from financial records between a credit union and other
6		credit unions or financial institutions or commercial
7		enterprises for the purpose of conducting due diligence
8		pursuant to a merger or a purchase or sale of assets or
9		liabilities of the credit union.
10		(7) The furnishing of information to the appropriate
11		law enforcement authorities where the credit union
12		reasonably believes it has been the victim of a crime.
13		(8) The furnishing of information pursuant to the
14		Uniform Disposition of Unclaimed Property Act.
15		(9) The furnishing of information pursuant to the
16		Illinois Income Tax Act and the Illinois Estate and
17		Generation-Skipping Transfer Tax Act.
18		(10) The furnishing of information pursuant to the
19		federal "Currency and Foreign Transactions Reporting Act",
20		Title 31, United States Code, Section 1051 et sequentia.
21		(11) The furnishing of information pursuant to any
22		other statute which by its terms or by regulations
23		promulgated thereunder requires the disclosure of
24		financial records other than by subpoena, summons, warrant
25		or court order.
26		(12) The furnishing of information in accordance with

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1		the federal Personal Responsibility and Work Opportunity
2		Reconciliation Act of 1996. Any credit union governed by
3		this Act shall enter into an agreement for data exchanges
4		with a State agency provided the State agency pays to the
5		credit union a reasonable fee not to exceed its actual cost
6		incurred. A credit union providing information in
7		accordance with this item shall not be liable to any
8		account holder or other person for any disclosure of
9		information to a State agency, for encumbering or
10		surrendering any assets held by the credit union in
11		response to a lien or order to withhold and deliver issued
12		by a State agency, or for any other action taken pursuant
13		to this item, including individual or mechanical errors,
14		provided the action does not constitute gross negligence or
15		willful misconduct. A credit union shall have no obligation
16		to hold, encumber, or surrender assets until it has been
17		served with a subpoena, summons, warrant, court or
18		administrative order, lien, or levy.
19		(13) The furnishing of information to law enforcement
20		authorities, the Illinois Department on Aging and its
21		regional administrative and provider agencies, the
22		Department of Human Services Office of Inspector General,
23		or public guardians: (i) upon subpoena by the investigatory
24		entity or the guardian, or (ii) if there is suspicion by
25		the credit union that a member who is an elderly person or
26		person with a disability or disabled person has been or may

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1		become the victim of financial exploitation. For the
2		purposes of this item (13), the term: (i) "elderly person"
3		means a person who is 60 or more years of age, (ii) "person
4		with a disability" "disabled person" means a person who has
5		or reasonably appears to the credit union to have a
6		physical or mental disability that impairs his or her
7		ability to seek or obtain protection from or prevent
8		financial exploitation, and (iii) "financial exploitation"
9		means tortious or illegal use of the assets or resources of
10		an elderly person or person with a disability or disabled
11		person, and includes, without limitation, misappropriation
12		of the elderly or disabled person's assets or resources by
13		undue influence, breach of fiduciary relationship,
14		intimidation, fraud, deception, extortion, or the use of
15		assets or resources in any manner contrary to law. A credit
16		union or person furnishing information pursuant to this
17		item (13) shall be entitled to the same rights and
18		protections as a person furnishing information under the
19		Adult Protective Services Act and the Illinois Domestic
20		Violence Act of 1986.
21		(14) The disclosure of financial records or
22		information as necessary to effect, administer, or enforce
23		a transaction requested or authorized by the member, or in
24		connection with:
25		(A) servicing or processing a financial product or
26		service requested or authorized by the member;

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1		(B) maintaining or servicing a member's account
2		with the credit union; or
3		(C) a proposed or actual securitization or
4		secondary market sale (including sales of servicing
5		rights) related to a transaction of a member.
6		Nothing in this item (14), however, authorizes the sale
7		of the financial records or information of a member without
8		the consent of the member.
9		(15) The disclosure of financial records or
10		information as necessary to protect against or prevent
11		actual or potential fraud, unauthorized transactions,
12		claims, or other liability.
13		(16)(a) The disclosure of financial records or
14		information related to a private label credit program
15		between a financial institution and a private label party
16		in connection with that private label credit program. Such
17		information is limited to outstanding balance, available
18		credit, payment and performance and account history,
19		product references, purchase information, and information
20		related to the identity of the customer.
21		(b)(l) For purposes of this paragraph (16) of
22		subsection (b) of Section 10, a "private label credit
23		program" means a credit program involving a financial
24		institution and a private label party that is used by a
25		customer of the financial institution and the private label
26		party primarily for payment for goods or services sold,

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1		manufactured, or distributed by a private label party.
2		(2) For purposes of this paragraph (16) of subsection
3		(b) of Section 10, a "private label party" means, with
4		respect to a private label credit program, any of the
5		following: a retailer, a merchant, a manufacturer, a trade
6		group, or any such person's affiliate, subsidiary, member,
7		agent, or service provider.
8		(c) Except as otherwise provided by this Act, a credit
9		union may not disclose to any person, except to the member or
10		his duly authorized agent, any financial records relating to
11		that member of the credit union unless:
12		(1) the member has authorized disclosure to the person;
13		(2) the financial records are disclosed in response to
14		a lawful subpoena, summons, warrant, citation to discover
15		assets, or court order that meets the requirements of
16		subparagraph (d) of this Section; or
17		(3) the credit union is attempting to collect an
18		obligation owed to the credit union and the credit union
19		complies with the provisions of Section 2I of the Consumer
20		Fraud and Deceptive Business Practices Act.
21		(d) A credit union shall disclose financial records under
22		subparagraph (c)(2) of this Section pursuant to a lawful
23		subpoena, summons, warrant, citation to discover assets, or
24		court order only after the credit union mails a copy of the
25		subpoena, summons, warrant, citation to discover assets, or
26		court order to the person establishing the relationship with

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1		the credit union, if living, and otherwise his personal
2		representative, if known, at his last known address by first
3		class mail, postage prepaid unless the credit union is
4		specifically prohibited from notifying the person by order of
5		court or by applicable State or federal law. In the case of a
6		grand jury subpoena, a credit union shall not mail a copy of a
7		subpoena to any person pursuant to this subsection if the
8		subpoena was issued by a grand jury under the Statewide Grand
9		Jury Act or notifying the person would constitute a violation
10		of the federal Right to Financial Privacy Act of 1978.
11		(e)(1) Any officer or employee of a credit union who
12		knowingly and wilfully furnishes financial records in
13		violation of this Section is guilty of a business offense and
14		upon conviction thereof shall be fined not more than $1,000.
15		(2) Any person who knowingly and wilfully induces or
16		attempts to induce any officer or employee of a credit union to
17		disclose financial records in violation of this Section is
18		guilty of a business offense and upon conviction thereof shall
19		be fined not more than $1,000.
20		(f) A credit union shall be reimbursed for costs which are
21		reasonably necessary and which have been directly incurred in
22		searching for, reproducing or transporting books, papers,
23		records or other data of a member required or requested to be
24		produced pursuant to a lawful subpoena, summons, warrant,
25		citation to discover assets, or court order. The Secretary and
26		the Director may determine, by rule, the rates and conditions

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1		under which payment shall be made. Delivery of requested
2		documents may be delayed until final reimbursement of all costs
3		is received.
4		(Source: P.A. 97-133, eff. 1-1-12; 98-49, eff. 7-1-13.)
5		Section 495. The Assisted Living and Shared Housing Act is
6		amended by changing Section 75 as follows:
7		(210 ILCS 9/75)
8		Sec. 75. Residency Requirements.
9		(a) No individual shall be accepted for residency or remain
10		in residence if the establishment cannot provide or secure
11		appropriate services, if the individual requires a level of
12		service or type of service for which the establishment is not
13		licensed or which the establishment does not provide, or if the
14		establishment does not have the staff appropriate in numbers
15		and with appropriate skill to provide such services.
16		(b) Only adults may be accepted for residency.
17		(c) A person shall not be accepted for residency if:
18		(1) the person poses a serious threat to himself or
19		herself or to others;
20		(2) the person is not able to communicate his or her
21		needs and no resident representative residing in the
22		establishment, and with a prior relationship to the person,
23		has been appointed to direct the provision of services;
24		(3) the person requires total assistance with 2 or more

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1		activities of daily living;
2		(4) the person requires the assistance of more than one
3		paid caregiver at any given time with an activity of daily
4		living;
5		(5) the person requires more than minimal assistance in
6		moving to a safe area in an emergency;
7		(6) the person has a severe mental illness, which for
8		the purposes of this Section means a condition that is
9		characterized by the presence of a major mental disorder as
10		classified in the Diagnostic and Statistical Manual of
11		Mental Disorders, Fourth Edition (DSM-IV) (American
12		Psychiatric Association, 1994), where the individual is a
13		person with a substantial disability substantially
14		disabled due to mental illness in the areas of
15		self-maintenance, social functioning, activities of
16		community living and work skills, and the disability
17		specified is expected to be present for a period of not
18		less than one year, but does not mean Alzheimer's disease
19		and other forms of dementia based on organic or physical
20		disorders;
21		(7) the person requires intravenous therapy or
22		intravenous feedings unless self-administered or
23		administered by a qualified, licensed health care
24		professional;
25		(8) the person requires gastrostomy feedings unless
26		self-administered or administered by a licensed health

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1		care professional;
2		(9) the person requires insertion, sterile irrigation,
3		and replacement of catheter, except for routine
4		maintenance of urinary catheters, unless the catheter care
5		is self-administered or administered by a licensed health
6		care professional;
7		(10) the person requires sterile wound care unless care
8		is self-administered or administered by a licensed health
9		care professional;
10		(11) the person requires sliding scale insulin
11		administration unless self-performed or administered by a
12		licensed health care professional;
13		(12) the person is a diabetic requiring routine insulin
14		injections unless the injections are self-administered or
15		administered by a licensed health care professional;
16		(13) the person requires treatment of stage 3 or stage
17		4 decubitus ulcers or exfoliative dermatitis;
18		(14) the person requires 5 or more skilled nursing
19		visits per week for conditions other than those listed in
20		items (13) and (15) of this subsection for a period of 3
21		consecutive weeks or more except when the course of
22		treatment is expected to extend beyond a 3 week period for
23		rehabilitative purposes and is certified as temporary by a
24		physician; or
25		(15) other reasons prescribed by the Department by
26		rule.

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1		(d) A resident with a condition listed in items (1) through
2		(15) of subsection (c) shall have his or her residency
3		terminated.
4		(e) Residency shall be terminated when services available
5		to the resident in the establishment are no longer adequate to
6		meet the needs of the resident. This provision shall not be
7		interpreted as limiting the authority of the Department to
8		require the residency termination of individuals.
9		(f) Subsection (d) of this Section shall not apply to
10		terminally ill residents who receive or would qualify for
11		hospice care and such care is coordinated by a hospice program
12		licensed under the Hospice Program Licensing Act or other
13		licensed health care professional employed by a licensed home
14		health agency and the establishment and all parties agree to
15		the continued residency.
16		(g) Items (3), (4), (5), and (9) of subsection (c) shall
17		not apply to a quadriplegic, paraplegic, or individual with
18		neuro-muscular diseases, such as muscular dystrophy and
19		multiple sclerosis, or other chronic diseases and conditions as
20		defined by rule if the individual is able to communicate his or
21		her needs and does not require assistance with complex medical
22		problems, and the establishment is able to accommodate the
23		individual's needs. The Department shall prescribe rules
24		pursuant to this Section that address special safety and
25		service needs of these individuals.
26		(h) For the purposes of items (7) through (10) of

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1		subsection (c), a licensed health care professional may not be
2		employed by the owner or operator of the establishment, its
3		parent entity, or any other entity with ownership common to
4		either the owner or operator of the establishment or parent
5		entity, including but not limited to an affiliate of the owner
6		or operator of the establishment. Nothing in this Section is
7		meant to limit a resident's right to choose his or her health
8		care provider.
9		(i) Subsection (h) is not applicable to residents admitted
10		to an assisted living establishment under a life care contract
11		as defined in the Life Care Facilities Act if the life care
12		facility has both an assisted living establishment and a
13		skilled nursing facility. A licensed health care professional
14		providing health-related or supportive services at a life care
15		assisted living or shared housing establishment must be
16		employed by an entity licensed by the Department under the
17		Nursing Home Care Act or the Home Health, Home Services, and
18		Home Nursing Agency Licensing Act.
19		(Source: P.A. 94-256, eff. 7-19-05; 94-570, eff. 8-12-05;
20		95-216, eff. 8-16-07; 95-331, eff. 8-21-07.)
21		Section 500. The Abused and Neglected Long Term Care
22		Facility Residents Reporting Act is amended by changing Section
23		6 as follows:
24		(210 ILCS 30/6) (from Ch. 111 1/2, par. 4166)

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1		Sec. 6. All reports of suspected abuse or neglect made
2		under this Act shall be made immediately by telephone to the
3		Department's central register established under Section 14 on
4		the single, State-wide, toll-free telephone number established
5		under Section 13, or in person or by telephone through the
6		nearest Department office. No long term care facility
7		administrator, agent or employee, or any other person, shall
8		screen reports or otherwise withhold any reports from the
9		Department, and no long term care facility, department of State
10		government, or other agency shall establish any rules,
11		criteria, standards or guidelines to the contrary. Every long
12		term care facility, department of State government and other
13		agency whose employees are required to make or cause to be made
14		reports under Section 4 shall notify its employees of the
15		provisions of that Section and of this Section, and provide to
16		the Department documentation that such notification has been
17		given. The Department of Human Services shall train all of its
18		mental health and developmental disabilities employees in the
19		detection and reporting of suspected abuse and neglect of
20		residents. Reports made to the central register through the
21		State-wide, toll-free telephone number shall be transmitted to
22		appropriate Department offices and municipal health
23		departments that have responsibility for licensing long term
24		care facilities under the Nursing Home Care Act, the
25		Specialized Mental Health Rehabilitation Act of 2013, or the
26		ID/DD Community Care Act. All reports received through offices

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1		of the Department shall be forwarded to the central register,
2		in a manner and form described by the Department. The
3		Department shall be capable of receiving reports of suspected
4		abuse and neglect 24 hours a day, 7 days a week. Reports shall
5		also be made in writing deposited in the U.S. mail, postage
6		prepaid, within 24 hours after having reasonable cause to
7		believe that the condition of the resident resulted from abuse
8		or neglect. Such reports may in addition be made to the local
9		law enforcement agency in the same manner. However, in the
10		event a report is made to the local law enforcement agency, the
11		reporter also shall immediately so inform the Department. The
12		Department shall initiate an investigation of each report of
13		resident abuse and neglect under this Act, whether oral or
14		written, as provided for in Section 3-702 of the Nursing Home
15		Care Act, Section 2-208 of the Specialized Mental Health
16		Rehabilitation Act of 2013, or Section 3-702 of the ID/DD
17		Community Care Act, except that reports of abuse which indicate
18		that a resident's life or safety is in imminent danger shall be
19		investigated within 24 hours of such report. The Department may
20		delegate to law enforcement officials or other public agencies
21		the duty to perform such investigation.
22		With respect to investigations of reports of suspected
23		abuse or neglect of residents of mental health and
24		developmental disabilities institutions under the jurisdiction
25		of the Department of Human Services, the Department shall
26		transmit copies of such reports to the Department of State

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1		Police, the Department of Human Services, and the Inspector
2		General appointed under Section 1-17 of the Department of Human
3		Services Act. If the Department receives a report of suspected
4		abuse or neglect of a recipient of services as defined in
5		Section 1-123 of the Mental Health and Developmental
6		Disabilities Code, the Department shall transmit copies of such
7		report to the Inspector General and the Directors of the
8		Guardianship and Advocacy Commission and the agency designated
9		by the Governor pursuant to the Protection and Advocacy for
10		Persons with Developmental Disabilities Developmentally
11		Disabled Persons Act. When requested by the Director of the
12		Guardianship and Advocacy Commission, the agency designated by
13		the Governor pursuant to the Protection and Advocacy for
14		Persons with Developmental Disabilities Developmentally
15		Disabled Persons Act, or the Department of Financial and
16		Professional Regulation, the Department, the Department of
17		Human Services and the Department of State Police shall make
18		available a copy of the final investigative report regarding
19		investigations conducted by their respective agencies on
20		incidents of suspected abuse or neglect of residents of mental
21		health and developmental disabilities institutions or
22		individuals receiving services at community agencies under the
23		jurisdiction of the Department of Human Services. Such final
24		investigative report shall not contain witness statements,
25		investigation notes, draft summaries, results of lie detector
26		tests, investigative files or other raw data which was used to

HB4049 Engrossed - 939 - LRB099 03667 KTG 23678 b
1		compile the final investigative report. Specifically, the
2		final investigative report of the Department of State Police
3		shall mean the Director's final transmittal letter. The
4		Department of Human Services shall also make available a copy
5		of the results of disciplinary proceedings of employees
6		involved in incidents of abuse or neglect to the Directors. All
7		identifiable information in reports provided shall not be
8		further disclosed except as provided by the Mental Health and
9		Developmental Disabilities Confidentiality Act. Nothing in
10		this Section is intended to limit or construe the power or
11		authority granted to the agency designated by the Governor
12		pursuant to the Protection and Advocacy for Persons with
13		Developmental Disabilities Developmentally Disabled Persons
14		Act, pursuant to any other State or federal statute.
15		With respect to investigations of reported resident abuse
16		or neglect, the Department shall effect with appropriate law
17		enforcement agencies formal agreements concerning methods and
18		procedures for the conduct of investigations into the criminal
19		histories of any administrator, staff assistant or employee of
20		the nursing home or other person responsible for the residents
21		care, as well as for other residents in the nursing home who
22		may be in a position to abuse, neglect or exploit the patient.
23		Pursuant to the formal agreements entered into with appropriate
24		law enforcement agencies, the Department may request
25		information with respect to whether the person or persons set
26		forth in this paragraph have ever been charged with a crime and

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1		if so, the disposition of those charges. Unless the criminal
2		histories of the subjects involved crimes of violence or
3		resident abuse or neglect, the Department shall be entitled
4		only to information limited in scope to charges and their
5		dispositions. In cases where prior crimes of violence or
6		resident abuse or neglect are involved, a more detailed report
7		can be made available to authorized representatives of the
8		Department, pursuant to the agreements entered into with
9		appropriate law enforcement agencies. Any criminal charges and
10		their disposition information obtained by the Department shall
11		be confidential and may not be transmitted outside the
12		Department, except as required herein, to authorized
13		representatives or delegates of the Department, and may not be
14		transmitted to anyone within the Department who is not duly
15		authorized to handle resident abuse or neglect investigations.
16		The Department shall effect formal agreements with
17		appropriate law enforcement agencies in the various counties
18		and communities to encourage cooperation and coordination in
19		the handling of resident abuse or neglect cases pursuant to
20		this Act. The Department shall adopt and implement methods and
21		procedures to promote statewide uniformity in the handling of
22		reports of abuse and neglect under this Act, and those methods
23		and procedures shall be adhered to by personnel of the
24		Department involved in such investigations and reporting. The
25		Department shall also make information required by this Act
26		available to authorized personnel within the Department, as

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1		well as its authorized representatives.
2		The Department shall keep a continuing record of all
3		reports made pursuant to this Act, including indications of the
4		final determination of any investigation and the final
5		disposition of all reports.
6		The Department shall report annually to the General
7		Assembly on the incidence of abuse and neglect of long term
8		care facility residents, with special attention to residents
9		who are persons with mental disabilities mentally disabled. The
10		report shall include but not be limited to data on the number
11		and source of reports of suspected abuse or neglect filed under
12		this Act, the nature of any injuries to residents, the final
13		determination of investigations, the type and number of cases
14		where abuse or neglect is determined to exist, and the final
15		disposition of cases.
16		(Source: P.A. 97-38, eff. 6-28-11; 97-227, eff. 1-1-12; 97-813,
17		eff. 7-13-12; 98-104, eff. 7-22-13.)
18		Section 505. The Nursing Home Care Act is amended by
19		changing Sections 2-202, 3-807, and 3A-101 as follows:
20		(210 ILCS 45/2-202) (from Ch. 111 1/2, par. 4152-202)
21		Sec. 2-202. (a) Before a person is admitted to a facility,
22		or at the expiration of the period of previous contract, or
23		when the source of payment for the resident's care changes from
24		private to public funds or from public to private funds, a

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1		written contract shall be executed between a licensee and the
2		following in order of priority:
3		(1) the person, or if the person is a minor, his parent
4		or guardian; or
5		(2) the person's guardian, if any, or agent, if any, as
6		defined in Section 2-3 of the Illinois Power of Attorney
7		Act; or
8		(3) a member of the person's immediate family.
9		An adult person shall be presumed to have the capacity to
10		contract for admission to a long term care facility unless he
11		has been adjudicated a "person with a disability disabled
12		person" within the meaning of Section 11a-2 of the Probate Act
13		of 1975, or unless a petition for such an adjudication is
14		pending in a circuit court of Illinois.
15		If there is no guardian, agent or member of the person's
16		immediate family available, able or willing to execute the
17		contract required by this Section and a physician determines
18		that a person is so disabled as to be unable to consent to
19		placement in a facility, or if a person has already been found
20		to be a "person with a disability disabled person", but no
21		order has been entered allowing residential placement of the
22		person, that person may be admitted to a facility before the
23		execution of a contract required by this Section; provided that
24		a petition for guardianship or for modification of guardianship
25		is filed within 15 days of the person's admission to a
26		facility, and provided further that such a contract is executed

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1		within 10 days of the disposition of the petition.
2		No adult shall be admitted to a facility if he objects,
3		orally or in writing, to such admission, except as otherwise
4		provided in Chapters III and IV of the Mental Health and
5		Developmental Disabilities Code or Section 11a-14.1 of the
6		Probate Act of 1975.
7		If a person has not executed a contract as required by this
8		Section, then such a contract shall be executed on or before
9		July 1, 1981, or within 10 days after the disposition of a
10		petition for guardianship or modification of guardianship that
11		was filed prior to July 1, 1981, whichever is later.
12		Before a licensee enters a contract under this Section, it
13		shall provide the prospective resident and his or her guardian,
14		if any, with written notice of the licensee's policy regarding
15		discharge of a resident whose private funds for payment of care
16		are exhausted.
17		Before a licensee enters into a contract under this
18		Section, it shall provide the resident or prospective resident
19		and his or her guardian, if any, with a copy of the licensee's
20		policy regarding the assignment of Social Security
21		representative payee status as a condition of the contract when
22		the resident's or prospective resident's care is being funded
23		under Title XIX of the Social Security Act and Article V of the
24		Illinois Public Aid Code.
25		(b) A resident shall not be discharged or transferred at
26		the expiration of the term of a contract, except as provided in

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1		Sections 3-401 through 3-423.
2		(c) At the time of the resident's admission to the
3		facility, a copy of the contract shall be given to the
4		resident, his guardian, if any, and any other person who
5		executed the contract.
6		(d) A copy of the contract for a resident who is supported
7		by nonpublic funds other than the resident's own funds shall be
8		made available to the person providing the funds for the
9		resident's support.
10		(e) The original or a copy of the contract shall be
11		maintained in the facility and be made available upon request
12		to representatives of the Department and the Department of
13		Healthcare and Family Services.
14		(f) The contract shall be written in clear and unambiguous
15		language and shall be printed in not less than 12-point type.
16		The general form of the contract shall be prescribed by the
17		Department.
18		(g) The contract shall specify:
19		(1) the term of the contract;
20		(2) the services to be provided under the contract and
21		the charges for the services;
22		(3) the services that may be provided to supplement the
23		contract and the charges for the services;
24		(4) the sources liable for payments due under the
25		contract;
26		(5) the amount of deposit paid; and

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1		(6) the rights, duties and obligations of the resident,
2		except that the specification of a resident's rights may be
3		furnished on a separate document which complies with the
4		requirements of Section 2-211.
5		(h) The contract shall designate the name of the resident's
6		representative, if any. The resident shall provide the facility
7		with a copy of the written agreement between the resident and
8		the resident's representative which authorizes the resident's
9		representative to inspect and copy the resident's records and
10		authorizes the resident's representative to execute the
11		contract on behalf of the resident required by this Section.
12		(i) The contract shall provide that if the resident is
13		compelled by a change in physical or mental health to leave the
14		facility, the contract and all obligations under it shall
15		terminate on 7 days notice. No prior notice of termination of
16		the contract shall be required, however, in the case of a
17		resident's death. The contract shall also provide that in all
18		other situations, a resident may terminate the contract and all
19		obligations under it with 30 days notice. All charges shall be
20		prorated as of the date on which the contract terminates, and,
21		if any payments have been made in advance, the excess shall be
22		refunded to the resident. This provision shall not apply to
23		life-care contracts through which a facility agrees to provide
24		maintenance and care for a resident throughout the remainder of
25		his life nor to continuing-care contracts through which a
26		facility agrees to supplement all available forms of financial

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1		support in providing maintenance and care for a resident
2		throughout the remainder of his life.
3		(j) In addition to all other contract specifications
4		contained in this Section admission contracts shall also
5		specify:
6		(1) whether the facility accepts Medicaid clients;
7		(2) whether the facility requires a deposit of the
8		resident or his family prior to the establishment of
9		Medicaid eligibility;
10		(3) in the event that a deposit is required, a clear
11		and concise statement of the procedure to be followed for
12		the return of such deposit to the resident or the
13		appropriate family member or guardian of the person;
14		(4) that all deposits made to a facility by a resident,
15		or on behalf of a resident, shall be returned by the
16		facility within 30 days of the establishment of Medicaid
17		eligibility, unless such deposits must be drawn upon or
18		encumbered in accordance with Medicaid eligibility
19		requirements established by the Department of Healthcare
20		and Family Services.
21		(k) It shall be a business offense for a facility to
22		knowingly and intentionally both retain a resident's deposit
23		and accept Medicaid payments on behalf of that resident.
24		(Source: P.A. 98-104, eff. 7-22-13.)
25		(210 ILCS 45/3-807)

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1		Sec. 3-807. Review of shelter care licensure standards. On
2		or before March 1, 1994, the Department shall submit to the
3		Governor and the General Assembly a report concerning the
4		necessity of revising the current statutory and regulatory
5		standards of licensure under the category of shelter care. The
6		Department shall conduct a review of those standards for that
7		category, taking into consideration the Department on Aging's
8		report on board and care homes prepared pursuant to Section
9		4.02a of the Illinois Act on the Aging. The Department's report
10		shall include recommendations for statutory or regulatory
11		changes necessary to address the regulation of facilities
12		providing room, board, and personal care to older persons and
13		persons with disabilities disabled persons.
14		(Source: P.A. 88-252.)
15		(210 ILCS 45/3A-101)
16		Sec. 3A-101. Cooperative arrangements. Not later than June
17		30, 1996, the Department shall enter into one or more
18		cooperative arrangements with the Illinois Department of
19		Public Aid, the Department on Aging, the Office of the State
20		Fire Marshal, and any other appropriate entity for the purpose
21		of developing a single survey for nursing facilities, including
22		but not limited to facilities funded under Title XVIII or Title
23		XIX of the federal Social Security Act, or both, which shall be
24		administered and conducted solely by the Department. The
25		Departments shall test the single survey process on a pilot

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1		basis, with both the Departments of Public Aid and Public
2		Health represented on the consolidated survey team. The pilot
3		will sunset June 30, 1997. After June 30, 1997, unless
4		otherwise determined by the Governor, a single survey shall be
5		implemented by the Department of Public Health which would not
6		preclude staff from the Department of Healthcare and Family
7		Services (formerly Department of Public Aid) from going on-site
8		to nursing facilities to perform necessary audits and reviews
9		which shall not replicate the single State agency survey
10		required by this Act. This Article shall not apply to community
11		or intermediate care facilities for persons with developmental
12		disabilities the developmentally disabled.
13		(Source: P.A. 95-331, eff. 8-21-07.)
14		Section 510. The ID/DD Community Care Act is amended by
15		changing Sections 1-101.05, 1-113, and 2-202 as follows:
16		(210 ILCS 47/1-101.05)
17		Sec. 1-101.05. Prior law.
18		(a) This Act provides for licensure of intermediate care
19		facilities for persons with developmental disabilities the
20		developmentally disabled and long-term care for under age 22
21		facilities under this Act instead of under the Nursing Home
22		Care Act. On and after the effective date of this Act, those
23		facilities shall be governed by this Act instead of the Nursing
24		Home Care Act.

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1		(b) If any other Act of the General Assembly changes, adds,
2		or repeals a provision of the Nursing Home Care Act that is the
3		same as or substantially similar to a provision of this Act,
4		then that change, addition, or repeal in the Nursing Home Care
5		Act shall be construed together with this Act until July 1,
6		2010 and not thereafter.
7		(c) Nothing in this Act affects the validity or effect of
8		any finding, decision, or action made or taken by the
9		Department or the Director under the Nursing Home Care Act
10		before the effective date of this Act with respect to a
11		facility subject to licensure under this Act. That finding,
12		decision, or action shall continue to apply to the facility on
13		and after the effective date of this Act. Any finding,
14		decision, or action with respect to the facility made or taken
15		on or after the effective date of this Act shall be made or
16		taken as provided in this Act.
17		(Source: P.A. 96-339, eff. 7-1-10; 96-1187, eff. 7-22-10.)
18		(210 ILCS 47/1-113)
19		Sec. 1-113. Facility. "ID/DD facility" or "facility" means
20		an intermediate care facility for persons with developmental
21		disabilities the developmentally disabled or a long-term care
22		for under age 22 facility, whether operated for profit or not,
23		which provides, through its ownership or management, personal
24		care or nursing for 3 or more persons not related to the
25		applicant or owner by blood or marriage. It includes

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1		intermediate care facilities for the intellectually disabled
2		as the term is defined in Title XVIII and Title XIX of the
3		federal Social Security Act.
4		"Facility" does not include the following:
5		(1) A home, institution, or other place operated by the
6		federal government or agency thereof, or by the State of
7		Illinois, other than homes, institutions, or other places
8		operated by or under the authority of the Illinois
9		Department of Veterans' Affairs;
10		(2) A hospital, sanitarium, or other institution whose
11		principal activity or business is the diagnosis, care, and
12		treatment of human illness through the maintenance and
13		operation as organized facilities therefore, which is
14		required to be licensed under the Hospital Licensing Act;
15		(3) Any "facility for child care" as defined in the
16		Child Care Act of 1969;
17		(4) Any "community living facility" as defined in the
18		Community Living Facilities Licensing Act;
19		(5) Any "community residential alternative" as defined
20		in the Community Residential Alternatives Licensing Act;
21		(6) Any nursing home or sanatorium operated solely by
22		and for persons who rely exclusively upon treatment by
23		spiritual means through prayer, in accordance with the
24		creed or tenets of any well recognized church or religious
25		denomination. However, such nursing home or sanatorium
26		shall comply with all local laws and rules relating to

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1		sanitation and safety;
2		(7) Any facility licensed by the Department of Human
3		Services as a community-integrated living arrangement as
4		defined in the Community-Integrated Living Arrangements
5		Licensure and Certification Act;
6		(8) Any "supportive residence" licensed under the
7		Supportive Residences Licensing Act;
8		(9) Any "supportive living facility" in good standing
9		with the program established under Section 5-5.01a of the
10		Illinois Public Aid Code, except only for purposes of the
11		employment of persons in accordance with Section 3-206.01;
12		(10) Any assisted living or shared housing
13		establishment licensed under the Assisted Living and
14		Shared Housing Act, except only for purposes of the
15		employment of persons in accordance with Section 3-206.01;
16		(11) An Alzheimer's disease management center
17		alternative health care model licensed under the
18		Alternative Health Care Delivery Act; or
19		(12) A home, institution, or other place operated by or
20		under the authority of the Illinois Department of Veterans'
21		Affairs.
22		(Source: P.A. 96-339, eff. 7-1-10; 96-1000, eff. 7-2-10;
23		97-227, eff. 1-1-12.)
24		(210 ILCS 47/2-202)
25		Sec. 2-202. Contract required.

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1		(a) Before a person is admitted to a facility, or at the
2		expiration of the period of previous contract, or when the
3		source of payment for the resident's care changes from private
4		to public funds or from public to private funds, a written
5		contract shall be executed between a licensee and the following
6		in order of priority:
7		(1) the person, or if the person is a minor, his parent
8		or guardian; or
9		(2) the person's guardian, if any, or agent, if any, as
10		defined in Section 2-3 of the Illinois Power of Attorney
11		Act; or
12		(3) a member of the person's immediate family.
13		An adult person shall be presumed to have the capacity to
14		contract for admission to a long term care facility unless he
15		or she has been adjudicated a "person with a disability
16		disabled person" within the meaning of Section 11a-2 of the
17		Probate Act of 1975, or unless a petition for such an
18		adjudication is pending in a circuit court of Illinois.
19		If there is no guardian, agent or member of the person's
20		immediate family available, able or willing to execute the
21		contract required by this Section and a physician determines
22		that a person is so disabled as to be unable to consent to
23		placement in a facility, or if a person has already been found
24		to be a "person with a disability disabled person", but no
25		order has been entered allowing residential placement of the
26		person, that person may be admitted to a facility before the

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1		execution of a contract required by this Section; provided that
2		a petition for guardianship or for modification of guardianship
3		is filed within 15 days of the person's admission to a
4		facility, and provided further that such a contract is executed
5		within 10 days of the disposition of the petition.
6		No adult shall be admitted to a facility if he or she
7		objects, orally or in writing, to such admission, except as
8		otherwise provided in Chapters III and IV of the Mental Health
9		and Developmental Disabilities Code or Section 11a-14.1 of the
10		Probate Act of 1975.
11		Before a licensee enters a contract under this Section, it
12		shall provide the prospective resident and his or her guardian,
13		if any, with written notice of the licensee's policy regarding
14		discharge of a resident whose private funds for payment of care
15		are exhausted.
16		(b) A resident shall not be discharged or transferred at
17		the expiration of the term of a contract, except as provided in
18		Sections 3-401 through 3-423.
19		(c) At the time of the resident's admission to the
20		facility, a copy of the contract shall be given to the
21		resident, his or her guardian, if any, and any other person who
22		executed the contract.
23		(d) A copy of the contract for a resident who is supported
24		by nonpublic funds other than the resident's own funds shall be
25		made available to the person providing the funds for the
26		resident's support.

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1		(e) The original or a copy of the contract shall be
2		maintained in the facility and be made available upon request
3		to representatives of the Department and the Department of
4		Healthcare and Family Services.
5		(f) The contract shall be written in clear and unambiguous
6		language and shall be printed in not less than 12-point type.
7		The general form of the contract shall be prescribed by the
8		Department.
9		(g) The contract shall specify:
10		(1) the term of the contract;
11		(2) the services to be provided under the contract and
12		the charges for the services;
13		(3) the services that may be provided to supplement the
14		contract and the charges for the services;
15		(4) the sources liable for payments due under the
16		contract;
17		(5) the amount of deposit paid; and
18		(6) the rights, duties and obligations of the resident,
19		except that the specification of a resident's rights may be
20		furnished on a separate document which complies with the
21		requirements of Section 2-211.
22		(h) The contract shall designate the name of the resident's
23		representative, if any. The resident shall provide the facility
24		with a copy of the written agreement between the resident and
25		the resident's representative which authorizes the resident's
26		representative to inspect and copy the resident's records and

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1		authorizes the resident's representative to execute the
2		contract on behalf of the resident required by this Section.
3		(i) The contract shall provide that if the resident is
4		compelled by a change in physical or mental health to leave the
5		facility, the contract and all obligations under it shall
6		terminate on 7 days' notice. No prior notice of termination of
7		the contract shall be required, however, in the case of a
8		resident's death. The contract shall also provide that in all
9		other situations, a resident may terminate the contract and all
10		obligations under it with 30 days' notice. All charges shall be
11		prorated as of the date on which the contract terminates, and,
12		if any payments have been made in advance, the excess shall be
13		refunded to the resident. This provision shall not apply to
14		life care contracts through which a facility agrees to provide
15		maintenance and care for a resident throughout the remainder of
16		his life nor to continuing care contracts through which a
17		facility agrees to supplement all available forms of financial
18		support in providing maintenance and care for a resident
19		throughout the remainder of his or her life.
20		(j) In addition to all other contract specifications
21		contained in this Section admission contracts shall also
22		specify:
23		(1) whether the facility accepts Medicaid clients;
24		(2) whether the facility requires a deposit of the
25		resident or his or her family prior to the establishment of
26		Medicaid eligibility;

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1		(3) in the event that a deposit is required, a clear
2		and concise statement of the procedure to be followed for
3		the return of such deposit to the resident or the
4		appropriate family member or guardian of the person;
5		(4) that all deposits made to a facility by a resident,
6		or on behalf of a resident, shall be returned by the
7		facility within 30 days of the establishment of Medicaid
8		eligibility, unless such deposits must be drawn upon or
9		encumbered in accordance with Medicaid eligibility
10		requirements established by the Department of Healthcare
11		and Family Services.
12		(k) It shall be a business offense for a facility to
13		knowingly and intentionally both retain a resident's deposit
14		and accept Medicaid payments on behalf of that resident.
15		(Source: P.A. 96-339, eff. 7-1-10.)
16		Section 515. The Supportive Residences Licensing Act is
17		amended by changing Section 20 as follows:
18		(210 ILCS 65/20) (from Ch. 111 1/2, par. 9020)
19		Sec. 20. Licensing standards.
20		(a) The Department shall promulgate rules establishing
21		minimum standards for licensing and operating Supportive
22		Residences in municipalities with a population over 500,000. No
23		such municipality shall have more than 12 Supportive
24		Residences. These rules shall regulate the operation and

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1		conduct of Supportive Residences and shall include but not be
2		limited to:
3		(1) development and maintenance of a case management
4		system by which an integrated care plan is to be created
5		for each resident;
6		(2) the training and qualifications of personnel
7		directly responsible for providing care to residents;
8		(3) provisions and criteria for admission, discharge,
9		and transfer of residents;
10		(4) provisions for residents to receive appropriate
11		programming and support services commensurate with their
12		individual needs;
13		(5) agreements between Supportive Residences and
14		hospitals or other health care providers;
15		(6) residents' rights and responsibilities and those
16		of their families and guardians;
17		(7) fee and other contractual agreements between
18		Supportive Residences and residents;
19		(8) medical and supportive services for residents;
20		(9) the safety, cleanliness, and general adequacy of
21		the premises, including provision for maintenance of fire
22		and health standards that conform to State laws and
23		municipal codes, to provide for the physical comfort,
24		well-being, care, and protection of the residents;
25		(10) maintenance of records and residents' rights of
26		access to those records; and

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1		(11) procedures for reporting abuse or neglect of
2		residents.
3		(b) The rules shall also regulate the general financial
4		ability, competence, character, and qualifications of the
5		applicant to provide appropriate care and comply with this Act.
6		(c) The Department may promulgate special rules and
7		regulations establishing minimum standards for Supportive
8		Residences that permit the admission of:
9		(1) residents who are parents with children, whether
10		either or both have HIV Disease; or
11		(2) residents with HIV Disease who are also persons
12		with developmental or physical disabilities
13		developmentally or physically disabled.
14		(d) Nothing in this Act shall be construed to impair or
15		abridge the power of municipalities to enforce municipal zoning
16		or land use ordinances.
17		(Source: P.A. 95-331, eff. 8-21-07.)
18		Section 520. The Hospital Licensing Act is amended by
19		changing Sections 6.09 and 6.11 as follows:
20		(210 ILCS 85/6.09) (from Ch. 111 1/2, par. 147.09)
21		Sec. 6.09. (a) In order to facilitate the orderly
22		transition of aged patients and patients with disabilities and
23		disabled patients from hospitals to post-hospital care,
24		whenever a patient who qualifies for the federal Medicare

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1		program is hospitalized, the patient shall be notified of
2		discharge at least 24 hours prior to discharge from the
3		hospital. With regard to pending discharges to a skilled
4		nursing facility, the hospital must notify the case
5		coordination unit, as defined in 89 Ill. Adm. Code 240.260, at
6		least 24 hours prior to discharge. When the assessment is
7		completed in the hospital, the case coordination unit shall
8		provide the discharge planner with a copy of the prescreening
9		information and accompanying materials, which the discharge
10		planner shall transmit when the patient is discharged to a
11		skilled nursing facility. If home health services are ordered,
12		the hospital must inform its designated case coordination unit,
13		as defined in 89 Ill. Adm. Code 240.260, of the pending
14		discharge and must provide the patient with the case
15		coordination unit's telephone number and other contact
16		information.
17		(b) Every hospital shall develop procedures for a physician
18		with medical staff privileges at the hospital or any
19		appropriate medical staff member to provide the discharge
20		notice prescribed in subsection (a) of this Section. The
21		procedures must include prohibitions against discharging or
22		referring a patient to any of the following if unlicensed,
23		uncertified, or unregistered: (i) a board and care facility, as
24		defined in the Board and Care Home Act; (ii) an assisted living
25		and shared housing establishment, as defined in the Assisted
26		Living and Shared Housing Act; (iii) a facility licensed under

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1		the Nursing Home Care Act, the Specialized Mental Health
2		Rehabilitation Act of 2013, or the ID/DD Community Care Act;
3		(iv) a supportive living facility, as defined in Section
4		5-5.01a of the Illinois Public Aid Code; or (v) a free-standing
5		hospice facility licensed under the Hospice Program Licensing
6		Act if licensure, certification, or registration is required.
7		The Department of Public Health shall annually provide
8		hospitals with a list of licensed, certified, or registered
9		board and care facilities, assisted living and shared housing
10		establishments, nursing homes, supportive living facilities,
11		facilities licensed under the ID/DD Community Care Act or the
12		Specialized Mental Health Rehabilitation Act of 2013, and
13		hospice facilities. Reliance upon this list by a hospital shall
14		satisfy compliance with this requirement. The procedure may
15		also include a waiver for any case in which a discharge notice
16		is not feasible due to a short length of stay in the hospital
17		by the patient, or for any case in which the patient
18		voluntarily desires to leave the hospital before the expiration
19		of the 24 hour period.
20		(c) At least 24 hours prior to discharge from the hospital,
21		the patient shall receive written information on the patient's
22		right to appeal the discharge pursuant to the federal Medicare
23		program, including the steps to follow to appeal the discharge
24		and the appropriate telephone number to call in case the
25		patient intends to appeal the discharge.
26		(d) Before transfer of a patient to a long term care

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1		facility licensed under the Nursing Home Care Act where elderly
2		persons reside, a hospital shall as soon as practicable
3		initiate a name-based criminal history background check by
4		electronic submission to the Department of State Police for all
5		persons between the ages of 18 and 70 years; provided, however,
6		that a hospital shall be required to initiate such a background
7		check only with respect to patients who:
8		(1) are transferring to a long term care facility for
9		the first time;
10		(2) have been in the hospital more than 5 days;
11		(3) are reasonably expected to remain at the long term
12		care facility for more than 30 days;
13		(4) have a known history of serious mental illness or
14		substance abuse; and
15		(5) are independently ambulatory or mobile for more
16		than a temporary period of time.
17		A hospital may also request a criminal history background
18		check for a patient who does not meet any of the criteria set
19		forth in items (1) through (5).
20		A hospital shall notify a long term care facility if the
21		hospital has initiated a criminal history background check on a
22		patient being discharged to that facility. In all circumstances
23		in which the hospital is required by this subsection to
24		initiate the criminal history background check, the transfer to
25		the long term care facility may proceed regardless of the
26		availability of criminal history results. Upon receipt of the

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1		results, the hospital shall promptly forward the results to the
2		appropriate long term care facility. If the results of the
3		background check are inconclusive, the hospital shall have no
4		additional duty or obligation to seek additional information
5		from, or about, the patient.
6		(Source: P.A. 97-38, eff. 6-28-11; 97-227, eff. 1-1-12; 97-813,
7		eff. 7-13-12; 98-104, eff. 7-22-13; 98-651, eff. 6-16-14.)
8		(210 ILCS 85/6.11) (from Ch. 111 1/2, par. 147.11)
9		Sec. 6.11. In licensing any hospital which provides for the
10		diagnosis, care or treatment for persons suffering from mental
11		or emotional disorders or for persons with intellectual
12		disabilities intellectually disabled persons, the Department
13		shall consult with the Department of Human Services in
14		developing standards for and evaluating the psychiatric
15		programs of such hospitals.
16		(Source: P.A. 97-227, eff. 1-1-12.)
17		Section 525. The Community-Integrated Living Arrangements
18		Licensure and Certification Act is amended by changing the
19		title of the Act and Section 3 as follows:
20		(210 ILCS 135/Act title)
21		An Act in relation to community-integrated living
22		arrangements for the mentally ill and for persons with
23		developmental disabilities developmentally disabled.

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1		(210 ILCS 135/3) (from Ch. 91 1/2, par. 1703)
2		Sec. 3. As used in this Act, unless the context requires
3		otherwise:
4		(a) "Applicant" means a person, group of persons,
5		association, partnership or corporation that applies for a
6		license as a community mental health or developmental services
7		agency under this Act.
8		(b) "Community mental health or developmental services
9		agency" or "agency" means a public or private agency,
10		association, partnership, corporation or organization which,
11		pursuant to this Act, certifies community-integrated living
12		arrangements for persons with mental illness or persons with a
13		developmental disability.
14		(c) "Department" means the Department of Human Services (as
15		successor to the Department of Mental Health and Developmental
16		Disabilities).
17		(d) "Community-integrated living arrangement" means a
18		living arrangement certified by a community mental health or
19		developmental services agency under this Act where 8 or fewer
20		recipients with mental illness or recipients with a
21		developmental disability who reside under the supervision of
22		the agency. Examples of community integrated living
23		arrangements include but are not limited to the following:
24		(1) "Adult foster care", a living arrangement for
25		recipients in residences of families unrelated to them, for

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1		the purpose of providing family care for the recipients on
2		a full-time basis;
3		(2) "Assisted residential care", an independent living
4		arrangement where recipients are intermittently supervised
5		by off-site staff;
6		(3) "Crisis residential care", a non-medical living
7		arrangement where recipients in need of non-medical,
8		crisis services are supervised by on-site staff 24 hours a
9		day;
10		(4) "Home individual programs", living arrangements
11		for 2 unrelated adults outside the family home;
12		(5) "Supported residential care", a living arrangement
13		where recipients are supervised by on-site staff and such
14		supervision is provided less than 24 hours a day;
15		(6) "Community residential alternatives", as defined
16		in the Community Residential Alternatives Licensing Act;
17		and
18		(7) "Special needs trust-supported residential care",
19		a living arrangement where recipients are supervised by
20		on-site staff and that supervision is provided 24 hours per
21		day or less, as dictated by the needs of the recipients,
22		and determined by service providers. As used in this item
23		(7), "special needs trust" means a trust for the benefit of
24		a beneficiary with a disability disabled beneficiary as
25		described in Section 15.1 of the Trusts and Trustees Act.
26		(e) "Recipient" means a person who has received, is

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1		receiving, or is in need of treatment or habilitation as those
2		terms are defined in the Mental Health and Developmental
3		Disabilities Code.
4		(f) "Unrelated" means that persons residing together in
5		programs or placements certified by a community mental health
6		or developmental services agency under this Act do not have any
7		of the following relationships by blood, marriage or adoption:
8		parent, son, daughter, brother, sister, grandparent, uncle,
9		aunt, nephew, niece, great grandparent, great uncle, great
10		aunt, stepbrother, stepsister, stepson, stepdaughter,
11		stepparent or first cousin.
12		(Source: P.A. 93-274, eff. 1-1-04.)
13		Section 530. The Illinois Insurance Code is amended by
14		changing Sections 4, 143.24, 143.24a, 155.52, 236, 356b,
15		356z.2, 357.3, 362a, 364, 367b, 367i, 424, 500-50, and 500-60
16		as follows:
17		(215 ILCS 5/4) (from Ch. 73, par. 616)
18		Sec. 4. Classes of insurance. Insurance and insurance
19		business shall be classified as follows:
20		Class 1. Life, Accident and Health.
21		(a) Life. Insurance on the lives of persons and every
22		insurance appertaining thereto or connected therewith and
23		granting, purchasing or disposing of annuities. Policies of
24		life or endowment insurance or annuity contracts or contracts

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1		supplemental thereto which contain provisions for additional
2		benefits in case of death by accidental means and provisions
3		operating to safeguard such policies or contracts against
4		lapse, to give a special surrender value, or special benefit,
5		or an annuity, in the event, that the insured or annuitant
6		shall become a person with a total and permanent disability
7		totally and permanently disabled as defined by the policy or
8		contract, or which contain benefits providing acceleration of
9		life or endowment or annuity benefits in advance of the time
10		they would otherwise be payable, as an indemnity for long term
11		care which is certified or ordered by a physician, including
12		but not limited to, professional nursing care, medical care
13		expenses, custodial nursing care, non-nursing custodial care
14		provided in a nursing home or at a residence of the insured, or
15		which contain benefits providing acceleration of life or
16		endowment or annuity benefits in advance of the time they would
17		otherwise be payable, at any time during the insured's
18		lifetime, as an indemnity for a terminal illness shall be
19		deemed to be policies of life or endowment insurance or annuity
20		contracts within the intent of this clause.
21		Also to be deemed as policies of life or endowment
22		insurance or annuity contracts within the intent of this clause
23		shall be those policies or riders that provide for the payment
24		of up to 75% of the face amount of benefits in advance of the
25		time they would otherwise be payable upon a diagnosis by a
26		physician licensed to practice medicine in all of its branches

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1		that the insured has incurred a covered condition listed in the
2		policy or rider.
3		"Covered condition", as used in this clause, means: heart
4		attack, stroke, coronary artery surgery, life threatening
5		cancer, renal failure, alzheimer's disease, paraplegia, major
6		organ transplantation, total and permanent disability, and any
7		other medical condition that the Department may approve for any
8		particular filing.
9		The Director may issue rules that specify prohibited policy
10		provisions, not otherwise specifically prohibited by law,
11		which in the opinion of the Director are unjust, unfair, or
12		unfairly discriminatory to the policyholder, any person
13		insured under the policy, or beneficiary.
14		(b) Accident and health. Insurance against bodily injury,
15		disablement or death by accident and against disablement
16		resulting from sickness or old age and every insurance
17		appertaining thereto, including stop-loss insurance. Stop-loss
18		insurance is insurance against the risk of economic loss issued
19		to a single employer self-funded employee disability benefit
20		plan or an employee welfare benefit plan as described in 29
21		U.S.C. 100 et seq. The insurance laws of this State, including
22		this Code, do not apply to arrangements between a religious
23		organization and the organization's members or participants
24		when the arrangement and organization meet all of the following
25		criteria:
26		(i) the organization is described in Section 501(c)(3)

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1		of the Internal Revenue Code and is exempt from taxation
2		under Section 501(a) of the Internal Revenue Code;
3		(ii) members of the organization share a common set of
4		ethical or religious beliefs and share medical expenses
5		among members in accordance with those beliefs and without
6		regard to the state in which a member resides or is
7		employed;
8		(iii) no funds that have been given for the purpose of
9		the sharing of medical expenses among members described in
10		paragraph (ii) of this subsection (b) are held by the
11		organization in an off-shore trust or bank account;
12		(iv) the organization provides at least monthly to all
13		of its members a written statement listing the dollar
14		amount of qualified medical expenses that members have
15		submitted for sharing, as well as the amount of expenses
16		actually shared among the members;
17		(v) members of the organization retain membership even
18		after they develop a medical condition;
19		(vi) the organization or a predecessor organization
20		has been in existence at all times since December 31, 1999,
21		and medical expenses of its members have been shared
22		continuously and without interruption since at least
23		December 31, 1999;
24		(vii) the organization conducts an annual audit that is
25		performed by an independent certified public accounting
26		firm in accordance with generally accepted accounting

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1		principles and is made available to the public upon
2		request;
3		(viii) the organization includes the following
4		statement, in writing, on or accompanying all applications
5		and guideline materials:
6		"Notice: The organization facilitating the sharing of
7		medical expenses is not an insurance company, and
8		neither its guidelines nor plan of operation
9		constitute or create an insurance policy. Any
10		assistance you receive with your medical bills will be
11		totally voluntary. As such, participation in the
12		organization or a subscription to any of its documents
13		should never be considered to be insurance. Whether or
14		not you receive any payments for medical expenses and
15		whether or not this organization continues to operate,
16		you are always personally responsible for the payment
17		of your own medical bills.";
18		(ix) any membership card or similar document issued by
19		the organization and any written communication sent by the
20		organization to a hospital, physician, or other health care
21		provider shall include a statement that the organization
22		does not issue health insurance and that the member or
23		participant is personally liable for payment of his or her
24		medical bills;
25		(x) the organization provides to a participant, within
26		30 days after the participant joins, a complete set of its

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1		rules for the sharing of medical expenses, appeals of
2		decisions made by the organization, and the filing of
3		complaints;
4		(xi) the organization does not offer any other services
5		that are regulated under any provision of the Illinois
6		Insurance Code or other insurance laws of this State; and
7		(xii) the organization does not amass funds as reserves
8		intended for payment of medical services, rather the
9		organization facilitates the payments provided for in this
10		subsection (b) through payments made directly from one
11		participant to another.
12		(c) Legal Expense Insurance. Insurance which involves the
13		assumption of a contractual obligation to reimburse the
14		beneficiary against or pay on behalf of the beneficiary, all or
15		a portion of his fees, costs, or expenses related to or arising
16		out of services performed by or under the supervision of an
17		attorney licensed to practice in the jurisdiction wherein the
18		services are performed, regardless of whether the payment is
19		made by the beneficiaries individually or by a third person for
20		them, but does not include the provision of or reimbursement
21		for legal services incidental to other insurance coverages. The
22		insurance laws of this State, including this Act do not apply
23		to:
24		(i) Retainer contracts made by attorneys at law with
25		individual clients with fees based on estimates of the
26		nature and amount of services to be provided to the

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1		specific client, and similar contracts made with a group of
2		clients involved in the same or closely related legal
3		matters;
4		(ii) Plans owned or operated by attorneys who are the
5		providers of legal services to the plan;
6		(iii) Plans providing legal service benefits to groups
7		where such plans are owned or operated by authority of a
8		state, county, local or other bar association;
9		(iv) Any lawyer referral service authorized or
10		operated by a state, county, local or other bar
11		association;
12		(v) The furnishing of legal assistance by labor unions
13		and other employee organizations to their members in
14		matters relating to employment or occupation;
15		(vi) The furnishing of legal assistance to members or
16		dependents, by churches, consumer organizations,
17		cooperatives, educational institutions, credit unions, or
18		organizations of employees, where such organizations
19		contract directly with lawyers or law firms for the
20		provision of legal services, and the administration and
21		marketing of such legal services is wholly conducted by the
22		organization or its subsidiary;
23		(vii) Legal services provided by an employee welfare
24		benefit plan defined by the Employee Retirement Income
25		Security Act of 1974;
26		(viii) Any collectively bargained plan for legal

HB4049 Engrossed - 972 - LRB099 03667 KTG 23678 b
1		services between a labor union and an employer negotiated
2		pursuant to Section 302 of the Labor Management Relations
3		Act as now or hereafter amended, under which plan legal
4		services will be provided for employees of the employer
5		whether or not payments for such services are funded to or
6		through an insurance company.
7		Class 2. Casualty, Fidelity and Surety.
8		(a) Accident and health. Insurance against bodily injury,
9		disablement or death by accident and against disablement
10		resulting from sickness or old age and every insurance
11		appertaining thereto, including stop-loss insurance. Stop-loss
12		insurance is insurance against the risk of economic loss issued
13		to a single employer self-funded employee disability benefit
14		plan or an employee welfare benefit plan as described in 29
15		U.S.C. 1001 et seq.
16		(b) Vehicle. Insurance against any loss or liability
17		resulting from or incident to the ownership, maintenance or use
18		of any vehicle (motor or otherwise), draft animal or aircraft.
19		Any policy insuring against any loss or liability on account of
20		the bodily injury or death of any person may contain a
21		provision for payment of disability benefits to injured persons
22		and death benefits to dependents, beneficiaries or personal
23		representatives of persons who are killed, including the named
24		insured, irrespective of legal liability of the insured, if the
25		injury or death for which benefits are provided is caused by
26		accident and sustained while in or upon or while entering into

HB4049 Engrossed - 973 - LRB099 03667 KTG 23678 b
1		or alighting from or through being struck by a vehicle (motor
2		or otherwise), draft animal or aircraft, and such provision
3		shall not be deemed to be accident insurance.
4		(c) Liability. Insurance against the liability of the
5		insured for the death, injury or disability of an employee or
6		other person, and insurance against the liability of the
7		insured for damage to or destruction of another person's
8		property.
9		(d) Workers' compensation. Insurance of the obligations
10		accepted by or imposed upon employers under laws for workers'
11		compensation.
12		(e) Burglary and forgery. Insurance against loss or damage
13		by burglary, theft, larceny, robbery, forgery, fraud or
14		otherwise; including all householders' personal property
15		floater risks.
16		(f) Glass. Insurance against loss or damage to glass
17		including lettering, ornamentation and fittings from any
18		cause.
19		(g) Fidelity and surety. Become surety or guarantor for any
20		person, copartnership or corporation in any position or place
21		of trust or as custodian of money or property, public or
22		private; or, becoming a surety or guarantor for the performance
23		of any person, copartnership or corporation of any lawful
24		obligation, undertaking, agreement or contract of any kind,
25		except contracts or policies of insurance; and underwriting
26		blanket bonds. Such obligations shall be known and treated as

HB4049 Engrossed - 974 - LRB099 03667 KTG 23678 b
1		suretyship obligations and such business shall be known as
2		surety business.
3		(h) Miscellaneous. Insurance against loss or damage to
4		property and any liability of the insured caused by accidents
5		to boilers, pipes, pressure containers, machinery and
6		apparatus of any kind and any apparatus connected thereto, or
7		used for creating, transmitting or applying power, light, heat,
8		steam or refrigeration, making inspection of and issuing
9		certificates of inspection upon elevators, boilers, machinery
10		and apparatus of any kind and all mechanical apparatus and
11		appliances appertaining thereto; insurance against loss or
12		damage by water entering through leaks or openings in
13		buildings, or from the breakage or leakage of a sprinkler,
14		pumps, water pipes, plumbing and all tanks, apparatus, conduits
15		and containers designed to bring water into buildings or for
16		its storage or utilization therein, or caused by the falling of
17		a tank, tank platform or supports, or against loss or damage
18		from any cause (other than causes specifically enumerated under
19		Class 3 of this Section) to such sprinkler, pumps, water pipes,
20		plumbing, tanks, apparatus, conduits or containers; insurance
21		against loss or damage which may result from the failure of
22		debtors to pay their obligations to the insured; and insurance
23		of the payment of money for personal services under contracts
24		of hiring.
25		(i) Other casualty risks. Insurance against any other
26		casualty risk not otherwise specified under Classes 1 or 3,

HB4049 Engrossed - 975 - LRB099 03667 KTG 23678 b
1		which may lawfully be the subject of insurance and may properly
2		be classified under Class 2.
3		(j) Contingent losses. Contingent, consequential and
4		indirect coverages wherein the proximate cause of the loss is
5		attributable to any one of the causes enumerated under Class 2.
6		Such coverages shall, for the purpose of classification, be
7		included in the specific grouping of the kinds of insurance
8		wherein such cause is specified.
9		(k) Livestock and domestic animals. Insurance against
10		mortality, accident and health of livestock and domestic
11		animals.
12		(l) Legal expense insurance. Insurance against risk
13		resulting from the cost of legal services as defined under
14		Class 1(c).
15		Class 3. Fire and Marine, etc.
16		(a) Fire. Insurance against loss or damage by fire, smoke
17		and smudge, lightning or other electrical disturbances.
18		(b) Elements. Insurance against loss or damage by
19		earthquake, windstorms, cyclone, tornado, tempests, hail,
20		frost, snow, ice, sleet, flood, rain, drought or other weather
21		or climatic conditions including excess or deficiency of
22		moisture, rising of the waters of the ocean or its tributaries.
23		(c) War, riot and explosion. Insurance against loss or
24		damage by bombardment, invasion, insurrection, riot, strikes,
25		civil war or commotion, military or usurped power, or explosion
26		(other than explosion of steam boilers and the breaking of fly

HB4049 Engrossed - 976 - LRB099 03667 KTG 23678 b
1		wheels on premises owned, controlled, managed, or maintained by
2		the insured.)
3		(d) Marine and transportation. Insurance against loss or
4		damage to vessels, craft, aircraft, vehicles of every kind,
5		(excluding vehicles operating under their own power or while in
6		storage not incidental to transportation) as well as all goods,
7		freights, cargoes, merchandise, effects, disbursements,
8		profits, moneys, bullion, precious stones, securities, chooses
9		in action, evidences of debt, valuable papers, bottomry and
10		respondentia interests and all other kinds of property and
11		interests therein, in respect to, appertaining to or in
12		connection with any or all risks or perils of navigation,
13		transit, or transportation, including war risks, on or under
14		any seas or other waters, on land or in the air, or while being
15		assembled, packed, crated, baled, compressed or similarly
16		prepared for shipment or while awaiting the same or during any
17		delays, storage, transshipment, or reshipment incident
18		thereto, including marine builder's risks and all personal
19		property floater risks; and for loss or damage to persons or
20		property in connection with or appertaining to marine, inland
21		marine, transit or transportation insurance, including
22		liability for loss of or damage to either arising out of or in
23		connection with the construction, repair, operation,
24		maintenance, or use of the subject matter of such insurance,
25		(but not including life insurance or surety bonds); but, except
26		as herein specified, shall not mean insurances against loss by

HB4049 Engrossed - 977 - LRB099 03667 KTG 23678 b
1		reason of bodily injury to the person; and insurance against
2		loss or damage to precious stones, jewels, jewelry, gold,
3		silver and other precious metals whether used in business or
4		trade or otherwise and whether the same be in course of
5		transportation or otherwise, which shall include jewelers'
6		block insurance; and insurance against loss or damage to
7		bridges, tunnels and other instrumentalities of transportation
8		and communication (excluding buildings, their furniture and
9		furnishings, fixed contents and supplies held in storage)
10		unless fire, tornado, sprinkler leakage, hail, explosion,
11		earthquake, riot and civil commotion are the only hazards to be
12		covered; and to piers, wharves, docks and slips, excluding the
13		risks of fire, tornado, sprinkler leakage, hail, explosion,
14		earthquake, riot and civil commotion; and to other aids to
15		navigation and transportation, including dry docks and marine
16		railways, against all risk.
17		(e) Vehicle. Insurance against loss or liability resulting
18		from or incident to the ownership, maintenance or use of any
19		vehicle (motor or otherwise), draft animal or aircraft,
20		excluding the liability of the insured for the death, injury or
21		disability of another person.
22		(f) Property damage, sprinkler leakage and crop. Insurance
23		against the liability of the insured for loss or damage to
24		another person's property or property interests from any cause
25		enumerated in this class; insurance against loss or damage by
26		water entering through leaks or openings in buildings, or from

HB4049 Engrossed - 978 - LRB099 03667 KTG 23678 b
1		the breakage or leakage of a sprinkler, pumps, water pipes,
2		plumbing and all tanks, apparatus, conduits and containers
3		designed to bring water into buildings or for its storage or
4		utilization therein, or caused by the falling of a tank, tank
5		platform or supports or against loss or damage from any cause
6		to such sprinklers, pumps, water pipes, plumbing, tanks,
7		apparatus, conduits or containers; insurance against loss or
8		damage from insects, diseases or other causes to trees, crops
9		or other products of the soil.
10		(g) Other fire and marine risks. Insurance against any
11		other property risk not otherwise specified under Classes 1 or
12		2, which may lawfully be the subject of insurance and may
13		properly be classified under Class 3.
14		(h) Contingent losses. Contingent, consequential and
15		indirect coverages wherein the proximate cause of the loss is
16		attributable to any of the causes enumerated under Class 3.
17		Such coverages shall, for the purpose of classification, be
18		included in the specific grouping of the kinds of insurance
19		wherein such cause is specified.
20		(i) Legal expense insurance. Insurance against risk
21		resulting from the cost of legal services as defined under
22		Class 1(c).
23		(Source: P.A. 97-705, eff. 1-1-13; 97-707, eff. 1-1-13.)
24		(215 ILCS 5/143.24) (from Ch. 73, par. 755.24)
25		Sec. 143.24. Limited Nonrenewal of Automobile Insurance

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1		Policy. A policy of automobile insurance, as defined in
2		subsection (a) of Section 143.13, may not be nonrenewed for any
3		of the following reasons:
4		a. Age;
5		b. Sex;
6		c. Race;
7		d. Color;
8		e. Creed;
9		f. Ancestry;
10		g. Occupation;
11		h. Marital Status;
12		i. Employer of the insured;
13		j. Physical disability handicap as defined in Section
14		143.24a of this Act.
15		(Source: P.A. 86-437.)
16		(215 ILCS 5/143.24a) (from Ch. 73, par. 755.24a)
17		Sec. 143.24a. (a) No insurer, licensed to issue a policy of
18		automobile insurance, as defined in subsection (a) of Section
19		143.13, shall fail or refuse to accept an application from a
20		person with a physical disability physically handicapped
21		person for such insurance, refuse to issue such insurance to an
22		applicant with a physical disability a physically handicapped
23		applicant therefor solely because of a physical disability
24		handicap, or issue or cancel such insurance under conditions
25		less favorable to persons with physical disabilities

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1		physically handicapped persons than persons without physical
2		disabilities nonhandicapped persons; nor shall a physical
3		disability handicap itself constitute a condition or risk for
4		which a higher premium may be required of a person with a
5		physical disability physically handicapped person for such
6		insurance.
7		(b) As used in this Section, "physical disability handicap"
8		refers only to an impairment of physical ability because of
9		amputation or loss of function which impairment has been
10		compensated for, when necessary, by vehicle equipment
11		adaptation or modification; or an impairment of hearing which
12		impairment has been compensated for, when necessary, either by
13		sensory equipment adaptation or modification, or an impairment
14		of speech; provided, that the insurer may require an applicant
15		with a physical disability a physically handicapped applicant
16		for such insurance on the renewal of such insurance to furnish
17		proof that he or she has qualified for a new or renewed drivers
18		license since the occurrence of the disabling handicapping
19		condition.
20		(Source: P.A. 85-762.)
21		(215 ILCS 5/155.52) (from Ch. 73, par. 767.52)
22		Sec. 155.52. Definitions.
23		For the purpose of this Article:
24		(a) "Credit life insurance" means insurance on the life of
25		a debtor pursuant to or in connection with a specific loan or

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1		other credit transaction;
2		(b) "Credit Accident and health insurance" means insurance
3		on a debtor to provide indemnity for payments becoming due on a
4		specific loan or other credit transaction while the debtor is a
5		person with a disability disabled as defined in the policy;
6		(c) "Creditor" means the lender of money or vendor or
7		lessor of goods, services, property, rights or privileges, for
8		which payment is arranged through a credit transaction or any
9		successor to the right, title or interest of any such lender,
10		vendor or lessor, and an affiliate, associate or subsidiary of
11		any of them or any director, officer or employee of any of them
12		or any other person in any way associated with any of them;
13		(d) "Debtor" means a borrower of money or a purchaser or
14		lessee of goods, services, property, rights or privileges for
15		which payment is arranged through a credit transaction;
16		(e) "Indebtedness" means the total amount payable by a
17		debtor to a creditor in connection with a loan or other credit
18		transaction;
19		(f) "Director" means the Director of Insurance of the State
20		of Illinois.
21		(Source: Laws 1959, p. 1140.)
22		(215 ILCS 5/236) (from Ch. 73, par. 848)
23		Sec. 236. Discrimination prohibited.
24		(a) No life company doing business in this State shall make
25		or permit any distinction or discrimination in favor of

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1		individuals among insured persons of the same class and equal
2		expectation of life in the issuance of its policies, in the
3		amount of payment of premiums or rates charged for policies of
4		insurance, in the amount of any dividends or other benefits
5		payable thereon, or in any other of the terms and conditions of
6		the contracts it makes.
7		(b) No life company shall make or permit any distinction or
8		discrimination against individuals with handicaps or
9		disabilities in the amount of payment of premiums or rates
10		charged for policies of life insurance, in the amount of any
11		dividends or death benefits payable thereon, or in any other
12		terms and conditions of the contract it makes unless the rate
13		differential is based on sound actuarial principles and a
14		reasonable system of classification and is related to actual or
15		reasonably anticipated experience directly associated with the
16		handicap or disability.
17		(c) No life company shall refuse to insure, or refuse to
18		continue to insure, or limit the amount or extent or kind of
19		coverage available to an individual, or charge an individual a
20		different rate for the same coverage solely because of
21		blindness or partial blindness. With respect to all other
22		conditions, including the underlying cause of the blindness or
23		partial blindness, persons who are blind or partially blind
24		shall be subject to the same standards of sound actuarial
25		principles or actual or reasonably anticipated experience as
26		are sighted persons. Refusal to insure includes denial by an

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1		insurer of disability insurance coverage on the grounds that
2		the policy defines "disability" as being presumed in the event
3		that the insured loses his or her eyesight. However, an insurer
4		may exclude from coverage disabilities consisting solely of
5		blindness or partial blindness when such condition existed at
6		the time the policy was issued.
7		(d) No life company shall refuse to insure or to continue
8		to insure an individual solely because of the individual's
9		status as a member of the United States Air Force, Army, Coast
10		Guard, Marines, or Navy or solely because of the individual's
11		status as a member of the National Guard or Armed Forces
12		Reserve.
13		(e) An insurer or producer authorized to issue policies of
14		insurance in this State may not make a distinction or otherwise
15		discriminate between persons, reject an applicant, cancel a
16		policy, or demand or require a higher rate of premium for
17		reasons based solely upon an applicant's or insured's past
18		lawful travel experiences or future lawful travel plans. This
19		subsection (e) does not prohibit an insurer or producer from
20		excluding or limiting coverage under a policy or refusing to
21		offer the policy based upon past lawful travel or future lawful
22		travel plans or from charging a different rate for that
23		coverage when that action is based upon sound actuarial
24		principles or is related to actual or reasonably expected
25		experience and is not based solely on the destination's
26		inclusion on the United States Department of State's travel

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1		warning list.
2		(Source: P.A. 95-163, eff. 1-1-08.)
3		(215 ILCS 5/356b) (from Ch. 73, par. 968b)
4		Sec. 356b. (a) This Section applies to the hospital and
5		medical expense provisions of an accident or health insurance
6		policy.
7		(b) If a policy provides that coverage of a dependent
8		person terminates upon attainment of the limiting age for
9		dependent persons specified in the policy, the attainment of
10		such limiting age does not operate to terminate the hospital
11		and medical coverage of a person who, because of a disabling
12		handicapped condition that occurred before attainment of the
13		limiting age, is incapable of self-sustaining employment and is
14		dependent on his or her parents or other care providers for
15		lifetime care and supervision.
16		(c) For purposes of subsection (b), "dependent on other
17		care providers" is defined as requiring a Community Integrated
18		Living Arrangement, group home, supervised apartment, or other
19		residential services licensed or certified by the Department of
20		Human Services (as successor to the Department of Mental Health
21		and Developmental Disabilities), the Department of Public
22		Health, or the Department of Healthcare and Family Services
23		(formerly Department of Public Aid).
24		(d) The insurer may inquire of the policyholder 2 months
25		prior to attainment by a dependent of the limiting age set

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1		forth in the policy, or at any reasonable time thereafter,
2		whether such dependent is in fact a person who has a disability
3		and is dependent disabled and dependent person and, in the
4		absence of proof submitted within 60 days of such inquiry that
5		such dependent is a person who has a disability and is
6		dependent disabled and dependent person may terminate coverage
7		of such person at or after attainment of the limiting age. In
8		the absence of such inquiry, coverage of any person who has a
9		disability and is dependent disabled and dependent person shall
10		continue through the term of such policy or any extension or
11		renewal thereof.
12		(e) This amendatory Act of 1969 is applicable to policies
13		issued or renewed more than 60 days after the effective date of
14		this amendatory Act of 1969.
15		(Source: P.A. 95-331, eff. 8-21-07.)
16		(215 ILCS 5/356z.2)
17		Sec. 356z.2. Coverage for adjunctive services in dental
18		care.
19		(a) An individual or group policy of accident and health
20		insurance amended, delivered, issued, or renewed after the
21		effective date of this amendatory Act of the 92nd General
22		Assembly shall cover charges incurred, and anesthetics
23		provided, in conjunction with dental care that is provided to a
24		covered individual in a hospital or an ambulatory surgical
25		treatment center if any of the following applies:

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1		(1) the individual is a child age 6 or under;
2		(2) the individual has a medical condition that
3		requires hospitalization or general anesthesia for dental
4		care; or
5		(3) the individual is a person with a disability
6		disabled.
7		(b) For purposes of this Section, "ambulatory surgical
8		treatment center" has the meaning given to that term in Section
9		3 of the Ambulatory Surgical Treatment Center Act.
10		For purposes of this Section, "person with a disability
11		disabled" means a person, regardless of age, with a chronic
12		disability if the chronic disability meets all of the following
13		conditions:
14		(1) It is attributable to a mental or physical
15		impairment or combination of mental and physical
16		impairments.
17		(2) It is likely to continue.
18		(3) It results in substantial functional limitations
19		in one or more of the following areas of major life
20		activity:
21		(A) self-care;
22		(B) receptive and expressive language;
23		(C) learning;
24		(D) mobility;
25		(E) capacity for independent living; or
26		(F) economic self-sufficiency.

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1		(c) The coverage required under this Section may be subject
2		to any limitations, exclusions, or cost-sharing provisions
3		that apply generally under the insurance policy.
4		(d) This Section does not apply to a policy that covers
5		only dental care.
6		(e) Nothing in this Section requires that the dental
7		services be covered.
8		(f) The provisions of this Section do not apply to
9		short-term travel, accident-only, limited, or specified
10		disease policies, nor to policies or contracts designed for
11		issuance to persons eligible for coverage under Title XVIII of
12		the Social Security Act, known as Medicare, or any other
13		similar coverage under State or federal governmental plans.
14		(Source: P.A. 95-331, eff. 8-21-07.)
15		(215 ILCS 5/357.3) (from Ch. 73, par. 969.3)
16		Sec. 357.3. "TIME LIMIT ON CERTAIN DEFENSES: (1) After 2
17		years from the date of issue of this policy no misstatements,
18		except fraudulent misstatements, made by the applicant in the
19		application for such policy shall be used to void the policy or
20		to deny a claim for loss incurred or disability (as defined in
21		the policy) commencing after the expiration of such 2 year
22		period."
23		(The foregoing policy provision shall not be so construed
24		as to affect any legal requirement for avoidance of a policy or
25		denial of a claim during such initial 2 year period, nor to

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1		limit the application of section 357.15 through section 357.19
2		in the event of misstatement with respect to age or occupation
3		or other insurance.)
4		A policy which the insured has the right to continue in
5		force subject to its terms by the timely payment of premium (1)
6		until at least age 50 or, (2) in the case of a policy issued
7		after age 44, for at least 5 years from its date of issue, may
8		contain in lieu of the foregoing the following provisions (from
9		which the clause in parentheses may be omitted at the company's
10		option) under the caption "INCONTESTABLE":
11		"After this policy has been in force for a period of 2
12		years during the lifetime of the insured (excluding any period
13		during which the insured is a person with a disability
14		disabled), it shall become incontestable as to the statements
15		contained in the application."
16		(2) "No claim for loss incurred or disability (as defined
17		in the policy) commencing after 2 years from the date of issue
18		of this policy shall be reduced or denied on the ground that a
19		disease or physical condition not excluded from coverage by
20		name or specific description effective on the date of loss had
21		existed prior to the effective date of coverage of this
22		policy."
23		(Source: Laws 1967, p. 1735.)
24		(215 ILCS 5/362a) (from Ch. 73, par. 974a)
25		Sec. 362a. Non-application to certain policies. The

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1		provisions of sections 356a to 359a, both inclusive, shall not
2		apply to or affect (1) any policy of workers' compensation
3		insurance or any policy of liability insurance with or without
4		supplementary expense coverage therein; or (2) any policy or
5		contract of reinsurance; or (3) any group policy of insurance
6		(unless otherwise specifically provided); or (4) life
7		insurance, endowment or annuity contracts, or contracts
8		supplemental thereto which contain only such provisions
9		relating to accident and sickness insurance as (a) provide
10		additional benefits in case of death or dismemberment or loss
11		of sight by accident, or as (b) operate to safeguard such
12		contracts against lapse, or to give a special surrender value
13		or special benefit or an annuity in the event that the insured
14		or annuitant shall become a person with a total and permanent
15		disability totally and permanently disabled, as defined by the
16		contract or supplemental contract.
17		(Source: P.A. 81-992.)
18		(215 ILCS 5/364) (from Ch. 73, par. 976)
19		Sec. 364. Discrimination prohibited. Discrimination
20		between individuals of the same class of risk in the issuance
21		of its policies or in the amount of premiums or rates charged
22		for any insurance covered by this article, or in the benefits
23		payable thereon, or in any of the terms or conditions of such
24		policy, or in any other manner whatsoever is prohibited.
25		Nothing in this provision shall prohibit an insurer from

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1		providing incentives for insureds to utilize the services of a
2		particular hospital or person. It is hereby expressly provided
3		that whenever the terms "physician" or "doctor" appear or are
4		used in any way in any policy of accident or health insurance
5		issued in this state, said terms shall include within their
6		meaning persons licensed to practice dentistry under the
7		Illinois Dental Practice Act with regard to benefits payable
8		for services performed by a person so licensed, which such
9		services are within the coverage provided by the particular
10		policy or contract of insurance and are within the professional
11		services authorized to be performed by such person under and in
12		accordance with the said Act.
13		No company, in any policy of accident or health insurance
14		issued in this State, shall make or permit any distinction or
15		discrimination against individuals solely because of the
16		individuals' disabilities handicaps or disabilities in the
17		amount of payment of premiums or rates charged for policies of
18		insurance, in the amount of any dividends or other benefits
19		payable thereon, or in any other terms and conditions of the
20		contract it makes, except where the distinction or
21		discrimination is based on sound actuarial principles or is
22		related to actual or reasonably anticipated experience.
23		No company shall refuse to insure, or refuse to continue to
24		insure, or limit the amount or extent or kind of coverage
25		available to an individual, or charge an individual a different
26		rate for the same coverage solely because of blindness or

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1		partial blindness. With respect to all other conditions,
2		including the underlying cause of the blindness or partial
3		blindness, persons who are blind or partially blind shall be
4		subject to the same standards of sound actuarial principles or
5		actual or reasonably anticipated experience as are sighted
6		persons. Refusal to insure includes denial by an insurer of
7		disability insurance coverage on the grounds that the policy
8		defines "disability" as being presumed in the event that the
9		insured loses his or her eyesight.
10		(Source: P.A. 91-549, eff. 8-14-99.)
11		(215 ILCS 5/367b) (from Ch. 73, par. 979b)
12		Sec. 367b. (a) This Section applies to the hospital and
13		medical expense provisions of a group accident or health
14		insurance policy.
15		(b) If a policy provides that coverage of a dependent of an
16		employee or other member of the covered group terminates upon
17		attainment of the limiting age for dependent persons specified
18		in the policy, the attainment of such limiting age does not
19		operate to terminate the hospital and medical coverage of a
20		person who, because of a disabling handicapped condition that
21		occurred before attainment of the limiting age, is incapable of
22		self-sustaining employment and is dependent on his or her
23		parents or other care providers for lifetime care and
24		supervision.
25		(c) For purposes of subsection (b), "dependent on other

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1		care providers" is defined as requiring a Community Integrated
2		Living Arrangement, group home, supervised apartment, or other
3		residential services licensed or certified by the Department of
4		Human Services (as successor to the Department of Mental Health
5		and Developmental Disabilities), the Department of Public
6		Health, or the Department of Healthcare and Family Services
7		(formerly Department of Public Aid).
8		(d) The insurer may inquire of the person insured 2 months
9		prior to attainment by a dependent of the limiting age set
10		forth in the policy, or at any reasonable time thereafter,
11		whether such dependent is in fact a person who has a disability
12		and is dependent disabled and dependent person and, in the
13		absence of proof submitted within 31 days of such inquiry that
14		such dependent is a person who has a disability and is
15		dependent disabled and dependent person may terminate coverage
16		of such person at or after attainment of the limiting age. In
17		the absence of such inquiry, coverage of any person who has a
18		disability and is dependent disabled and dependent person shall
19		continue through the term of such policy or any extension or
20		renewal.
21		(e) This amendatory Act of 1969 is applicable to policies
22		issued or renewed more than 60 days after the effective date of
23		this amendatory Act of 1969.
24		(Source: P.A. 95-331, eff. 8-21-07.)
25		(215 ILCS 5/367i) (from Ch. 73, par. 979i)

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1		Sec. 367i. Discontinuance and replacement of coverage.
2		Group health insurance policies issued, amended, delivered or
3		renewed on and after the effective date of this amendatory Act
4		of 1989, shall provide a reasonable extension of benefits in
5		the event of total disability on the date the policy is
6		discontinued for any reason.
7		Any applicable extension of benefits or accrued liability
8		shall be described in the policy and group certificate.
9		Benefits payable during any extension of benefits may be
10		subject to the policy's regular benefit limits.
11		Any insurer discontinuing a group health insurance policy
12		shall provide to the policyholder for delivery to covered
13		employees or members a notice as to the date such
14		discontinuation is to be effective and urging them to refer to
15		their group certificates to determine what contract rights, if
16		any, are available to them.
17		In the event a discontinued policy is replaced by another
18		group policy, the prior insurer or plan shall be liable only to
19		the extent of its accrued liabilities and extension of
20		benefits. Persons eligible for coverage under the succeeding
21		insurer's plan shall include all employees and dependents
22		covered under the prior insurer's plan, including individuals
23		with disabilities disabled individuals covered under the prior
24		plan but absent from work on the effective date and thereafter.
25		The prior insurer shall provide extension of benefits for an
26		insured's disabling condition when no coverage is available

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1		under the succeeding insurer's plan whether due to the absence
2		of coverage in the contract or lack of required creditable
3		coverage for a preexisting condition.
4		The Director shall promulgate reasonable rules as
5		necessary to carry out this Section.
6		(Source: P.A. 91-549, eff. 8-14-99.)
7		(215 ILCS 5/424) (from Ch. 73, par. 1031)
8		Sec. 424. Unfair methods of competition and unfair or
9		deceptive acts or practices defined. The following are hereby
10		defined as unfair methods of competition and unfair and
11		deceptive acts or practices in the business of insurance:
12		(1) The commission by any person of any one or more of the
13		acts defined or prohibited by Sections 134, 143.24c, 147, 148,
14		149, 151, 155.22, 155.22a, 155.42, 236, 237, 364, and 469 of
15		this Code.
16		(2) Entering into any agreement to commit, or by any
17		concerted action committing, any act of boycott, coercion or
18		intimidation resulting in or tending to result in unreasonable
19		restraint of, or monopoly in, the business of insurance.
20		(3) Making or permitting, in the case of insurance of the
21		types enumerated in Classes 1, 2, and 3 of Section 4, any
22		unfair discrimination between individuals or risks of the same
23		class or of essentially the same hazard and expense element
24		because of the race, color, religion, or national origin of
25		such insurance risks or applicants. The application of this

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1		Article to the types of insurance enumerated in Class 1 of
2		Section 4 shall in no way limit, reduce, or impair the
3		protections and remedies already provided for by Sections 236
4		and 364 of this Code or any other provision of this Code.
5		(4) Engaging in any of the acts or practices defined in or
6		prohibited by Sections 154.5 through 154.8 of this Code.
7		(5) Making or charging any rate for insurance against
8		losses arising from the use or ownership of a motor vehicle
9		which requires a higher premium of any person by reason of his
10		physical disability handicap, race, color, religion, or
11		national origin.
12		(Source: P.A. 97-527, eff. 8-23-11.)
13		(215 ILCS 5/500-50)
14		(Section scheduled to be repealed on January 1, 2017)
15		Sec. 500-50. Insurance producers; examination statistics.
16		(a) The use of examinations for the purpose of determining
17		qualifications of persons to be licensed as insurance producers
18		has a direct and far-reaching effect on persons seeking those
19		licenses, on insurance companies, and on the public. It is in
20		the public interest and it will further the public welfare to
21		insure that examinations for licensing do not have the effect
22		of unlawfully discriminating against applicants for licensing
23		as insurance producers on the basis of race, color, national
24		origin, or sex.
25		(b) As used in this Section, the following words have the

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1		meanings given in this subsection.
2		Examination. "Examination" means the examination in each
3		line of insurance administered pursuant to Section 500-30.
4		Examinee. "Examinee" means a person who takes an
5		examination.
6		Part. "Part" means a portion of an examination for which a
7		score is calculated.
8		Operational item. "Operational item" means a test question
9		considered in determining an examinee's score.
10		Test form. "Test form" means the test booklet or instrument
11		used for a part of an examination.
12		Pretest item. "Pretest item" means a prospective test
13		question that is included in a test form in order to assess its
14		performance, but is not considered in determining an examinee's
15		score.
16		Minority group or examinees. "Minority group" or "minority
17		examinees" means examinees who are American Indian or Alaska
18		Native, Asian, Black or African American, Hispanic or Latino,
19		or Native Hawaiian or Other Pacific Islander.
20		Correct-answer rate. "Correct-answer rate" for an item
21		means the number of examinees who provided the correct answer
22		on an item divided by the number of examinees who answered the
23		item.
24		Correlation. "Correlation" means a statistical measure of
25		the relationship between performance on an item and performance
26		on a part of the examination.

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1		(c) The Director shall ask each examinee to self-report on
2		a voluntary basis on the answer sheet, application form, or by
3		other appropriate means, the following information:
4		(1) race or ethnicity (American Indian or Alaska
5		Native, Asian, Black or African American, Hispanic or
6		Latino, Native Hawaiian or Other Pacific Islander, or
7		White);
8		(2) education (8th grade or less; less than 12th grade;
9		high school diploma or high school equivalency
10		certificate; some college, but no 4-year degree; or 4-year
11		degree or more); and
12		(3) gender (male or female).
13		The Director must advise all examinees that they are not
14		required to provide this information, that they will not be
15		penalized for not doing so, and that the Director will use the
16		information provided exclusively for research and statistical
17		purposes and to improve the quality and fairness of the
18		examinations.
19		(d) No later than May 1 of each year, the Director must
20		prepare, publicly announce, and publish an Examination Report
21		of summary statistical information relating to each
22		examination administered during the preceding calendar year.
23		Each Examination Report shall show with respect to each
24		examination:
25		(1) For all examinees combined and separately by race
26		or ethnicity, by educational level, by gender, by

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1		educational level within race or ethnicity, by education
2		level within gender, and by race or ethnicity within
3		gender:
4		(A) number of examinees;
5		(B) percentage and number of examinees who passed
6		each part;
7		(C) percentage and number of examinees who passed
8		all parts;
9		(D) mean scaled scores on each part; and
10		(E) standard deviation of scaled scores on each
11		part.
12		(2) For male examinees, female examinees, Black or
13		African American examinees, white examinees, American
14		Indian or Alaska Native examinees, Asian examinees,
15		Hispanic or Latino examinees, and Native Hawaiian or Other
16		Pacific Islander, respectively, with a high school diploma
17		or high school equivalency certificate, the distribution
18		of scaled scores on each part.
19		No later than May 1 of each year, the Director must prepare
20		and make available on request an Item Report of summary
21		statistical information relating to each operational item on
22		each test form administered during the preceding calendar year.
23		The Item Report shall show, for each operational item, for all
24		examinees combined and separately for Black or African American
25		examinees, white examinees, American Indian or Alaska Native
26		examinees, Asian examinees, Hispanic or Latino examinees, and

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1		Native Hawaiian or Other Pacific Islander, the correct-answer
2		rates and correlations.
3		The Director is not required to report separate statistical
4		information for any group or subgroup comprising fewer than 50
5		examinees.
6		(e) The Director must obtain a regular analysis of the data
7		collected under this Section, and any other relevant
8		information, for purposes of the development of new test forms.
9		The analysis shall continue the implementation of the item
10		selection methodology as recommended in the Final Report of the
11		Illinois Insurance Producer's Licensing Examination Advisory
12		Committee dated November 19, 1991, and filed with the
13		Department unless some other methodology is determined by the
14		Director to be as effective in minimizing differences between
15		white and minority examinee pass-fail rates.
16		(f) The Director has the discretion to set cutoff scores
17		for the examinations, provided that scaled scores on test forms
18		administered after July 1, 1993, shall be made comparable to
19		scaled scores on test forms administered in 1991 by use of
20		professionally acceptable methods so as to minimize changes in
21		passing rates related to the presence or absence of or changes
22		in equating or scaling equations or methods or content
23		outlines. Each calendar year, the scaled cutoff score for each
24		part of each examination shall fluctuate by no more than the
25		standard error of measurement from the scaled cutoff score
26		employed during the preceding year.

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1		(g) No later than May 1, 2003 and no later than May 1 of
2		every fourth year thereafter, the Director must release to the
3		public and make generally available one representative test
4		form and set of answer keys for each part of each examination.
5		(h) The Director must maintain, for a period of 3 years
6		after they are prepared or used, all registration forms, test
7		forms, answer sheets, operational items and pretest items, item
8		analyses, and other statistical analyses relating to the
9		examinations. All personal identifying information regarding
10		examinees and the content of test items must be maintained
11		confidentially as necessary for purposes of protecting the
12		personal privacy of examinees and the maintenance of test
13		security.
14		(i) In administering the examinations, the Director must
15		make such accommodations for examinees with disabilities
16		disabled examinees as are reasonably warranted by the
17		particular disability involved, including the provision of
18		additional time if necessary to complete an examination or
19		special assistance in taking an examination.
20		(j) For the purposes of this Section:
21		(1) "American Indian or Alaska Native" means a person
22		having origins in any of the original peoples of North and
23		South America, including Central America, and who
24		maintains tribal affiliation or community attachment.
25		(2) "Asian" means a person having origins in any of the
26		original peoples of the Far East, Southeast Asia, or the

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1		Indian subcontinent, including, but not limited to,
2		Cambodia, China, India, Japan, Korea, Malaysia, Pakistan,
3		the Philippine Islands, Thailand, and Vietnam.
4		(3) "Black or African American" means a person having
5		origins in any of the black racial groups of Africa. Terms
6		such as "Haitian" or "Negro" can be used in addition to
7		"Black or African American".
8		(4) "Hispanic or Latino" means a person of Cuban,
9		Mexican, Puerto Rican, South or Central American, or other
10		Spanish culture or origin, regardless of race.
11		(5) "Native Hawaiian or Other Pacific Islander" means a
12		person having origins in any of the original peoples of
13		Hawaii, Guam, Samoa, or other Pacific Islands.
14		(6) "White" means a person having origins in any of the
15		original peoples of Europe, the Middle East, or North
16		Africa.
17		(Source: P.A. 97-396, eff. 1-1-12; 98-718, eff. 1-1-15.)
18		(215 ILCS 5/500-60)
19		(Section scheduled to be repealed on January 1, 2017)
20		Sec. 500-60. Temporary licensing.
21		(a) The Director may issue a temporary insurance producer
22		license for a period not to exceed 180 days and, at the
23		discretion of the Director, may renew the temporary producer
24		license for an additional 180 days without requiring an
25		examination if the Director deems that the temporary license is

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1		necessary for the servicing of an insurance business in the
2		following cases:
3		(1) to the surviving spouse or court-appointed
4		personal representative of a licensed insurance producer
5		who dies or becomes a person with a mental or physical
6		disability mentally or physically disabled to allow
7		adequate time for the sale of the insurance business owned
8		by the producer or for the recovery or return of the
9		producer to the business or to provide for the training and
10		licensing of new personnel to operate the producer's
11		business;
12		(2) to a member or employee of a business entity
13		licensed as an insurance producer, upon the death or
14		disability of an individual designated in the business
15		entity application or the license; or
16		(3) to the designee of a licensed insurance producer
17		entering active service in the armed forces of the United
18		States of America.
19		(b) The Director may by order limit the authority of any
20		temporary licensee in any way deemed necessary to protect
21		insureds and the public. The Director may require the temporary
22		licensee to have a suitable sponsor who is a licensed producer
23		or insurer and who assumes responsibility for all acts of the
24		temporary licensee and may impose other similar requirements
25		designed to protect insureds and the public. The Director may
26		by order revoke a temporary license if the interest of insureds

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1		or the public are endangered. A temporary license may not
2		continue after the owner or the personal representative
3		disposes of the business.
4		(c) Before any temporary insurance producer license is
5		issued, there must be filed with the Director a written
6		application by the person desiring the license in the form,
7		with the supplements, and containing the information that the
8		Director requires. License fees, as provided for in Section
9		500-135, must be paid upon the issuance of the original
10		temporary insurance producer license, but not for any renewal
11		thereof.
12		(Source: P.A. 92-386, eff. 1-1-02.)
13		Section 535. The Comprehensive Health Insurance Plan Act is
14		amended by changing Section 2 as follows:
15		(215 ILCS 105/2) (from Ch. 73, par. 1302)
16		Sec. 2. Definitions. As used in this Act, unless the
17		context otherwise requires:
18		"Plan administrator" means the insurer or third party
19		administrator designated under Section 5 of this Act.
20		"Benefits plan" means the coverage to be offered by the
21		Plan to eligible persons and federally eligible individuals
22		pursuant to this Act.
23		"Board" means the Illinois Comprehensive Health Insurance
24		Board.

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1		"Church plan" has the same meaning given that term in the
2		federal Health Insurance Portability and Accountability Act of
3		1996.
4		"Continuation coverage" means continuation of coverage
5		under a group health plan or other health insurance coverage
6		for former employees or dependents of former employees that
7		would otherwise have terminated under the terms of that
8		coverage pursuant to any continuation provisions under federal
9		or State law, including the Consolidated Omnibus Budget
10		Reconciliation Act of 1985 (COBRA), as amended, Sections 367.2,
11		367e, and 367e.1 of the Illinois Insurance Code, or any other
12		similar requirement in another State.
13		"Covered person" means a person who is and continues to
14		remain eligible for Plan coverage and is covered under one of
15		the benefit plans offered by the Plan.
16		"Creditable coverage" means, with respect to a federally
17		eligible individual, coverage of the individual under any of
18		the following:
19		(A) A group health plan.
20		(B) Health insurance coverage (including group health
21		insurance coverage).
22		(C) Medicare.
23		(D) Medical assistance.
24		(E) Chapter 55 of title 10, United States Code.
25		(F) A medical care program of the Indian Health Service
26		or of a tribal organization.

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1		(G) A state health benefits risk pool.
2		(H) A health plan offered under Chapter 89 of title 5,
3		United States Code.
4		(I) A public health plan (as defined in regulations
5		consistent with Section 104 of the Health Care Portability
6		and Accountability Act of 1996 that may be promulgated by
7		the Secretary of the U.S. Department of Health and Human
8		Services).
9		(J) A health benefit plan under Section 5(e) of the
10		Peace Corps Act (22 U.S.C. 2504(e)).
11		(K) Any other qualifying coverage required by the
12		federal Health Insurance Portability and Accountability
13		Act of 1996, as it may be amended, or regulations under
14		that Act.
15		"Creditable coverage" does not include coverage consisting
16		solely of coverage of excepted benefits, as defined in Section
17		2791(c) of title XXVII of the Public Health Service Act (42
18		U.S.C. 300 gg-91), nor does it include any period of coverage
19		under any of items (A) through (K) that occurred before a break
20		of more than 90 days or, if the individual has been certified
21		as eligible pursuant to the federal Trade Act of 2002, a break
22		of more than 63 days during all of which the individual was not
23		covered under any of items (A) through (K) above.
24		Any period that an individual is in a waiting period for
25		any coverage under a group health plan (or for group health
26		insurance coverage) or is in an affiliation period under the

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1		terms of health insurance coverage offered by a health
2		maintenance organization shall not be taken into account in
3		determining if there has been a break of more than 90 days in
4		any creditable coverage.
5		"Department" means the Illinois Department of Insurance.
6		"Dependent" means an Illinois resident: who is a spouse; or
7		who is claimed as a dependent by the principal insured for
8		purposes of filing a federal income tax return and resides in
9		the principal insured's household, and is a resident unmarried
10		child under the age of 19 years; or who is an unmarried child
11		who also is a full-time student under the age of 23 years and
12		who is financially dependent upon the principal insured; or who
13		is a child of any age and who is a person with a disability
14		disabled and financially dependent upon the principal insured.
15		"Direct Illinois premiums" means, for Illinois business,
16		an insurer's direct premium income for the kinds of business
17		described in clause (b) of Class 1 or clause (a) of Class 2 of
18		Section 4 of the Illinois Insurance Code, and direct premium
19		income of a health maintenance organization or a voluntary
20		health services plan, except it shall not include credit health
21		insurance as defined in Article IX 1/2 of the Illinois
22		Insurance Code.
23		"Director" means the Director of the Illinois Department of
24		Insurance.
25		"Effective date of medical assistance" means the date that
26		eligibility for medical assistance for a person is approved by

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1		the Department of Human Services or the Department of
2		Healthcare and Family Services, except when the Department of
3		Human Services or the Department of Healthcare and Family
4		Services determines eligibility retroactively. In such
5		circumstances, the effective date of the medical assistance is
6		the date the Department of Human Services or the Department of
7		Healthcare and Family Services determines the person to be
8		eligible for medical assistance. As it pertains to Medicare,
9		the effective date is 24 months after the entitlement date as
10		approved by the Social Security Administration, except when
11		eligibility is made retroactive to a prior date. In such
12		circumstances, the effective date of Medicare is the date on
13		the Notice of Award letter issued by the Social Security
14		Administration.
15		"Eligible person" means a resident of this State who
16		qualifies for Plan coverage under Section 7 of this Act.
17		"Employee" means a resident of this State who is employed
18		by an employer or has entered into the employment of or works
19		under contract or service of an employer including the
20		officers, managers and employees of subsidiary or affiliated
21		corporations and the individual proprietors, partners and
22		employees of affiliated individuals and firms when the business
23		of the subsidiary or affiliated corporations, firms or
24		individuals is controlled by a common employer through stock
25		ownership, contract, or otherwise.
26		"Employer" means any individual, partnership, association,

HB4049 Engrossed - 1008 - LRB099 03667 KTG 23678 b
1		corporation, business trust, or any person or group of persons
2		acting directly or indirectly in the interest of an employer in
3		relation to an employee, for which one or more persons is
4		gainfully employed.
5		"Family" coverage means the coverage provided by the Plan
6		for the covered person and his or her eligible dependents who
7		also are covered persons.
8		"Federally eligible individual" means an individual
9		resident of this State:
10		(1)(A) for whom, as of the date on which the individual
11		seeks Plan coverage under Section 15 of this Act, the
12		aggregate of the periods of creditable coverage is 18 or
13		more months or, if the individual has been certified as
14		eligible pursuant to the federal Trade Act of 2002, 3 or
15		more months, and (B) whose most recent prior creditable
16		coverage was under group health insurance coverage offered
17		by a health insurance issuer, a group health plan, a
18		governmental plan, or a church plan (or health insurance
19		coverage offered in connection with any such plans) or any
20		other type of creditable coverage that may be required by
21		the federal Health Insurance Portability and
22		Accountability Act of 1996, as it may be amended, or the
23		regulations under that Act;
24		(2) who is not eligible for coverage under (A) a group
25		health plan (other than an individual who has been
26		certified as eligible pursuant to the federal Trade Act of

HB4049 Engrossed - 1009 - LRB099 03667 KTG 23678 b
1		2002), (B) part A or part B of Medicare due to age (other
2		than an individual who has been certified as eligible
3		pursuant to the federal Trade Act of 2002), or (C) medical
4		assistance, and does not have other health insurance
5		coverage (other than an individual who has been certified
6		as eligible pursuant to the federal Trade Act of 2002);
7		(3) with respect to whom (other than an individual who
8		has been certified as eligible pursuant to the federal
9		Trade Act of 2002) the most recent coverage within the
10		coverage period described in paragraph (1)(A) of this
11		definition was not terminated based upon a factor relating
12		to nonpayment of premiums or fraud;
13		(4) if the individual (other than an individual who has
14		been certified as eligible pursuant to the federal Trade
15		Act of 2002) had been offered the option of continuation
16		coverage under a COBRA continuation provision or under a
17		similar State program, who elected such coverage; and
18		(5) who, if the individual elected such continuation
19		coverage, has exhausted such continuation coverage under
20		such provision or program.
21		However, an individual who has been certified as eligible
22		pursuant to the federal Trade Act of 2002 shall not be required
23		to elect continuation coverage under a COBRA continuation
24		provision or under a similar state program.
25		"Group health insurance coverage" means, in connection
26		with a group health plan, health insurance coverage offered in

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1		connection with that plan.
2		"Group health plan" has the same meaning given that term in
3		the federal Health Insurance Portability and Accountability
4		Act of 1996.
5		"Governmental plan" has the same meaning given that term in
6		the federal Health Insurance Portability and Accountability
7		Act of 1996.
8		"Health insurance coverage" means benefits consisting of
9		medical care (provided directly, through insurance or
10		reimbursement, or otherwise and including items and services
11		paid for as medical care) under any hospital and medical
12		expense-incurred policy, certificate, or contract provided by
13		an insurer, non-profit health care service plan contract,
14		health maintenance organization or other subscriber contract,
15		or any other health care plan or arrangement that pays for or
16		furnishes medical or health care services whether by insurance
17		or otherwise. Health insurance coverage shall not include short
18		term, accident only, disability income, hospital confinement
19		or fixed indemnity, dental only, vision only, limited benefit,
20		or credit insurance, coverage issued as a supplement to
21		liability insurance, insurance arising out of a workers'
22		compensation or similar law, automobile medical-payment
23		insurance, or insurance under which benefits are payable with
24		or without regard to fault and which is statutorily required to
25		be contained in any liability insurance policy or equivalent
26		self-insurance.

HB4049 Engrossed - 1011 - LRB099 03667 KTG 23678 b
1		"Health insurance issuer" means an insurance company,
2		insurance service, or insurance organization (including a
3		health maintenance organization and a voluntary health
4		services plan) that is authorized to transact health insurance
5		business in this State. Such term does not include a group
6		health plan.
7		"Health Maintenance Organization" means an organization as
8		defined in the Health Maintenance Organization Act.
9		"Hospice" means a program as defined in and licensed under
10		the Hospice Program Licensing Act.
11		"Hospital" means a duly licensed institution as defined in
12		the Hospital Licensing Act, an institution that meets all
13		comparable conditions and requirements in effect in the state
14		in which it is located, or the University of Illinois Hospital
15		as defined in the University of Illinois Hospital Act.
16		"Individual health insurance coverage" means health
17		insurance coverage offered to individuals in the individual
18		market, but does not include short-term, limited-duration
19		insurance.
20		"Insured" means any individual resident of this State who
21		is eligible to receive benefits from any insurer (including
22		health insurance coverage offered in connection with a group
23		health plan) or health insurance issuer as defined in this
24		Section.
25		"Insurer" means any insurance company authorized to
26		transact health insurance business in this State and any

HB4049 Engrossed - 1012 - LRB099 03667 KTG 23678 b
1		corporation that provides medical services and is organized
2		under the Voluntary Health Services Plans Act or the Health
3		Maintenance Organization Act.
4		"Medical assistance" means the State medical assistance or
5		medical assistance no grant (MANG) programs provided under
6		Title XIX of the Social Security Act and Articles V (Medical
7		Assistance) and VI (General Assistance) of the Illinois Public
8		Aid Code (or any successor program) or under any similar
9		program of health care benefits in a state other than Illinois.
10		"Medically necessary" means that a service, drug, or supply
11		is necessary and appropriate for the diagnosis or treatment of
12		an illness or injury in accord with generally accepted
13		standards of medical practice at the time the service, drug, or
14		supply is provided. When specifically applied to a confinement
15		it further means that the diagnosis or treatment of the covered
16		person's medical symptoms or condition cannot be safely
17		provided to that person as an outpatient. A service, drug, or
18		supply shall not be medically necessary if it: (i) is
19		investigational, experimental, or for research purposes; or
20		(ii) is provided solely for the convenience of the patient, the
21		patient's family, physician, hospital, or any other provider;
22		or (iii) exceeds in scope, duration, or intensity that level of
23		care that is needed to provide safe, adequate, and appropriate
24		diagnosis or treatment; or (iv) could have been omitted without
25		adversely affecting the covered person's condition or the
26		quality of medical care; or (v) involves the use of a medical

HB4049 Engrossed - 1013 - LRB099 03667 KTG 23678 b
1		device, drug, or substance not formally approved by the United
2		States Food and Drug Administration.
3		"Medical care" means the ordinary and usual professional
4		services rendered by a physician or other specified provider
5		during a professional visit for treatment of an illness or
6		injury.
7		"Medicare" means coverage under both Part A and Part B of
8		Title XVIII of the Social Security Act, 42 U.S.C. Sec. 1395, et
9		seq.
10		"Minimum premium plan" means an arrangement whereby a
11		specified amount of health care claims is self-funded, but the
12		insurance company assumes the risk that claims will exceed that
13		amount.
14		"Participating transplant center" means a hospital
15		designated by the Board as a preferred or exclusive provider of
16		services for one or more specified human organ or tissue
17		transplants for which the hospital has signed an agreement with
18		the Board to accept a transplant payment allowance for all
19		expenses related to the transplant during a transplant benefit
20		period.
21		"Physician" means a person licensed to practice medicine
22		pursuant to the Medical Practice Act of 1987.
23		"Plan" means the Comprehensive Health Insurance Plan
24		established by this Act.
25		"Plan of operation" means the plan of operation of the
26		Plan, including articles, bylaws and operating rules, adopted

HB4049 Engrossed - 1014 - LRB099 03667 KTG 23678 b
1		by the board pursuant to this Act.
2		"Provider" means any hospital, skilled nursing facility,
3		hospice, home health agency, physician, registered pharmacist
4		acting within the scope of that registration, or any other
5		person or entity licensed in Illinois to furnish medical care.
6		"Qualified high risk pool" has the same meaning given that
7		term in the federal Health Insurance Portability and
8		Accountability Act of 1996.
9		"Resident" means a person who is and continues to be
10		legally domiciled and physically residing on a permanent and
11		full-time basis in a place of permanent habitation in this
12		State that remains that person's principal residence and from
13		which that person is absent only for temporary or transitory
14		purpose.
15		"Skilled nursing facility" means a facility or that portion
16		of a facility that is licensed by the Illinois Department of
17		Public Health under the Nursing Home Care Act or a comparable
18		licensing authority in another state to provide skilled nursing
19		care.
20		"Stop-loss coverage" means an arrangement whereby an
21		insurer insures against the risk that any one claim will exceed
22		a specific dollar amount or that the entire loss of a
23		self-insurance plan will exceed a specific amount.
24		"Third party administrator" means an administrator as
25		defined in Section 511.101 of the Illinois Insurance Code who
26		is licensed under Article XXXI 1/4 of that Code.

HB4049 Engrossed - 1015 - LRB099 03667 KTG 23678 b
1		(Source: P.A. 97-346, eff. 8-12-11.)
2		Section 540. The Health Maintenance Organization Act is
3		amended by changing Section 4-9.1 as follows:
4		(215 ILCS 125/4-9.1) (from Ch. 111 1/2, par. 1409.2-1)
5		Sec. 4-9.1. Dependent Coverage Termination.
6		(a) The attainment of a limiting age under a group contract
7		or evidence of coverage which provides that coverage of a
8		dependent person of an enrollee shall terminate upon attainment
9		of the limiting age for dependent persons does not operate to
10		terminate the coverage of a person who, because of a disabling
11		handicapped condition that occurred before attainment of the
12		limiting age, is incapable of self-sustaining employment and is
13		dependent on his or her parents or other care providers for
14		lifetime care and supervision.
15		(b) For purposes of subsection (a), "dependent on other
16		care providers" is defined as requiring a Community Integrated
17		Living Arrangement, group home, supervised apartment, or other
18		residential services licensed or certified by the Department of
19		Human Services (as successor to the Department of Mental Health
20		and Developmental Disabilities), the Department of Public
21		Health, or the Department of Healthcare and Family Services
22		(formerly Department of Public Aid).
23		(c) Proof of such incapacity and dependency shall be
24		furnished to the health maintenance organization by the

HB4049 Engrossed - 1016 - LRB099 03667 KTG 23678 b
1		enrollee within 31 days of a request for the information by the
2		health maintenance organization and subsequently as may be
3		required by the health maintenance organization, but not more
4		frequently than annually. In the absence of proof submitted
5		within 31 days of such inquiry that such dependent is a person
6		who has a disability and is a dependent disabled and dependent
7		person, the health maintenance organization may terminate
8		coverage of such person at or after attainment of the limiting
9		age. In the absence of such inquiry, coverage of any person who
10		has a disability and is a dependent disabled and dependent
11		person shall continue through the term of the group contract or
12		evidence of coverage or any extension or renewal thereof.
13		(Source: P.A. 95-331, eff. 8-21-07.)
14		Section 545. The Viatical Settlements Act of 2009 is
15		amended by changing Section 50 as follows:
16		(215 ILCS 159/50)
17		Sec. 50. Prohibited practices.
18		(a) It is a violation of this Act for any person to enter
19		into a viatical settlement contract prior to the application of
20		or issuance of a policy that is the subject of the viatical
21		settlement contract. It is a violation of this Act for any
22		person to enter into stranger-originated life insurance or
23		STOLI as defined by this Act.
24		(b) It is a violation of this Act for any person to enter

HB4049 Engrossed - 1017 - LRB099 03667 KTG 23678 b
1		into a viatical settlement contract within a 2-year period
2		commencing with the date of issuance of the insurance policy
3		unless the viator certifies to the viatical settlement provider
4		that one or more of the following conditions have been met
5		within the 2-year period:
6		(1) The policy was issued upon the viator's exercise of
7		conversion rights arising out of a group or individual
8		policy, provided the total of the time covered under the
9		conversion policy plus the time covered under the prior
10		policy is at least 24 months. The time covered under a
11		group policy shall be calculated without regard to any
12		change in insurance carriers, provided the coverage has
13		been continuous and under the same group sponsorship.
14		(2) The viator certifies and submits independent
15		evidence to the viatical settlement provider that one or
16		more of the following conditions have been met within the
17		2-year period:
18		(A) the viator or insured is terminally or
19		chronically ill;
20		(B) the viator's spouse dies;
21		(C) the viator divorces his or her spouse;
22		(D) the viator retires from full-time employment;
23		(E) the viator becomes a person with a physical or
24		mental disability physically or mentally disabled and
25		a physician determines that the disability prevents
26		the viator from maintaining full-time employment;

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1		(F) a court of competent jurisdiction enters a
2		final order, judgment, or decree on the application of
3		a creditor of the viator, adjudicating the viator
4		bankrupt or insolvent, or approving a petition seeking
5		reorganization of the viator or appointing a receiver,
6		trustee, or liquidator to all or a substantial part of
7		the viator's assets;
8		(G) the sole beneficiary of the policy is a family
9		member of the viator and the beneficiary dies; or
10		(H) any other condition that the Director may
11		determine by regulation to be an extraordinary
12		circumstance for the viator or the insured.
13		(c) Copies of the independent evidence described in
14		paragraph (2) of subsection (b) of this Section and documents
15		required by Section 45 shall be submitted to the insurer when
16		the viatical settlement provider or any other party entering
17		into a viatical settlement contract with a viator submits a
18		request to the insurer for verification of coverage. The copies
19		shall be accompanied by a letter of attestation from the
20		viatical settlement provider that the copies are true and
21		correct copies of the documents received by the viatical
22		settlement provider.
23		(d) If the viatical settlement provider submits to the
24		insurer a copy of the owner or insured's certification
25		described in and the independent evidence required by paragraph
26		(2) of subsection (b) of this Section when the viatical

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1		settlement provider submits a request to the insurer to effect
2		the transfer of the policy to the viatical settlement provider,
3		then the copy shall be deemed to conclusively establish that
4		the viatical settlement contract satisfies the requirements of
5		this Section, and the insurer shall timely respond to the
6		request.
7		(e) No insurer may, as a condition of responding to a
8		request for verification of coverage or effecting the transfer
9		of a policy pursuant to a viatical settlement contract, require
10		that the viator, insured, viatical settlement provider, or
11		viatical settlement broker sign any forms, disclosures,
12		consent, or waiver form that has not been expressly approved by
13		the Director for use in connection with viatical settlement
14		contracts in this State.
15		(f) Upon receipt of a properly completed request for change
16		of ownership or beneficiary of a policy, the insurer shall
17		respond in writing within 30 calendar days to confirm that the
18		change has been effected or specifying the reasons why the
19		requested change cannot be processed. No insurer shall
20		unreasonably delay effecting change of ownership or
21		beneficiary or seek to interfere with any viatical settlement
22		contract lawfully entered into in this State.
23		(Source: P.A. 96-736, eff. 7-1-10.)
24		Section 550. The Voluntary Health Services Plans Act is
25		amended by changing Section 15a as follows:

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1		(215 ILCS 165/15a) (from Ch. 32, par. 609a)
2		Sec. 15a. Dependent Coverage Termination.
3		(a) The attainment of a limiting age under a voluntary
4		health services plan which provides that coverage of a
5		dependent of a subscriber terminates upon attainment of the
6		limiting age for dependent persons specified in the
7		subscription certificate does not operate to terminate the
8		coverage of a person who, because of a disabling handicapped
9		condition that occurred before attainment of the limiting age,
10		is incapable of self-sustaining employment and is dependent on
11		his or her parents or other care providers for lifetime care
12		and supervision.
13		(b) For purposes of subsection (a), "dependent on other
14		care providers" is defined as requiring a Community Integrated
15		Living Arrangement, group home, supervised apartment, or other
16		residential services licensed or certified by the Department of
17		Human Services (as successor to the Department of Mental Health
18		and Developmental Disabilities), the Department of Public
19		Health, or the Department of Healthcare and Family Services
20		(formerly Department of Public Aid).
21		(c) The corporation may require, at reasonable intervals
22		from the date of the first claim filed on behalf of the person
23		with a disability who is dependent disabled and dependent
24		person or from the date the corporation receives notice of a
25		covered person's disability and dependency, proof of the

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1		person's disability and dependency.
2		(d) This amendatory Act of 1969 is applicable to
3		subscription certificates issued or renewed after October 27,
4		1969.
5		(Source: P.A. 95-331, eff. 8-21-07.)
6		Section 555. The Public Utilities Act is amended by
7		changing Sections 13-703 and 16-108.5 as follows:
8		(220 ILCS 5/13-703) (from Ch. 111 2/3, par. 13-703)
9		(Section scheduled to be repealed on July 1, 2015)
10		Sec. 13-703. (a) The Commission shall design and implement
11		a program whereby each telecommunications carrier providing
12		local exchange service shall provide a telecommunications
13		device capable of servicing the needs of those persons with a
14		hearing or speech disability together with a single party line,
15		at no charge additional to the basic exchange rate, to any
16		subscriber who is certified as having a hearing or speech
17		disability by a licensed physician, speech-language
18		pathologist, audiologist or a qualified State agency and to any
19		subscriber which is an organization serving the needs of those
20		persons with a hearing or speech disability as determined and
21		specified by the Commission pursuant to subsection (d).
22		(b) The Commission shall design and implement a program,
23		whereby each telecommunications carrier providing local
24		exchange service shall provide a telecommunications relay

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1		system, using third party intervention to connect those persons
2		having a hearing or speech disability with persons of normal
3		hearing by way of intercommunications devices and the telephone
4		system, making available reasonable access to all phases of
5		public telephone service to persons who have a hearing or
6		speech disability. In order to design a telecommunications
7		relay system which will meet the requirements of those persons
8		with a hearing or speech disability available at a reasonable
9		cost, the Commission shall initiate an investigation and
10		conduct public hearings to determine the most cost-effective
11		method of providing telecommunications relay service to those
12		persons who have a hearing or speech disability when using
13		telecommunications devices and therein solicit the advice,
14		counsel, and physical assistance of Statewide nonprofit
15		consumer organizations that serve persons with hearing or
16		speech disabilities in such hearings and during the development
17		and implementation of the system. The Commission shall phase in
18		this program, on a geographical basis, as soon as is
19		practicable, but no later than June 30, 1990.
20		(c) The Commission shall establish a rate recovery
21		mechanism, authorizing charges in an amount to be determined by
22		the Commission for each line of a subscriber to allow
23		telecommunications carriers providing local exchange service
24		to recover costs as they are incurred under this Section.
25		(d) The Commission shall determine and specify those
26		organizations serving the needs of those persons having a

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1		hearing or speech disability that shall receive a
2		telecommunications device and in which offices the equipment
3		shall be installed in the case of an organization having more
4		than one office. For the purposes of this Section,
5		"organizations serving the needs of those persons with hearing
6		or speech disabilities" means centers for independent living as
7		described in Section 12a of the Rehabilitation of Persons with
8		Disabilities Disabled Persons Rehabilitation Act and
9		not-for-profit organizations whose primary purpose is serving
10		the needs of those persons with hearing or speech disabilities.
11		The Commission shall direct the telecommunications carriers
12		subject to its jurisdiction and this Section to comply with its
13		determinations and specifications in this regard.
14		(e) As used in this Section, the phrase "telecommunications
15		carrier providing local exchange service" includes, without
16		otherwise limiting the meaning of the term, telecommunications
17		carriers which are purely mutual concerns, having no rates or
18		charges for services, but paying the operating expenses by
19		assessment upon the members of such a company and no other
20		person.
21		(f) Interconnected VoIP service providers in Illinois
22		shall collect and remit assessments determined in accordance
23		with this Section in a competitively neutral manner in the same
24		manner as a telecommunications carrier providing local
25		exchange service. Interconnected VoIP services shall not be
26		considered an intrastate telecommunications service for the

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1		purposes of this Section in a manner inconsistent with federal
2		law or Federal Communications Commission regulation.
3		(g) The provisions of this Section are severable under
4		Section 1.31 of the Statute on Statutes.
5		(Source: P.A. 96-927, eff. 6-15-10.)
6		(220 ILCS 5/16-108.5)
7		Sec. 16-108.5. Infrastructure investment and
8		modernization; regulatory reform.
9		(a) (Blank).
10		(b) For purposes of this Section, "participating utility"
11		means an electric utility or a combination utility serving more
12		than 1,000,000 customers in Illinois that voluntarily elects
13		and commits to undertake (i) the infrastructure investment
14		program consisting of the commitments and obligations
15		described in this subsection (b) and (ii) the customer
16		assistance program consisting of the commitments and
17		obligations described in subsection (b-10) of this Section,
18		notwithstanding any other provisions of this Act and without
19		obtaining any approvals from the Commission or any other agency
20		other than as set forth in this Section, regardless of whether
21		any such approval would otherwise be required. "Combination
22		utility" means a utility that, as of January 1, 2011, provided
23		electric service to at least one million retail customers in
24		Illinois and gas service to at least 500,000 retail customers
25		in Illinois. A participating utility shall recover the

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1		expenditures made under the infrastructure investment program
2		through the ratemaking process, including, but not limited to,
3		the performance-based formula rate and process set forth in
4		this Section.
5		During the infrastructure investment program's peak
6		program year, a participating utility other than a combination
7		utility shall create 2,000 full-time equivalent jobs in
8		Illinois, and a participating utility that is a combination
9		utility shall create 450 full-time equivalent jobs in Illinois
10		related to the provision of electric service. These jobs shall
11		include direct jobs, contractor positions, and induced jobs,
12		but shall not include any portion of a job commitment, not
13		specifically contingent on an amendatory Act of the 97th
14		General Assembly becoming law, between a participating utility
15		and a labor union that existed on the effective date of this
16		amendatory Act of the 97th General Assembly and that has not
17		yet been fulfilled. A portion of the full-time equivalent jobs
18		created by each participating utility shall include
19		incremental personnel hired subsequent to the effective date of
20		this amendatory Act of the 97th General Assembly. For purposes
21		of this Section, "peak program year" means the consecutive
22		12-month period with the highest number of full-time equivalent
23		jobs that occurs between the beginning of investment year 2 and
24		the end of investment year 4.
25		A participating utility shall meet one of the following
26		commitments, as applicable:

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1		(1) Beginning no later than 180 days after a
2		participating utility other than a combination utility
3		files a performance-based formula rate tariff pursuant to
4		subsection (c) of this Section, or, beginning no later than
5		January 1, 2012 if such utility files such
6		performance-based formula rate tariff within 14 days of the
7		effective date of this amendatory Act of the 97th General
8		Assembly, the participating utility shall, except as
9		provided in subsection (b-5):
10		(A) over a 5-year period, invest an estimated
11		$1,300,000,000 in electric system upgrades,
12		modernization projects, and training facilities,
13		including, but not limited to:
14		(i) distribution infrastructure improvements
15		totaling an estimated $1,000,000,000, including
16		underground residential distribution cable
17		injection and replacement and mainline cable
18		system refurbishment and replacement projects;
19		(ii) training facility construction or upgrade
20		projects totaling an estimated $10,000,000,
21		provided that, at a minimum, one such facility
22		shall be located in a municipality having a
23		population of more than 2 million residents and one
24		such facility shall be located in a municipality
25		having a population of more than 150,000 residents
26		but fewer than 170,000 residents; any such new

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1		facility located in a municipality having a
2		population of more than 2 million residents must be
3		designed for the purpose of obtaining, and the
4		owner of the facility shall apply for,
5		certification under the United States Green
6		Building Council's Leadership in Energy Efficiency
7		Design Green Building Rating System;
8		(iii) wood pole inspection, treatment, and
9		replacement programs;
10		(iv) an estimated $200,000,000 for reducing
11		the susceptibility of certain circuits to
12		storm-related damage, including, but not limited
13		to, high winds, thunderstorms, and ice storms;
14		improvements may include, but are not limited to,
15		overhead to underground conversion and other
16		engineered outcomes for circuits; the
17		participating utility shall prioritize the
18		selection of circuits based on each circuit's
19		historical susceptibility to storm-related damage
20		and the ability to provide the greatest customer
21		benefit upon completion of the improvements; to be
22		eligible for improvement, the participating
23		utility's ability to maintain proper tree
24		clearances surrounding the overhead circuit must
25		not have been impeded by third parties; and
26		(B) over a 10-year period, invest an estimated

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1		$1,300,000,000 to upgrade and modernize its
2		transmission and distribution infrastructure and in
3		Smart Grid electric system upgrades, including, but
4		not limited to:
5		(i) additional smart meters;
6		(ii) distribution automation;
7		(iii) associated cyber secure data
8		communication network; and
9		(iv) substation micro-processor relay
10		upgrades.
11		(2) Beginning no later than 180 days after a
12		participating utility that is a combination utility files a
13		performance-based formula rate tariff pursuant to
14		subsection (c) of this Section, or, beginning no later than
15		January 1, 2012 if such utility files such
16		performance-based formula rate tariff within 14 days of the
17		effective date of this amendatory Act of the 97th General
18		Assembly, the participating utility shall, except as
19		provided in subsection (b-5):
20		(A) over a 10-year period, invest an estimated
21		$265,000,000 in electric system upgrades,
22		modernization projects, and training facilities,
23		including, but not limited to:
24		(i) distribution infrastructure improvements
25		totaling an estimated $245,000,000, which may
26		include bulk supply substations, transformers,

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1		reconductoring, and rebuilding overhead
2		distribution and sub-transmission lines,
3		underground residential distribution cable
4		injection and replacement and mainline cable
5		system refurbishment and replacement projects;
6		(ii) training facility construction or upgrade
7		projects totaling an estimated $1,000,000; any
8		such new facility must be designed for the purpose
9		of obtaining, and the owner of the facility shall
10		apply for, certification under the United States
11		Green Building Council's Leadership in Energy
12		Efficiency Design Green Building Rating System;
13		and
14		(iii) wood pole inspection, treatment, and
15		replacement programs; and
16		(B) over a 10-year period, invest an estimated
17		$360,000,000 to upgrade and modernize its transmission
18		and distribution infrastructure and in Smart Grid
19		electric system upgrades, including, but not limited
20		to:
21		(i) additional smart meters;
22		(ii) distribution automation;
23		(iii) associated cyber secure data
24		communication network; and
25		(iv) substation micro-processor relay
26		upgrades.

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1		For purposes of this Section, "Smart Grid electric system
2		upgrades" shall have the meaning set forth in subsection (a) of
3		Section 16-108.6 of this Act.
4		The investments in the infrastructure investment program
5		described in this subsection (b) shall be incremental to the
6		participating utility's annual capital investment program, as
7		defined by, for purposes of this subsection (b), the
8		participating utility's average capital spend for calendar
9		years 2008, 2009, and 2010 as reported in the applicable
10		Federal Energy Regulatory Commission (FERC) Form 1; provided
11		that where one or more utilities have merged, the average
12		capital spend shall be determined using the aggregate of the
13		merged utilities' capital spend reported in FERC Form 1 for the
14		years 2008, 2009, and 2010. A participating utility may add
15		reasonable construction ramp-up and ramp-down time to the
16		investment periods specified in this subsection (b). For each
17		such investment period, the ramp-up and ramp-down time shall
18		not exceed a total of 6 months.
19		Within 60 days after filing a tariff under subsection (c)
20		of this Section, a participating utility shall submit to the
21		Commission its plan, including scope, schedule, and staffing,
22		for satisfying its infrastructure investment program
23		commitments pursuant to this subsection (b). The submitted plan
24		shall include a schedule and staffing plan for the next
25		calendar year. The plan shall also include a plan for the
26		creation, operation, and administration of a Smart Grid test

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1		bed as described in subsection (c) of Section 16-108.8. The
2		plan need not allocate the work equally over the respective
3		periods, but should allocate material increments throughout
4		such periods commensurate with the work to be undertaken. No
5		later than April 1 of each subsequent year, the utility shall
6		submit to the Commission a report that includes any updates to
7		the plan, a schedule for the next calendar year, the
8		expenditures made for the prior calendar year and cumulatively,
9		and the number of full-time equivalent jobs created for the
10		prior calendar year and cumulatively. If the utility is
11		materially deficient in satisfying a schedule or staffing plan,
12		then the report must also include a corrective action plan to
13		address the deficiency. The fact that the plan, implementation
14		of the plan, or a schedule changes shall not imply the
15		imprudence or unreasonableness of the infrastructure
16		investment program, plan, or schedule. Further, no later than
17		45 days following the last day of the first, second, and third
18		quarters of each year of the plan, a participating utility
19		shall submit to the Commission a verified quarterly report for
20		the prior quarter that includes (i) the total number of
21		full-time equivalent jobs created during the prior quarter,
22		(ii) the total number of employees as of the last day of the
23		prior quarter, (iii) the total number of full-time equivalent
24		hours in each job classification or job title, (iv) the total
25		number of incremental employees and contractors in support of
26		the investments undertaken pursuant to this subsection (b) for

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1		the prior quarter, and (v) any other information that the
2		Commission may require by rule.
3		With respect to the participating utility's peak job
4		commitment, if, after considering the utility's corrective
5		action plan and compliance thereunder, the Commission enters an
6		order finding, after notice and hearing, that a participating
7		utility did not satisfy its peak job commitment described in
8		this subsection (b) for reasons that are reasonably within its
9		control, then the Commission shall also determine, after
10		consideration of the evidence, including, but not limited to,
11		evidence submitted by the Department of Commerce and Economic
12		Opportunity and the utility, the deficiency in the number of
13		full-time equivalent jobs during the peak program year due to
14		such failure. The Commission shall notify the Department of any
15		proceeding that is initiated pursuant to this paragraph. For
16		each full-time equivalent job deficiency during the peak
17		program year that the Commission finds as set forth in this
18		paragraph, the participating utility shall, within 30 days
19		after the entry of the Commission's order, pay $6,000 to a fund
20		for training grants administered under Section 605-800 of The
21		Department of Commerce and Economic Opportunity Law, which
22		shall not be a recoverable expense.
23		With respect to the participating utility's investment
24		amount commitments, if, after considering the utility's
25		corrective action plan and compliance thereunder, the
26		Commission enters an order finding, after notice and hearing,

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1		that a participating utility is not satisfying its investment
2		amount commitments described in this subsection (b), then the
3		utility shall no longer be eligible to annually update the
4		performance-based formula rate tariff pursuant to subsection
5		(d) of this Section. In such event, the then current rates
6		shall remain in effect until such time as new rates are set
7		pursuant to Article IX of this Act, subject to retroactive
8		adjustment, with interest, to reconcile rates charged with
9		actual costs.
10		If the Commission finds that a participating utility is no
11		longer eligible to update the performance-based formula rate
12		tariff pursuant to subsection (d) of this Section, or the
13		performance-based formula rate is otherwise terminated, then
14		the participating utility's voluntary commitments and
15		obligations under this subsection (b) shall immediately
16		terminate, except for the utility's obligation to pay an amount
17		already owed to the fund for training grants pursuant to a
18		Commission order.
19		In meeting the obligations of this subsection (b), to the
20		extent feasible and consistent with State and federal law, the
21		investments under the infrastructure investment program should
22		provide employment opportunities for all segments of the
23		population and workforce, including minority-owned and
24		female-owned business enterprises, and shall not, consistent
25		with State and federal law, discriminate based on race or
26		socioeconomic status.

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1		(b-5) Nothing in this Section shall prohibit the Commission
2		from investigating the prudence and reasonableness of the
3		expenditures made under the infrastructure investment program
4		during the annual review required by subsection (d) of this
5		Section and shall, as part of such investigation, determine
6		whether the utility's actual costs under the program are
7		prudent and reasonable. The fact that a participating utility
8		invests more than the minimum amounts specified in subsection
9		(b) of this Section or its plan shall not imply imprudence or
10		unreasonableness.
11		If the participating utility finds that it is implementing
12		its plan for satisfying the infrastructure investment program
13		commitments described in subsection (b) of this Section at a
14		cost below the estimated amounts specified in subsection (b) of
15		this Section, then the utility may file a petition with the
16		Commission requesting that it be permitted to satisfy its
17		commitments by spending less than the estimated amounts
18		specified in subsection (b) of this Section. The Commission
19		shall, after notice and hearing, enter its order approving, or
20		approving as modified, or denying each such petition within 150
21		days after the filing of the petition.
22		In no event, absent General Assembly approval, shall the
23		capital investment costs incurred by a participating utility
24		other than a combination utility in satisfying its
25		infrastructure investment program commitments described in
26		subsection (b) of this Section exceed $3,000,000,000 or, for a

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1		participating utility that is a combination utility,
2		$720,000,000. If the participating utility's updated cost
3		estimates for satisfying its infrastructure investment program
4		commitments described in subsection (b) of this Section exceed
5		the limitation imposed by this subsection (b-5), then it shall
6		submit a report to the Commission that identifies the increased
7		costs and explains the reason or reasons for the increased
8		costs no later than the year in which the utility estimates it
9		will exceed the limitation. The Commission shall review the
10		report and shall, within 90 days after the participating
11		utility files the report, report to the General Assembly its
12		findings regarding the participating utility's report. If the
13		General Assembly does not amend the limitation imposed by this
14		subsection (b-5), then the utility may modify its plan so as
15		not to exceed the limitation imposed by this subsection (b-5)
16		and may propose corresponding changes to the metrics
17		established pursuant to subparagraphs (5) through (8) of
18		subsection (f) of this Section, and the Commission may modify
19		the metrics and incremental savings goals established pursuant
20		to subsection (f) of this Section accordingly.
21		(b-10) All participating utilities shall make
22		contributions for an energy low-income and support program in
23		accordance with this subsection. Beginning no later than 180
24		days after a participating utility files a performance-based
25		formula rate tariff pursuant to subsection (c) of this Section,
26		or beginning no later than January 1, 2012 if such utility

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1		files such performance-based formula rate tariff within 14 days
2		of the effective date of this amendatory Act of the 97th
3		General Assembly, and without obtaining any approvals from the
4		Commission or any other agency other than as set forth in this
5		Section, regardless of whether any such approval would
6		otherwise be required, a participating utility other than a
7		combination utility shall pay $10,000,000 per year for 5 years
8		and a participating utility that is a combination utility shall
9		pay $1,000,000 per year for 10 years to the energy low-income
10		and support program, which is intended to fund customer
11		assistance programs with the primary purpose being avoidance of
12		imminent disconnection. Such programs may include:
13		(1) a residential hardship program that may partner
14		with community-based organizations, including senior
15		citizen organizations, and provides grants to low-income
16		residential customers, including low-income senior
17		citizens, who demonstrate a hardship;
18		(2) a program that provides grants and other bill
19		payment concessions to veterans with disabilities disabled
20		veterans who demonstrate a hardship and members of the
21		armed services or reserve forces of the United States or
22		members of the Illinois National Guard who are on active
23		duty pursuant to an executive order of the President of the
24		United States, an act of the Congress of the United States,
25		or an order of the Governor and who demonstrate a hardship;
26		(3) a budget assistance program that provides tools and

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1		education to low-income senior citizens to assist them with
2		obtaining information regarding energy usage and effective
3		means of managing energy costs;
4		(4) a non-residential special hardship program that
5		provides grants to non-residential customers such as small
6		businesses and non-profit organizations that demonstrate a
7		hardship, including those providing services to senior
8		citizen and low-income customers; and
9		(5) a performance-based assistance program that
10		provides grants to encourage residential customers to make
11		on-time payments by matching a portion of the customer's
12		payments or providing credits towards arrearages.
13		The payments made by a participating utility pursuant to
14		this subsection (b-10) shall not be a recoverable expense. A
15		participating utility may elect to fund either new or existing
16		customer assistance programs, including, but not limited to,
17		those that are administered by the utility.
18		Programs that use funds that are provided by a
19		participating utility to reduce utility bills may be
20		implemented through tariffs that are filed with and reviewed by
21		the Commission. If a utility elects to file tariffs with the
22		Commission to implement all or a portion of the programs, those
23		tariffs shall, regardless of the date actually filed, be deemed
24		accepted and approved, and shall become effective on the
25		effective date of this amendatory Act of the 97th General
26		Assembly. The participating utilities whose customers benefit

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1		from the funds that are disbursed as contemplated in this
2		Section shall file annual reports documenting the disbursement
3		of those funds with the Commission. The Commission has the
4		authority to audit disbursement of the funds to ensure they
5		were disbursed consistently with this Section.
6		If the Commission finds that a participating utility is no
7		longer eligible to update the performance-based formula rate
8		tariff pursuant to subsection (d) of this Section, or the
9		performance-based formula rate is otherwise terminated, then
10		the participating utility's voluntary commitments and
11		obligations under this subsection (b-10) shall immediately
12		terminate.
13		(c) A participating utility may elect to recover its
14		delivery services costs through a performance-based formula
15		rate approved by the Commission, which shall specify the cost
16		components that form the basis of the rate charged to customers
17		with sufficient specificity to operate in a standardized manner
18		and be updated annually with transparent information that
19		reflects the utility's actual costs to be recovered during the
20		applicable rate year, which is the period beginning with the
21		first billing day of January and extending through the last
22		billing day of the following December. In the event the utility
23		recovers a portion of its costs through automatic adjustment
24		clause tariffs on the effective date of this amendatory Act of
25		the 97th General Assembly, the utility may elect to continue to
26		recover these costs through such tariffs, but then these costs

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1		shall not be recovered through the performance-based formula
2		rate. In the event the participating utility, prior to the
3		effective date of this amendatory Act of the 97th General
4		Assembly, filed electric delivery services tariffs with the
5		Commission pursuant to Section 9-201 of this Act that are
6		related to the recovery of its electric delivery services costs
7		that are still pending on the effective date of this amendatory
8		Act of the 97th General Assembly, the participating utility
9		shall, at the time it files its performance-based formula rate
10		tariff with the Commission, also file a notice of withdrawal
11		with the Commission to withdraw the electric delivery services
12		tariffs previously filed pursuant to Section 9-201 of this Act.
13		Upon receipt of such notice, the Commission shall dismiss with
14		prejudice any docket that had been initiated to investigate the
15		electric delivery services tariffs filed pursuant to Section
16		9-201 of this Act, and such tariffs and the record related
17		thereto shall not be the subject of any further hearing,
18		investigation, or proceeding of any kind related to rates for
19		electric delivery services.
20		The performance-based formula rate shall be implemented
21		through a tariff filed with the Commission consistent with the
22		provisions of this subsection (c) that shall be applicable to
23		all delivery services customers. The Commission shall initiate
24		and conduct an investigation of the tariff in a manner
25		consistent with the provisions of this subsection (c) and the
26		provisions of Article IX of this Act to the extent they do not

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1		conflict with this subsection (c). Except in the case where the
2		Commission finds, after notice and hearing, that a
3		participating utility is not satisfying its investment amount
4		commitments under subsection (b) of this Section, the
5		performance-based formula rate shall remain in effect at the
6		discretion of the utility. The performance-based formula rate
7		approved by the Commission shall do the following:
8		(1) Provide for the recovery of the utility's actual
9		costs of delivery services that are prudently incurred and
10		reasonable in amount consistent with Commission practice
11		and law. The sole fact that a cost differs from that
12		incurred in a prior calendar year or that an investment is
13		different from that made in a prior calendar year shall not
14		imply the imprudence or unreasonableness of that cost or
15		investment.
16		(2) Reflect the utility's actual year-end capital
17		structure for the applicable calendar year, excluding
18		goodwill, subject to a determination of prudence and
19		reasonableness consistent with Commission practice and
20		law.
21		(3) Include a cost of equity, which shall be calculated
22		as the sum of the following:
23		(A) the average for the applicable calendar year of
24		the monthly average yields of 30-year U.S. Treasury
25		bonds published by the Board of Governors of the
26		Federal Reserve System in its weekly H.15 Statistical

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1		Release or successor publication; and
2		(B) 580 basis points.
3		At such time as the Board of Governors of the Federal
4		Reserve System ceases to include the monthly average yields
5		of 30-year U.S. Treasury bonds in its weekly H.15
6		Statistical Release or successor publication, the monthly
7		average yields of the U.S. Treasury bonds then having the
8		longest duration published by the Board of Governors in its
9		weekly H.15 Statistical Release or successor publication
10		shall instead be used for purposes of this paragraph (3).
11		(4) Permit and set forth protocols, subject to a
12		determination of prudence and reasonableness consistent
13		with Commission practice and law, for the following:
14		(A) recovery of incentive compensation expense
15		that is based on the achievement of operational
16		metrics, including metrics related to budget controls,
17		outage duration and frequency, safety, customer
18		service, efficiency and productivity, and
19		environmental compliance. Incentive compensation
20		expense that is based on net income or an affiliate's
21		earnings per share shall not be recoverable under the
22		performance-based formula rate;
23		(B) recovery of pension and other post-employment
24		benefits expense, provided that such costs are
25		supported by an actuarial study;
26		(C) recovery of severance costs, provided that if

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1		the amount is over $3,700,000 for a participating
2		utility that is a combination utility or $10,000,000
3		for a participating utility that serves more than 3
4		million retail customers, then the full amount shall be
5		amortized consistent with subparagraph (F) of this
6		paragraph (4);
7		(D) investment return at a rate equal to the
8		utility's weighted average cost of long-term debt, on
9		the pension assets as, and in the amount, reported in
10		Account 186 (or in such other Account or Accounts as
11		such asset may subsequently be recorded) of the
12		utility's most recently filed FERC Form 1, net of
13		deferred tax benefits;
14		(E) recovery of the expenses related to the
15		Commission proceeding under this subsection (c) to
16		approve this performance-based formula rate and
17		initial rates or to subsequent proceedings related to
18		the formula, provided that the recovery shall be
19		amortized over a 3-year period; recovery of expenses
20		related to the annual Commission proceedings under
21		subsection (d) of this Section to review the inputs to
22		the performance-based formula rate shall be expensed
23		and recovered through the performance-based formula
24		rate;
25		(F) amortization over a 5-year period of the full
26		amount of each charge or credit that exceeds $3,700,000

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1		for a participating utility that is a combination
2		utility or $10,000,000 for a participating utility
3		that serves more than 3 million retail customers in the
4		applicable calendar year and that relates to a
5		workforce reduction program's severance costs, changes
6		in accounting rules, changes in law, compliance with
7		any Commission-initiated audit, or a single storm or
8		other similar expense, provided that any unamortized
9		balance shall be reflected in rate base. For purposes
10		of this subparagraph (F), changes in law includes any
11		enactment, repeal, or amendment in a law, ordinance,
12		rule, regulation, interpretation, permit, license,
13		consent, or order, including those relating to taxes,
14		accounting, or to environmental matters, or in the
15		interpretation or application thereof by any
16		governmental authority occurring after the effective
17		date of this amendatory Act of the 97th General
18		Assembly;
19		(G) recovery of existing regulatory assets over
20		the periods previously authorized by the Commission;
21		(H) historical weather normalized billing
22		determinants; and
23		(I) allocation methods for common costs.
24		(5) Provide that if the participating utility's earned
25		rate of return on common equity related to the provision of
26		delivery services for the prior rate year (calculated using

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1		costs and capital structure approved by the Commission as
2		provided in subparagraph (2) of this subsection (c),
3		consistent with this Section, in accordance with
4		Commission rules and orders, including, but not limited to,
5		adjustments for goodwill, and after any Commission-ordered
6		disallowances and taxes) is more than 50 basis points
7		higher than the rate of return on common equity calculated
8		pursuant to paragraph (3) of this subsection (c) (after
9		adjusting for any penalties to the rate of return on common
10		equity applied pursuant to the performance metrics
11		provision of subsection (f) of this Section), then the
12		participating utility shall apply a credit through the
13		performance-based formula rate that reflects an amount
14		equal to the value of that portion of the earned rate of
15		return on common equity that is more than 50 basis points
16		higher than the rate of return on common equity calculated
17		pursuant to paragraph (3) of this subsection (c) (after
18		adjusting for any penalties to the rate of return on common
19		equity applied pursuant to the performance metrics
20		provision of subsection (f) of this Section) for the prior
21		rate year, adjusted for taxes. If the participating
22		utility's earned rate of return on common equity related to
23		the provision of delivery services for the prior rate year
24		(calculated using costs and capital structure approved by
25		the Commission as provided in subparagraph (2) of this
26		subsection (c), consistent with this Section, in

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1		accordance with Commission rules and orders, including,
2		but not limited to, adjustments for goodwill, and after any
3		Commission-ordered disallowances and taxes) is more than
4		50 basis points less than the return on common equity
5		calculated pursuant to paragraph (3) of this subsection (c)
6		(after adjusting for any penalties to the rate of return on
7		common equity applied pursuant to the performance metrics
8		provision of subsection (f) of this Section), then the
9		participating utility shall apply a charge through the
10		performance-based formula rate that reflects an amount
11		equal to the value of that portion of the earned rate of
12		return on common equity that is more than 50 basis points
13		less than the rate of return on common equity calculated
14		pursuant to paragraph (3) of this subsection (c) (after
15		adjusting for any penalties to the rate of return on common
16		equity applied pursuant to the performance metrics
17		provision of subsection (f) of this Section) for the prior
18		rate year, adjusted for taxes.
19		(6) Provide for an annual reconciliation, as described
20		in subsection (d) of this Section, with interest, of the
21		revenue requirement reflected in rates for each calendar
22		year, beginning with the calendar year in which the utility
23		files its performance-based formula rate tariff pursuant
24		to subsection (c) of this Section, with what the revenue
25		requirement would have been had the actual cost information
26		for the applicable calendar year been available at the

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1		filing date.
2		The utility shall file, together with its tariff, final
3		data based on its most recently filed FERC Form 1, plus
4		projected plant additions and correspondingly updated
5		depreciation reserve and expense for the calendar year in which
6		the tariff and data are filed, that shall populate the
7		performance-based formula rate and set the initial delivery
8		services rates under the formula. For purposes of this Section,
9		"FERC Form 1" means the Annual Report of Major Electric
10		Utilities, Licensees and Others that electric utilities are
11		required to file with the Federal Energy Regulatory Commission
12		under the Federal Power Act, Sections 3, 4(a), 304 and 209,
13		modified as necessary to be consistent with 83 Ill. Admin. Code
14		Part 415 as of May 1, 2011. Nothing in this Section is intended
15		to allow costs that are not otherwise recoverable to be
16		recoverable by virtue of inclusion in FERC Form 1.
17		After the utility files its proposed performance-based
18		formula rate structure and protocols and initial rates, the
19		Commission shall initiate a docket to review the filing. The
20		Commission shall enter an order approving, or approving as
21		modified, the performance-based formula rate, including the
22		initial rates, as just and reasonable within 270 days after the
23		date on which the tariff was filed, or, if the tariff is filed
24		within 14 days after the effective date of this amendatory Act
25		of the 97th General Assembly, then by May 31, 2012. Such review
26		shall be based on the same evidentiary standards, including,

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1		but not limited to, those concerning the prudence and
2		reasonableness of the costs incurred by the utility, the
3		Commission applies in a hearing to review a filing for a
4		general increase in rates under Article IX of this Act. The
5		initial rates shall take effect within 30 days after the
6		Commission's order approving the performance-based formula
7		rate tariff.
8		Until such time as the Commission approves a different rate
9		design and cost allocation pursuant to subsection (e) of this
10		Section, rate design and cost allocation across customer
11		classes shall be consistent with the Commission's most recent
12		order regarding the participating utility's request for a
13		general increase in its delivery services rates.
14		Subsequent changes to the performance-based formula rate
15		structure or protocols shall be made as set forth in Section
16		9-201 of this Act, but nothing in this subsection (c) is
17		intended to limit the Commission's authority under Article IX
18		and other provisions of this Act to initiate an investigation
19		of a participating utility's performance-based formula rate
20		tariff, provided that any such changes shall be consistent with
21		paragraphs (1) through (6) of this subsection (c). Any change
22		ordered by the Commission shall be made at the same time new
23		rates take effect following the Commission's next order
24		pursuant to subsection (d) of this Section, provided that the
25		new rates take effect no less than 30 days after the date on
26		which the Commission issues an order adopting the change.

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1		A participating utility that files a tariff pursuant to
2		this subsection (c) must submit a one-time $200,000 filing fee
3		at the time the Chief Clerk of the Commission accepts the
4		filing, which shall be a recoverable expense.
5		In the event the performance-based formula rate is
6		terminated, the then current rates shall remain in effect until
7		such time as new rates are set pursuant to Article IX of this
8		Act, subject to retroactive rate adjustment, with interest, to
9		reconcile rates charged with actual costs. At such time that
10		the performance-based formula rate is terminated, the
11		participating utility's voluntary commitments and obligations
12		under subsection (b) of this Section shall immediately
13		terminate, except for the utility's obligation to pay an amount
14		already owed to the fund for training grants pursuant to a
15		Commission order issued under subsection (b) of this Section.
16		(d) Subsequent to the Commission's issuance of an order
17		approving the utility's performance-based formula rate
18		structure and protocols, and initial rates under subsection (c)
19		of this Section, the utility shall file, on or before May 1 of
20		each year, with the Chief Clerk of the Commission its updated
21		cost inputs to the performance-based formula rate for the
22		applicable rate year and the corresponding new charges. Each
23		such filing shall conform to the following requirements and
24		include the following information:
25		(1) The inputs to the performance-based formula rate
26		for the applicable rate year shall be based on final

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1		historical data reflected in the utility's most recently
2		filed annual FERC Form 1 plus projected plant additions and
3		correspondingly updated depreciation reserve and expense
4		for the calendar year in which the inputs are filed. The
5		filing shall also include a reconciliation of the revenue
6		requirement that was in effect for the prior rate year (as
7		set by the cost inputs for the prior rate year) with the
8		actual revenue requirement for the prior rate year
9		(determined using a year-end rate base) that uses amounts
10		reflected in the applicable FERC Form 1 that reports the
11		actual costs for the prior rate year. Any over-collection
12		or under-collection indicated by such reconciliation shall
13		be reflected as a credit against, or recovered as an
14		additional charge to, respectively, with interest
15		calculated at a rate equal to the utility's weighted
16		average cost of capital approved by the Commission for the
17		prior rate year, the charges for the applicable rate year.
18		Provided, however, that the first such reconciliation
19		shall be for the calendar year in which the utility files
20		its performance-based formula rate tariff pursuant to
21		subsection (c) of this Section and shall reconcile (i) the
22		revenue requirement or requirements established by the
23		rate order or orders in effect from time to time during
24		such calendar year (weighted, as applicable) with (ii) the
25		revenue requirement determined using a year-end rate base
26		for that calendar year calculated pursuant to the

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1		performance-based formula rate using (A) actual costs for
2		that year as reflected in the applicable FERC Form 1, and
3		(B) for the first such reconciliation only, the cost of
4		equity, which shall be calculated as the sum of 590 basis
5		points plus the average for the applicable calendar year of
6		the monthly average yields of 30-year U.S. Treasury bonds
7		published by the Board of Governors of the Federal Reserve
8		System in its weekly H.15 Statistical Release or successor
9		publication. The first such reconciliation is not intended
10		to provide for the recovery of costs previously excluded
11		from rates based on a prior Commission order finding of
12		imprudence or unreasonableness. Each reconciliation shall
13		be certified by the participating utility in the same
14		manner that FERC Form 1 is certified. The filing shall also
15		include the charge or credit, if any, resulting from the
16		calculation required by paragraph (6) of subsection (c) of
17		this Section.
18		Notwithstanding anything that may be to the contrary,
19		the intent of the reconciliation is to ultimately reconcile
20		the revenue requirement reflected in rates for each
21		calendar year, beginning with the calendar year in which
22		the utility files its performance-based formula rate
23		tariff pursuant to subsection (c) of this Section, with
24		what the revenue requirement determined using a year-end
25		rate base for the applicable calendar year would have been
26		had the actual cost information for the applicable calendar

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1		year been available at the filing date.
2		(2) The new charges shall take effect beginning on the
3		first billing day of the following January billing period
4		and remain in effect through the last billing day of the
5		next December billing period regardless of whether the
6		Commission enters upon a hearing pursuant to this
7		subsection (d).
8		(3) The filing shall include relevant and necessary
9		data and documentation for the applicable rate year that is
10		consistent with the Commission's rules applicable to a
11		filing for a general increase in rates or any rules adopted
12		by the Commission to implement this Section. Normalization
13		adjustments shall not be required. Notwithstanding any
14		other provision of this Section or Act or any rule or other
15		requirement adopted by the Commission, a participating
16		utility that is a combination utility with more than one
17		rate zone shall not be required to file a separate set of
18		such data and documentation for each rate zone and may
19		combine such data and documentation into a single set of
20		schedules.
21		Within 45 days after the utility files its annual update of
22		cost inputs to the performance-based formula rate, the
23		Commission shall have the authority, either upon complaint or
24		its own initiative, but with reasonable notice, to enter upon a
25		hearing concerning the prudence and reasonableness of the costs
26		incurred by the utility to be recovered during the applicable

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1		rate year that are reflected in the inputs to the
2		performance-based formula rate derived from the utility's FERC
3		Form 1. During the course of the hearing, each objection shall
4		be stated with particularity and evidence provided in support
5		thereof, after which the utility shall have the opportunity to
6		rebut the evidence. Discovery shall be allowed consistent with
7		the Commission's Rules of Practice, which Rules shall be
8		enforced by the Commission or the assigned hearing examiner.
9		The Commission shall apply the same evidentiary standards,
10		including, but not limited to, those concerning the prudence
11		and reasonableness of the costs incurred by the utility, in the
12		hearing as it would apply in a hearing to review a filing for a
13		general increase in rates under Article IX of this Act. The
14		Commission shall not, however, have the authority in a
15		proceeding under this subsection (d) to consider or order any
16		changes to the structure or protocols of the performance-based
17		formula rate approved pursuant to subsection (c) of this
18		Section. In a proceeding under this subsection (d), the
19		Commission shall enter its order no later than the earlier of
20		240 days after the utility's filing of its annual update of
21		cost inputs to the performance-based formula rate or December
22		31. The Commission's determinations of the prudence and
23		reasonableness of the costs incurred for the applicable
24		calendar year shall be final upon entry of the Commission's
25		order and shall not be subject to reopening, reexamination, or
26		collateral attack in any other Commission proceeding, case,

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1		docket, order, rule or regulation, provided, however, that
2		nothing in this subsection (d) shall prohibit a party from
3		petitioning the Commission to rehear or appeal to the courts
4		the order pursuant to the provisions of this Act.
5		In the event the Commission does not, either upon complaint
6		or its own initiative, enter upon a hearing within 45 days
7		after the utility files the annual update of cost inputs to its
8		performance-based formula rate, then the costs incurred for the
9		applicable calendar year shall be deemed prudent and
10		reasonable, and the filed charges shall not be subject to
11		reopening, reexamination, or collateral attack in any other
12		proceeding, case, docket, order, rule, or regulation.
13		A participating utility's first filing of the updated cost
14		inputs, and any Commission investigation of such inputs
15		pursuant to this subsection (d) shall proceed notwithstanding
16		the fact that the Commission's investigation under subsection
17		(c) of this Section is still pending and notwithstanding any
18		other law, order, rule, or Commission practice to the contrary.
19		(e) Nothing in subsections (c) or (d) of this Section shall
20		prohibit the Commission from investigating, or a participating
21		utility from filing, revenue-neutral tariff changes related to
22		rate design of a performance-based formula rate that has been
23		placed into effect for the utility. Following approval of a
24		participating utility's performance-based formula rate tariff
25		pursuant to subsection (c) of this Section, the utility shall
26		make a filing with the Commission within one year after the

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1		effective date of the performance-based formula rate tariff
2		that proposes changes to the tariff to incorporate the findings
3		of any final rate design orders of the Commission applicable to
4		the participating utility and entered subsequent to the
5		Commission's approval of the tariff. The Commission shall,
6		after notice and hearing, enter its order approving, or
7		approving with modification, the proposed changes to the
8		performance-based formula rate tariff within 240 days after the
9		utility's filing. Following such approval, the utility shall
10		make a filing with the Commission during each subsequent 3-year
11		period that either proposes revenue-neutral tariff changes or
12		re-files the existing tariffs without change, which shall
13		present the Commission with an opportunity to suspend the
14		tariffs and consider revenue-neutral tariff changes related to
15		rate design.
16		(f) Within 30 days after the filing of a tariff pursuant to
17		subsection (c) of this Section, each participating utility
18		shall develop and file with the Commission multi-year metrics
19		designed to achieve, ratably (i.e., in equal segments) over a
20		10-year period, improvement over baseline performance values
21		as follows:
22		(1) Twenty percent improvement in the System Average
23		Interruption Frequency Index, using a baseline of the
24		average of the data from 2001 through 2010.
25		(2) Fifteen percent improvement in the system Customer
26		Average Interruption Duration Index, using a baseline of

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1		the average of the data from 2001 through 2010.
2		(3) For a participating utility other than a
3		combination utility, 20% improvement in the System Average
4		Interruption Frequency Index for its Southern Region,
5		using a baseline of the average of the data from 2001
6		through 2010. For purposes of this paragraph (3), Southern
7		Region shall have the meaning set forth in the
8		participating utility's most recent report filed pursuant
9		to Section 16-125 of this Act.
10		(3.5) For a participating utility other than a
11		combination utility, 20% improvement in the System Average
12		Interruption Frequency Index for its Northeastern Region,
13		using a baseline of the average of the data from 2001
14		through 2010. For purposes of this paragraph (3.5),
15		Northeastern Region shall have the meaning set forth in the
16		participating utility's most recent report filed pursuant
17		to Section 16-125 of this Act.
18		(4) Seventy-five percent improvement in the total
19		number of customers who exceed the service reliability
20		targets as set forth in subparagraphs (A) through (C) of
21		paragraph (4) of subsection (b) of 83 Ill. Admin. Code Part
22		411.140 as of May 1, 2011, using 2010 as the baseline year.
23		(5) Reduction in issuance of estimated electric bills:
24		90% improvement for a participating utility other than a
25		combination utility, and 56% improvement for a
26		participating utility that is a combination utility, using

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1		a baseline of the average number of estimated bills for the
2		years 2008 through 2010.
3		(6) Consumption on inactive meters: 90% improvement
4		for a participating utility other than a combination
5		utility, and 56% improvement for a participating utility
6		that is a combination utility, using a baseline of the
7		average unbilled kilowatthours for the years 2009 and 2010.
8		(7) Unaccounted for energy: 50% improvement for a
9		participating utility other than a combination utility
10		using a baseline of the non-technical line loss unaccounted
11		for energy kilowatthours for the year 2009.
12		(8) Uncollectible expense: reduce uncollectible
13		expense by at least $30,000,000 for a participating utility
14		other than a combination utility and by at least $3,500,000
15		for a participating utility that is a combination utility,
16		using a baseline of the average uncollectible expense for
17		the years 2008 through 2010.
18		(9) Opportunities for minority-owned and female-owned
19		business enterprises: design a performance metric
20		regarding the creation of opportunities for minority-owned
21		and female-owned business enterprises consistent with
22		State and federal law using a base performance value of the
23		percentage of the participating utility's capital
24		expenditures that were paid to minority-owned and
25		female-owned business enterprises in 2010.
26		The definitions set forth in 83 Ill. Admin. Code Part

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1		411.20 as of May 1, 2011 shall be used for purposes of
2		calculating performance under paragraphs (1) through (3.5) of
3		this subsection (f), provided, however, that the participating
4		utility may exclude up to 9 extreme weather event days from
5		such calculation for each year, and provided further that the
6		participating utility shall exclude 9 extreme weather event
7		days when calculating each year of the baseline period to the
8		extent that there are 9 such days in a given year of the
9		baseline period. For purposes of this Section, an extreme
10		weather event day is a 24-hour calendar day (beginning at 12:00
11		a.m. and ending at 11:59 p.m.) during which any weather event
12		(e.g., storm, tornado) caused interruptions for 10,000 or more
13		of the participating utility's customers for 3 hours or more.
14		If there are more than 9 extreme weather event days in a year,
15		then the utility may choose no more than 9 extreme weather
16		event days to exclude, provided that the same extreme weather
17		event days are excluded from each of the calculations performed
18		under paragraphs (1) through (3.5) of this subsection (f).
19		The metrics shall include incremental performance goals
20		for each year of the 10-year period, which shall be designed to
21		demonstrate that the utility is on track to achieve the
22		performance goal in each category at the end of the 10-year
23		period. The utility shall elect when the 10-year period shall
24		commence for the metrics set forth in subparagraphs (1) through
25		(4) and (9) of this subsection (f), provided that it begins no
26		later than 14 months following the date on which the utility

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1		begins investing pursuant to subsection (b) of this Section,
2		and when the 10-year period shall commence for the metrics set
3		forth in subparagraphs (5) through (8) of this subsection (f),
4		provided that it begins no later than 14 months following the
5		date on which the Commission enters its order approving the
6		utility's Advanced Metering Infrastructure Deployment Plan
7		pursuant to subsection (c) of Section 16-108.6 of this Act.
8		The metrics and performance goals set forth in
9		subparagraphs (5) through (8) of this subsection (f) are based
10		on the assumptions that the participating utility may fully
11		implement the technology described in subsection (b) of this
12		Section, including utilizing the full functionality of such
13		technology and that there is no requirement for personal
14		on-site notification. If the utility is unable to meet the
15		metrics and performance goals set forth in subparagraphs (5)
16		through (8) of this subsection (f) for such reasons, and the
17		Commission so finds after notice and hearing, then the utility
18		shall be excused from compliance, but only to the limited
19		extent achievement of the affected metrics and performance
20		goals was hindered by the less than full implementation.
21		(f-5) The financial penalties applicable to the metrics
22		described in subparagraphs (1) through (8) of subsection (f) of
23		this Section, as applicable, shall be applied through an
24		adjustment to the participating utility's return on equity of
25		no more than a total of 30 basis points in each of the first 3
26		years, of no more than a total of 34 basis points in each of the

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1		3 years thereafter, and of no more than a total of 38 basis
2		points in each of the 4 years thereafter, as follows:
3		(1) With respect to each of the incremental annual
4		performance goals established pursuant to paragraph (1) of
5		subsection (f) of this Section,
6		(A) for each year that a participating utility
7		other than a combination utility does not achieve the
8		annual goal, the participating utility's return on
9		equity shall be reduced as follows: during years 1
10		through 3, by 5 basis points; during years 4 through 6,
11		by 6 basis points; and during years 7 through 10, by 7
12		basis points; and
13		(B) for each year that a participating utility that
14		is a combination utility does not achieve the annual
15		goal, the participating utility's return on equity
16		shall be reduced as follows: during years 1 through 3,
17		by 10 basis points; during years 4 through 6, by 12
18		basis points; and during years 7 through 10, by 14
19		basis points.
20		(2) With respect to each of the incremental annual
21		performance goals established pursuant to paragraph (2) of
22		subsection (f) of this Section, for each year that the
23		participating utility does not achieve each such goal, the
24		participating utility's return on equity shall be reduced
25		as follows: during years 1 through 3, by 5 basis points;
26		during years 4 through 6, by 6 basis points; and during

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1		years 7 through 10, by 7 basis points.
2		(3) With respect to each of the incremental annual
3		performance goals established pursuant to paragraphs (3)
4		and (3.5) of subsection (f) of this Section, for each year
5		that a participating utility other than a combination
6		utility does not achieve both such goals, the participating
7		utility's return on equity shall be reduced as follows:
8		during years 1 through 3, by 5 basis points; during years 4
9		through 6, by 6 basis points; and during years 7 through
10		10, by 7 basis points.
11		(4) With respect to each of the incremental annual
12		performance goals established pursuant to paragraph (4) of
13		subsection (f) of this Section, for each year that the
14		participating utility does not achieve each such goal, the
15		participating utility's return on equity shall be reduced
16		as follows: during years 1 through 3, by 5 basis points;
17		during years 4 through 6, by 6 basis points; and during
18		years 7 through 10, by 7 basis points.
19		(5) With respect to each of the incremental annual
20		performance goals established pursuant to subparagraph (5)
21		of subsection (f) of this Section, for each year that the
22		participating utility does not achieve at least 95% of each
23		such goal, the participating utility's return on equity
24		shall be reduced by 5 basis points for each such unachieved
25		goal.
26		(6) With respect to each of the incremental annual

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1		performance goals established pursuant to paragraphs (6),
2		(7), and (8) of subsection (f) of this Section, as
3		applicable, which together measure non-operational
4		customer savings and benefits relating to the
5		implementation of the Advanced Metering Infrastructure
6		Deployment Plan, as defined in Section 16-108.6 of this
7		Act, the performance under each such goal shall be
8		calculated in terms of the percentage of the goal achieved.
9		The percentage of goal achieved for each of the goals shall
10		be aggregated, and an average percentage value calculated,
11		for each year of the 10-year period. If the utility does
12		not achieve an average percentage value in a given year of
13		at least 95%, the participating utility's return on equity
14		shall be reduced by 5 basis points.
15		The financial penalties shall be applied as described in
16		this subsection (f-5) for the 12-month period in which the
17		deficiency occurred through a separate tariff mechanism, which
18		shall be filed by the utility together with its metrics. In the
19		event the formula rate tariff established pursuant to
20		subsection (c) of this Section terminates, the utility's
21		obligations under subsection (f) of this Section and this
22		subsection (f-5) shall also terminate, provided, however, that
23		the tariff mechanism established pursuant to subsection (f) of
24		this Section and this subsection (f-5) shall remain in effect
25		until any penalties due and owing at the time of such
26		termination are applied.

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1		The Commission shall, after notice and hearing, enter an
2		order within 120 days after the metrics are filed approving, or
3		approving with modification, a participating utility's tariff
4		or mechanism to satisfy the metrics set forth in subsection (f)
5		of this Section. On June 1 of each subsequent year, each
6		participating utility shall file a report with the Commission
7		that includes, among other things, a description of how the
8		participating utility performed under each metric and an
9		identification of any extraordinary events that adversely
10		impacted the utility's performance. Whenever a participating
11		utility does not satisfy the metrics required pursuant to
12		subsection (f) of this Section, the Commission shall, after
13		notice and hearing, enter an order approving financial
14		penalties in accordance with this subsection (f-5). The
15		Commission-approved financial penalties shall be applied
16		beginning with the next rate year. Nothing in this Section
17		shall authorize the Commission to reduce or otherwise obviate
18		the imposition of financial penalties for failing to achieve
19		one or more of the metrics established pursuant to subparagraph
20		(1) through (4) of subsection (f) of this Section.
21		(g) On or before July 31, 2014, each participating utility
22		shall file a report with the Commission that sets forth the
23		average annual increase in the average amount paid per
24		kilowatthour for residential eligible retail customers,
25		exclusive of the effects of energy efficiency programs,
26		comparing the 12-month period ending May 31, 2012; the 12-month

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1		period ending May 31, 2013; and the 12-month period ending May
2		31, 2014. For a participating utility that is a combination
3		utility with more than one rate zone, the weighted average
4		aggregate increase shall be provided. The report shall be filed
5		together with a statement from an independent auditor attesting
6		to the accuracy of the report. The cost of the independent
7		auditor shall be borne by the participating utility and shall
8		not be a recoverable expense. "The average amount paid per
9		kilowatthour" shall be based on the participating utility's
10		tariffed rates actually in effect and shall not be calculated
11		using any hypothetical rate or adjustments to actual charges
12		(other than as specified for energy efficiency) as an input.
13		In the event that the average annual increase exceeds 2.5%
14		as calculated pursuant to this subsection (g), then Sections
15		16-108.5, 16-108.6, 16-108.7, and 16-108.8 of this Act, other
16		than this subsection, shall be inoperative as they relate to
17		the utility and its service area as of the date of the report
18		due to be submitted pursuant to this subsection and the utility
19		shall no longer be eligible to annually update the
20		performance-based formula rate tariff pursuant to subsection
21		(d) of this Section. In such event, the then current rates
22		shall remain in effect until such time as new rates are set
23		pursuant to Article IX of this Act, subject to retroactive
24		adjustment, with interest, to reconcile rates charged with
25		actual costs, and the participating utility's voluntary
26		commitments and obligations under subsection (b) of this

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1		Section shall immediately terminate, except for the utility's
2		obligation to pay an amount already owed to the fund for
3		training grants pursuant to a Commission order issued under
4		subsection (b) of this Section.
5		In the event that the average annual increase is 2.5% or
6		less as calculated pursuant to this subsection (g), then the
7		performance-based formula rate shall remain in effect as set
8		forth in this Section.
9		For purposes of this Section, the amount per kilowatthour
10		means the total amount paid for electric service expressed on a
11		per kilowatthour basis, and the total amount paid for electric
12		service includes without limitation amounts paid for supply,
13		transmission, distribution, surcharges, and add-on taxes
14		exclusive of any increases in taxes or new taxes imposed after
15		the effective date of this amendatory Act of the 97th General
16		Assembly. For purposes of this Section, "eligible retail
17		customers" shall have the meaning set forth in Section 16-111.5
18		of this Act.
19		The fact that this Section becomes inoperative as set forth
20		in this subsection shall not be construed to mean that the
21		Commission may reexamine or otherwise reopen prudence or
22		reasonableness determinations already made.
23		(h) Sections 16-108.5, 16-108.6, 16-108.7, and 16-108.8 of
24		this Act, other than this subsection, are inoperative after
25		December 31, 2017 for every participating utility, after which
26		time a participating utility shall no longer be eligible to

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1		annually update the performance-based formula rate tariff
2		pursuant to subsection (d) of this Section. At such time, the
3		then current rates shall remain in effect until such time as
4		new rates are set pursuant to Article IX of this Act, subject
5		to retroactive adjustment, with interest, to reconcile rates
6		charged with actual costs.
7		By December 31, 2017, the Commission shall prepare and file
8		with the General Assembly a report on the infrastructure
9		program and the performance-based formula rate. The report
10		shall include the change in the average amount per kilowatthour
11		paid by residential customers between June 1, 2011 and May 31,
12		2017. If the change in the total average rate paid exceeds 2.5%
13		compounded annually, the Commission shall include in the report
14		an analysis that shows the portion of the change due to the
15		delivery services component and the portion of the change due
16		to the supply component of the rate. The report shall include
17		separate sections for each participating utility.
18		In the event Sections 16-108.5, 16-108.6, 16-108.7, and
19		16-108.8 of this Act do not become inoperative after December
20		31, 2017, then these Sections are inoperative after December
21		31, 2022 for every participating utility, after which time a
22		participating utility shall no longer be eligible to annually
23		update the performance-based formula rate tariff pursuant to
24		subsection (d) of this Section. At such time, the then current
25		rates shall remain in effect until such time as new rates are
26		set pursuant to Article IX of this Act, subject to retroactive

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1		adjustment, with interest, to reconcile rates charged with
2		actual costs.
3		The fact that this Section becomes inoperative as set forth
4		in this subsection shall not be construed to mean that the
5		Commission may reexamine or otherwise reopen prudence or
6		reasonableness determinations already made.
7		(i) While a participating utility may use, develop, and
8		maintain broadband systems and the delivery of broadband
9		services, voice-over-internet-protocol services,
10		telecommunications services, and cable and video programming
11		services for use in providing delivery services and Smart Grid
12		functionality or application to its retail customers,
13		including, but not limited to, the installation,
14		implementation and maintenance of Smart Grid electric system
15		upgrades as defined in Section 16-108.6 of this Act, a
16		participating utility is prohibited from offering to its retail
17		customers broadband services or the delivery of broadband
18		services, voice-over-internet-protocol services,
19		telecommunications services, or cable or video programming
20		services, unless they are part of a service directly related to
21		delivery services or Smart Grid functionality or applications
22		as defined in Section 16-108.6 of this Act, and from recovering
23		the costs of such offerings from retail customers.
24		(j) Nothing in this Section is intended to legislatively
25		overturn the opinion issued in Commonwealth Edison Co. v. Ill.
26		Commerce Comm'n, Nos. 2-08-0959, 2-08-1037, 2-08-1137,

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1		1-08-3008, 1-08-3030, 1-08-3054, 1-08-3313 cons. (Ill. App.
2		Ct. 2d Dist. Sept. 30, 2010). This amendatory Act of the 97th
3		General Assembly shall not be construed as creating a contract
4		between the General Assembly and the participating utility, and
5		shall not establish a property right in the participating
6		utility.
7		(k) The changes made in subsections (c) and (d) of this
8		Section by this amendatory Act of the 98th General Assembly are
9		intended to be a restatement and clarification of existing law,
10		and intended to give binding effect to the provisions of House
11		Resolution 1157 adopted by the House of Representatives of the
12		97th General Assembly and Senate Resolution 821 adopted by the
13		Senate of the 97th General Assembly that are reflected in
14		paragraph (3) of this subsection. In addition, this amendatory
15		Act of the 98th General Assembly preempts and supersedes any
16		final Commission orders entered in Docket Nos. 11-0721,
17		12-0001, 12-0293, and 12-0321 to the extent inconsistent with
18		the amendatory language added to subsections (c) and (d).
19		(1) No earlier than 5 business days after the effective
20		date of this amendatory Act of the 98th General Assembly,
21		each participating utility shall file any tariff changes
22		necessary to implement the amendatory language set forth in
23		subsections (c) and (d) of this Section by this amendatory
24		Act of the 98th General Assembly and a revised revenue
25		requirement under the participating utility's
26		performance-based formula rate. The Commission shall enter

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1		a final order approving such tariff changes and revised
2		revenue requirement within 21 days after the participating
3		utility's filing.
4		(2) Notwithstanding anything that may be to the
5		contrary, a participating utility may file a tariff to
6		retroactively recover its previously unrecovered actual
7		costs of delivery service that are no longer subject to
8		recovery through a reconciliation adjustment under
9		subsection (d) of this Section. This retroactive recovery
10		shall include any derivative adjustments resulting from
11		the changes to subsections (c) and (d) of this Section by
12		this amendatory Act of the 98th General Assembly. Such
13		tariff shall allow the utility to assess, on current
14		customer bills over a period of 12 monthly billing periods,
15		a charge or credit related to those unrecovered costs with
16		interest at the utility's weighted average cost of capital
17		during the period in which those costs were unrecovered. A
18		participating utility may file a tariff that implements a
19		retroactive charge or credit as described in this paragraph
20		for amounts not otherwise included in the tariff filing
21		provided for in paragraph (1) of this subsection (k). The
22		Commission shall enter a final order approving such tariff
23		within 21 days after the participating utility's filing.
24		(3) The tariff changes described in paragraphs (1) and
25		(2) of this subsection (k) shall relate only to, and be
26		consistent with, the following provisions of this

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1		amendatory Act of the 98th General Assembly: paragraph (2)
2		of subsection (c) regarding year-end capital structure,
3		subparagraph (D) of paragraph (4) of subsection (c)
4		regarding pension assets, and subsection (d) regarding the
5		reconciliation components related to year-end rate base
6		and interest calculated at a rate equal to the utility's
7		weighted average cost of capital.
8		(4) Nothing in this subsection is intended to effect a
9		dismissal of or otherwise affect an appeal from any final
10		Commission orders entered in Docket Nos. 11-0721, 12-0001,
11		12-0293, and 12-0321 other than to the extent of the
12		amendatory language contained in subsections (c) and (d) of
13		this amendatory Act of the 98th General Assembly.
14		(l) Each participating utility shall be deemed to have been
15		in full compliance with all requirements of subsection (b) of
16		this Section, subsection (c) of this Section, Section 16-108.6
17		of this Act, and all Commission orders entered pursuant to
18		Sections 16-108.5 and 16-108.6 of this Act, up to and including
19		the effective date of this amendatory Act of the 98th General
20		Assembly. The Commission shall not undertake any investigation
21		of such compliance and no penalty shall be assessed or adverse
22		action taken against a participating utility for noncompliance
23		with Commission orders associated with subsection (b) of this
24		Section, subsection (c) of this Section, and Section 16-108.6
25		of this Act prior to such date. Each participating utility
26		other than a combination utility shall be permitted, without

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1		penalty, a period of 12 months after such effective date to
2		take actions required to ensure its infrastructure investment
3		program is in compliance with subsection (b) of this Section
4		and with Section 16-108.6 of this Act. Provided further:
5		(1) if this amendatory Act of the 98th General Assembly
6		takes effect on or before June 15, 2013, the following
7		subparagraphs shall apply to a participating utility other
8		than a combination utility:
9		(A) if the Commission has initiated a proceeding
10		pursuant to subsection (e) of Section 16-108.6 of this
11		Act that is pending as of the effective date of this
12		amendatory Act of the 98th General Assembly, then the
13		order entered in such proceeding shall, after notice
14		and hearing, accelerate the commencement of the meter
15		deployment schedule approved in the final Commission
16		order on rehearing entered in Docket No. 12-0298;
17		(B) if the Commission has entered an order pursuant
18		to subsection (e) of Section 16-108.6 of this Act prior
19		to the effective date of this amendatory Act of the
20		98th General Assembly that does not accelerate the
21		commencement of the meter deployment schedule approved
22		in the final Commission order on rehearing entered in
23		Docket No. 12-0298, then the utility shall file with
24		the Commission, within 45 days after such effective
25		date, a plan for accelerating the commencement of the
26		utility's meter deployment schedule approved in the

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1		final Commission order on rehearing entered in Docket
2		No. 12-0298; the Commission shall reopen the
3		proceeding in which it entered its order pursuant to
4		subsection (e) of Section 16-108.6 of this Act and
5		shall, after notice and hearing, enter an amendatory
6		order that approves or approves as modified such
7		accelerated plan within 90 days after the utility's
8		filing; or
9		(C) if the Commission has not initiated a
10		proceeding pursuant to subsection (e) of Section
11		16-108.6 of this Act prior to the effective date of
12		this amendatory Act of the 98th General Assembly, then
13		the utility shall file with the Commission, within 45
14		days after such effective date, a plan for accelerating
15		the commencement of the utility's meter deployment
16		schedule approved in the final Commission order on
17		rehearing entered in Docket No. 12-0298 and the
18		Commission shall, after notice and hearing, approve or
19		approve as modified such plan within 90 days after the
20		utility's filing;
21		(2) if this amendatory Act of the 98th General Assembly
22		takes effect after June 15, 2013, then each participating
23		utility other than a combination utility shall file with
24		the Commission, within 45 days after such effective date, a
25		plan for accelerating the commencement of the utility's
26		meter deployment schedule approved in the final Commission

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1		order on rehearing entered in Docket No. 12-0298; the
2		Commission shall reopen the most recent proceeding in which
3		it entered an order pursuant to subsection (e) of Section
4		16-108.6 of this Act and within 90 days after the utility's
5		filing shall, after notice and hearing, enter an amendatory
6		order that approves or approves as modified such
7		accelerated plan, provided that if there was no such prior
8		proceeding the Commission shall open a new proceeding and
9		within 90 days after the utility's filing shall, after
10		notice and hearing, enter an order that approves or
11		approves as modified such accelerated plan.
12		Any schedule for meter deployment approved by the
13		Commission pursuant to subparagraphs (1) or (2) of this
14		subsection (l) shall take into consideration procurement times
15		for meters and other equipment and operational issues. Nothing
16		in this amendatory Act of the 98th General Assembly shall
17		shorten or extend the end dates for the 5-year or 10-year
18		periods set forth in subsection (b) of this Section or Section
19		16-108.6 of this Act. Nothing in this subsection is intended to
20		address whether a participating utility has, or has not,
21		satisfied any or all of the metrics and performance goals
22		established pursuant to subsection (f) of this Section.
23		(m) The provisions of this amendatory Act of the 98th
24		General Assembly are severable under Section 1.31 of the
25		Statute on Statutes.
26		(Source: P.A. 97-616, eff. 10-26-11; 97-646, eff. 12-30-11;

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1		98-15, eff. 5-22-13.)
2		Section 560. The Citizens Utility Board Act is amended by
3		changing Section 9 as follows:
4		(220 ILCS 10/9) (from Ch. 111 2/3, par. 909)
5		Sec. 9. Mailing procedure.
6		(1) As used in this Section:
7		(a) "Enclosure" means a card, leaflet, envelope or
8		combination thereof furnished by the corporation under
9		this Section.
10		(b) "Mailing" means any communication by a State
11		agency, other than a mailing made under the Senior Citizens
12		and Persons with Disabilities Disabled Persons Property
13		Tax Relief Act, that is sent through the United States
14		Postal Service to more than 50,000 persons within a
15		12-month period.
16		(c) "State agency" means any officer, department,
17		board, commission, institution or entity of the executive
18		or legislative branches of State government.
19		(2) To accomplish its powers and duties under Section 5
20		this Act, the corporation, subject to the following
21		limitations, may prepare and furnish to any State agency an
22		enclosure to be included with a mailing by that agency.
23		(a) A State agency furnished with an enclosure shall
24		include the enclosure within the mailing designated by the

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1		corporation.
2		(b) An enclosure furnished by the corporation under
3		this Section shall be provided to the State agency a
4		reasonable period of time in advance of the mailing.
5		(c) An enclosure furnished by the corporation under
6		this Section shall be limited to informing the reader of
7		the purpose, nature and activities of the corporation as
8		set forth in this Act and informing the reader that it may
9		become a member in the corporation, maintain membership in
10		the corporation and contribute money to the corporation
11		directly.
12		(d) Prior to furnishing an enclosure to the State
13		agency, the corporation shall seek and obtain approval of
14		the content of the enclosure from the Illinois Commerce
15		Commission. The Commission shall approve the enclosure if
16		it determines that the enclosure (i) is not false or
17		misleading and (ii) satisfies the requirements of this Act.
18		The Commission shall be deemed to have approved the
19		enclosure unless it disapproves the enclosure within 14
20		days from the date of receipt.
21		(3) The corporation shall reimburse each State agency for
22		all reasonable incremental costs incurred by the State agency
23		in complying with this Section above the agency's normal
24		mailing and handling costs, provided that:
25		(a) The State agency shall first furnish the
26		corporation with an itemized accounting of such additional

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1		cost; and
2		(b) The corporation shall not be required to reimburse
3		the State agency for postage costs if the weight of the
4		corporation's enclosure does not exceed .35 ounce
5		avoirdupois. If the corporation's enclosure exceeds that
6		weight, then it shall only be required to reimburse the
7		State agency for postage cost over and above what the
8		agency's postage cost would have been had the enclosure
9		weighed only .35 ounce avoirdupois.
10		(Source: P.A. 96-804, eff. 1-1-10; 97-689, eff. 6-14-12.)
11		Section 565. The Child Care Act of 1969 is amended by
12		changing Sections 2.06, 2.09, 4.2, and 7 as follows:
13		(225 ILCS 10/2.06) (from Ch. 23, par. 2212.06)
14		Sec. 2.06. "Child care institution" means a child care
15		facility where more than 7 children are received and maintained
16		for the purpose of providing them with care or training or
17		both. The term "child care institution" includes residential
18		schools, primarily serving ambulatory children with
19		disabilities handicapped children, and those operating a full
20		calendar year, but does not include:
21		(a) Any State-operated institution for child care
22		established by legislative action;
23		(b) Any juvenile detention or shelter care home established
24		and operated by any county or child protection district

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1		established under the "Child Protection Act";
2		(c) Any institution, home, place or facility operating
3		under a license pursuant to the Nursing Home Care Act, the
4		Specialized Mental Health Rehabilitation Act of 2013, or the
5		ID/DD Community Care Act;
6		(d) Any bona fide boarding school in which children are
7		primarily taught branches of education corresponding to those
8		taught in public schools, grades one through 12, or taught in
9		public elementary schools, high schools, or both elementary and
10		high schools, and which operates on a regular academic school
11		year basis; or
12		(e) Any facility licensed as a "group home" as defined in
13		this Act.
14		(Source: P.A. 97-38, eff. 6-28-11; 97-227, eff. 1-1-12; 97-813,
15		eff. 7-13-12; 98-104, eff. 7-22-13.)
16		(225 ILCS 10/2.09) (from Ch. 23, par. 2212.09)
17		Sec. 2.09. "Day care center" means any child care facility
18		which regularly provides day care for less than 24 hours per
19		day for (1) more than 8 children in a family home, or (2) more
20		than 3 children in a facility other than a family home,
21		including senior citizen buildings. The term does not include
22		(a) programs operated by (i) public or private elementary
23		school systems or secondary level school units or institutions
24		of higher learning that serve children who shall have attained
25		the age of 3 years or (ii) private entities on the grounds of

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1		public or private elementary or secondary schools and that
2		serve children who have attained the age of 3 years, except
3		that this exception applies only to the facility and not to the
4		private entities' personnel operating the program; (b)
5		programs or that portion of the program which serves children
6		who shall have attained the age of 3 years and which are
7		recognized by the State Board of Education; (c) educational
8		program or programs serving children who shall have attained
9		the age of 3 years and which are operated by a school which is
10		registered with the State Board of Education and which is
11		recognized or accredited by a recognized national or multistate
12		educational organization or association which regularly
13		recognizes or accredits schools; (d) programs which
14		exclusively serve or that portion of the program which serves
15		children with disabilities handicapped children who shall have
16		attained the age of 3 years but are less than 21 years of age
17		and which are registered and approved as meeting standards of
18		the State Board of Education and applicable fire marshal
19		standards; (e) facilities operated in connection with a
20		shopping center or service, religious services, or other
21		similar facility, where transient children are cared for
22		temporarily while parents or custodians of the children are
23		occupied on the premises and readily available; (f) any type of
24		day care center that is conducted on federal government
25		premises; (g) special activities programs, including
26		athletics, crafts instruction and similar activities conducted

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1		on an organized and periodic basis by civic, charitable and
2		governmental organizations; (h) part day child care
3		facilities, as defined in Section 2.10 of this Act; or (i)
4		programs or that portion of the program which (1) serves
5		children who shall have attained the age of 3 years, (2) is
6		operated by churches or religious institutions as described in
7		Section 501 (c) (3) of the federal Internal Revenue Code, (3)
8		receives no governmental aid, (4) is operated as a component of
9		a religious, nonprofit elementary school, (5) operates
10		primarily to provide religious education, and (6) meets
11		appropriate State or local health and fire safety standards.
12		For purposes of (a), (b), (c), (d) and (i) of this Section,
13		"children who shall have attained the age of 3 years" shall
14		mean children who are 3 years of age, but less than 4 years of
15		age, at the time of enrollment in the program.
16		(Source: P.A. 92-659, eff. 7-16-02.)
17		(225 ILCS 10/4.2) (from Ch. 23, par. 2214.2)
18		Sec. 4.2. (a) No applicant may receive a license from the
19		Department and no person may be employed by a licensed child
20		care facility who refuses to authorize an investigation as
21		required by Section 4.1.
22		(b) In addition to the other provisions of this Section, no
23		applicant may receive a license from the Department and no
24		person may be employed by a child care facility licensed by the
25		Department who has been declared a sexually dangerous person

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1		under "An Act in relation to sexually dangerous persons, and
2		providing for their commitment, detention and supervision",
3		approved July 6, 1938, as amended, or convicted of committing
4		or attempting to commit any of the following offenses
5		stipulated under the Criminal Code of 1961 or the Criminal Code
6		of 2012:
7		(1) murder;
8		(1.1) solicitation of murder;
9		(1.2) solicitation of murder for hire;
10		(1.3) intentional homicide of an unborn child;
11		(1.4) voluntary manslaughter of an unborn child;
12		(1.5) involuntary manslaughter;
13		(1.6) reckless homicide;
14		(1.7) concealment of a homicidal death;
15		(1.8) involuntary manslaughter of an unborn child;
16		(1.9) reckless homicide of an unborn child;
17		(1.10) drug-induced homicide;
18		(2) a sex offense under Article 11, except offenses
19		described in Sections 11-7, 11-8, 11-12, 11-13, 11-35,
20		11-40, and 11-45;
21		(3) kidnapping;
22		(3.1) aggravated unlawful restraint;
23		(3.2) forcible detention;
24		(3.3) harboring a runaway;
25		(3.4) aiding and abetting child abduction;
26		(4) aggravated kidnapping;

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1		(5) child abduction;
2		(6) aggravated battery of a child as described in
3		Section 12-4.3 or subdivision (b)(1) of Section 12-3.05;
4		(7) criminal sexual assault;
5		(8) aggravated criminal sexual assault;
6		(8.1) predatory criminal sexual assault of a child;
7		(9) criminal sexual abuse;
8		(10) aggravated sexual abuse;
9		(11) heinous battery as described in Section 12-4.1 or
10		subdivision (a)(2) of Section 12-3.05;
11		(12) aggravated battery with a firearm as described in
12		Section 12-4.2 or subdivision (e)(1), (e)(2), (e)(3), or
13		(e)(4) of Section 12-3.05;
14		(13) tampering with food, drugs, or cosmetics;
15		(14) drug induced infliction of great bodily harm as
16		described in Section 12-4.7 or subdivision (g)(1) of
17		Section 12-3.05;
18		(15) hate crime;
19		(16) stalking;
20		(17) aggravated stalking;
21		(18) threatening public officials;
22		(19) home invasion;
23		(20) vehicular invasion;
24		(21) criminal transmission of HIV;
25		(22) criminal abuse or neglect of an elderly person or
26		person with a disability or disabled person as described in

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1		Section 12-21 or subsection (e) (b) of Section 12-4.4a;
2		(23) child abandonment;
3		(24) endangering the life or health of a child;
4		(25) ritual mutilation;
5		(26) ritualized abuse of a child;
6		(27) an offense in any other jurisdiction the elements
7		of which are similar and bear a substantial relationship to
8		any of the foregoing offenses.
9		(b-1) In addition to the other provisions of this Section,
10		beginning January 1, 2004, no new applicant and, on the date of
11		licensure renewal, no current licensee may operate or receive a
12		license from the Department to operate, no person may be
13		employed by, and no adult person may reside in a child care
14		facility licensed by the Department who has been convicted of
15		committing or attempting to commit any of the following
16		offenses or an offense in any other jurisdiction the elements
17		of which are similar and bear a substantial relationship to any
18		of the following offenses:
19		(I) BODILY HARM
20		(1) Felony aggravated assault.
21		(2) Vehicular endangerment.
22		(3) Felony domestic battery.
23		(4) Aggravated battery.
24		(5) Heinous battery.

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1		(6) Aggravated battery with a firearm.
2		(7) Aggravated battery of an unborn child.
3		(8) Aggravated battery of a senior citizen.
4		(9) Intimidation.
5		(10) Compelling organization membership of persons.
6		(11) Abuse and criminal neglect of a long term care
7		facility resident.
8		(12) Felony violation of an order of protection.
9		(II) OFFENSES AFFECTING PUBLIC HEALTH, SAFETY, AND DECENCY
10		(1) Felony unlawful use of weapons.
11		(2) Aggravated discharge of a firearm.
12		(3) Reckless discharge of a firearm.
13		(4) Unlawful use of metal piercing bullets.
14		(5) Unlawful sale or delivery of firearms on the
15		premises of any school.
16		(6) Disarming a police officer.
17		(7) Obstructing justice.
18		(8) Concealing or aiding a fugitive.
19		(9) Armed violence.
20		(10) Felony contributing to the criminal delinquency
21		of a juvenile.
22		(III) DRUG OFFENSES

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1		(1) Possession of more than 30 grams of cannabis.
2		(2) Manufacture of more than 10 grams of cannabis.
3		(3) Cannabis trafficking.
4		(4) Delivery of cannabis on school grounds.
5		(5) Unauthorized production of more than 5 cannabis
6		sativa plants.
7		(6) Calculated criminal cannabis conspiracy.
8		(7) Unauthorized manufacture or delivery of controlled
9		substances.
10		(8) Controlled substance trafficking.
11		(9) Manufacture, distribution, or advertisement of
12		look-alike substances.
13		(10) Calculated criminal drug conspiracy.
14		(11) Street gang criminal drug conspiracy.
15		(12) Permitting unlawful use of a building.
16		(13) Delivery of controlled, counterfeit, or
17		look-alike substances to persons under age 18, or at truck
18		stops, rest stops, or safety rest areas, or on school
19		property.
20		(14) Using, engaging, or employing persons under 18 to
21		deliver controlled, counterfeit, or look-alike substances.
22		(15) Delivery of controlled substances.
23		(16) Sale or delivery of drug paraphernalia.
24		(17) Felony possession, sale, or exchange of
25		instruments adapted for use of a controlled substance,
26		methamphetamine, or cannabis by subcutaneous injection.

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1		(18) Felony possession of a controlled substance.
2		(19) Any violation of the Methamphetamine Control and
3		Community Protection Act.
4		(b-1.5) In addition to any other provision of this Section,
5		for applicants with access to confidential financial
6		information or who submit documentation to support billing, no
7		applicant whose initial application was considered after the
8		effective date of this amendatory Act of the 97th General
9		Assembly may receive a license from the Department or a child
10		care facility licensed by the Department who has been convicted
11		of committing or attempting to commit any of the following
12		felony offenses:
13		(1) financial institution fraud under Section 17-10.6
14		of the Criminal Code of 1961 or the Criminal Code of 2012;
15		(2) identity theft under Section 16-30 of the Criminal
16		Code of 1961 or the Criminal Code of 2012;
17		(3) financial exploitation of an elderly person or a
18		person with a disability under Section 17-56 of the
19		Criminal Code of 1961 or the Criminal Code of 2012;
20		(4) computer tampering under Section 17-51 of the
21		Criminal Code of 1961 or the Criminal Code of 2012;
22		(5) aggravated computer tampering under Section 17-52
23		of the Criminal Code of 1961 or the Criminal Code of 2012;
24		(6) computer fraud under Section 17-50 of the Criminal
25		Code of 1961 or the Criminal Code of 2012;
26		(7) deceptive practices under Section 17-1 of the

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1		Criminal Code of 1961 or the Criminal Code of 2012;
2		(8) forgery under Section 17-3 of the Criminal Code of
3		1961 or the Criminal Code of 2012;
4		(9) State benefits fraud under Section 17-6 of the
5		Criminal Code of 1961 or the Criminal Code of 2012;
6		(10) mail fraud and wire fraud under Section 17-24 of
7		the Criminal Code of 1961 or the Criminal Code of 2012;
8		(11) theft under paragraphs (1.1) through (11) of
9		subsection (b) of Section 16-1 of the Criminal Code of 1961
10		or the Criminal Code of 2012.
11		(b-2) Notwithstanding subsection (b-1), the Department may
12		make an exception and, for child care facilities other than
13		foster family homes, issue a new child care facility license to
14		or renew the existing child care facility license of an
15		applicant, a person employed by a child care facility, or an
16		applicant who has an adult residing in a home child care
17		facility who was convicted of an offense described in
18		subsection (b-1), provided that all of the following
19		requirements are met:
20		(1) The relevant criminal offense occurred more than 5
21		years prior to the date of application or renewal, except
22		for drug offenses. The relevant drug offense must have
23		occurred more than 10 years prior to the date of
24		application or renewal, unless the applicant passed a drug
25		test, arranged and paid for by the child care facility, no
26		less than 5 years after the offense.

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1		(2) The Department must conduct a background check and
2		assess all convictions and recommendations of the child
3		care facility to determine if hiring or licensing the
4		applicant is in accordance with Department administrative
5		rules and procedures.
6		(3) The applicant meets all other requirements and
7		qualifications to be licensed as the pertinent type of
8		child care facility under this Act and the Department's
9		administrative rules.
10		(c) In addition to the other provisions of this Section, no
11		applicant may receive a license from the Department to operate
12		a foster family home, and no adult person may reside in a
13		foster family home licensed by the Department, who has been
14		convicted of committing or attempting to commit any of the
15		following offenses stipulated under the Criminal Code of 1961,
16		the Criminal Code of 2012, the Cannabis Control Act, the
17		Methamphetamine Control and Community Protection Act, and the
18		Illinois Controlled Substances Act:
19		(I) OFFENSES DIRECTED AGAINST THE PERSON
20		(A) KIDNAPPING AND RELATED OFFENSES
21		(1) Unlawful restraint.
22		(B) BODILY HARM
23		(2) Felony aggravated assault.

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1		(3) Vehicular endangerment.
2		(4) Felony domestic battery.
3		(5) Aggravated battery.
4		(6) Heinous battery.
5		(7) Aggravated battery with a firearm.
6		(8) Aggravated battery of an unborn child.
7		(9) Aggravated battery of a senior citizen.
8		(10) Intimidation.
9		(11) Compelling organization membership of persons.
10		(12) Abuse and criminal neglect of a long term care
11		facility resident.
12		(13) Felony violation of an order of protection.
13		(II) OFFENSES DIRECTED AGAINST PROPERTY
14		(14) Felony theft.
15		(15) Robbery.
16		(16) Armed robbery.
17		(17) Aggravated robbery.
18		(18) Vehicular hijacking.
19		(19) Aggravated vehicular hijacking.
20		(20) Burglary.
21		(21) Possession of burglary tools.
22		(22) Residential burglary.
23		(23) Criminal fortification of a residence or
24		building.

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1		(24) Arson.
2		(25) Aggravated arson.
3		(26) Possession of explosive or explosive incendiary
4		devices.
5		(III) OFFENSES AFFECTING PUBLIC HEALTH, SAFETY, AND DECENCY
6		(27) Felony unlawful use of weapons.
7		(28) Aggravated discharge of a firearm.
8		(29) Reckless discharge of a firearm.
9		(30) Unlawful use of metal piercing bullets.
10		(31) Unlawful sale or delivery of firearms on the
11		premises of any school.
12		(32) Disarming a police officer.
13		(33) Obstructing justice.
14		(34) Concealing or aiding a fugitive.
15		(35) Armed violence.
16		(36) Felony contributing to the criminal delinquency
17		of a juvenile.
18		(IV) DRUG OFFENSES
19		(37) Possession of more than 30 grams of cannabis.
20		(38) Manufacture of more than 10 grams of cannabis.
21		(39) Cannabis trafficking.
22		(40) Delivery of cannabis on school grounds.

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1		(41) Unauthorized production of more than 5 cannabis
2		sativa plants.
3		(42) Calculated criminal cannabis conspiracy.
4		(43) Unauthorized manufacture or delivery of
5		controlled substances.
6		(44) Controlled substance trafficking.
7		(45) Manufacture, distribution, or advertisement of
8		look-alike substances.
9		(46) Calculated criminal drug conspiracy.
10		(46.5) Streetgang criminal drug conspiracy.
11		(47) Permitting unlawful use of a building.
12		(48) Delivery of controlled, counterfeit, or
13		look-alike substances to persons under age 18, or at truck
14		stops, rest stops, or safety rest areas, or on school
15		property.
16		(49) Using, engaging, or employing persons under 18 to
17		deliver controlled, counterfeit, or look-alike substances.
18		(50) Delivery of controlled substances.
19		(51) Sale or delivery of drug paraphernalia.
20		(52) Felony possession, sale, or exchange of
21		instruments adapted for use of a controlled substance,
22		methamphetamine, or cannabis by subcutaneous injection.
23		(53) Any violation of the Methamphetamine Control and
24		Community Protection Act.
25		(d) Notwithstanding subsection (c), the Department may
26		make an exception and issue a new foster family home license or

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1		may renew an existing foster family home license of an
2		applicant who was convicted of an offense described in
3		subsection (c), provided all of the following requirements are
4		met:
5		(1) The relevant criminal offense or offenses occurred
6		more than 10 years prior to the date of application or
7		renewal.
8		(2) The applicant had previously disclosed the
9		conviction or convictions to the Department for purposes of
10		a background check.
11		(3) After the disclosure, the Department either placed
12		a child in the home or the foster family home license was
13		issued.
14		(4) During the background check, the Department had
15		assessed and waived the conviction in compliance with the
16		existing statutes and rules in effect at the time of the
17		hire or licensure.
18		(5) The applicant meets all other requirements and
19		qualifications to be licensed as a foster family home under
20		this Act and the Department's administrative rules.
21		(6) The applicant has a history of providing a safe,
22		stable home environment and appears able to continue to
23		provide a safe, stable home environment.
24		(e) In evaluating the exception pursuant to subsections
25		(b-2) and (d), the Department must carefully review any
26		relevant documents to determine whether the applicant, despite

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1		the disqualifying convictions, poses a substantial risk to
2		State resources or clients. In making such a determination, the
3		following guidelines shall be used:
4		(1) the age of the applicant when the offense was
5		committed;
6		(2) the circumstances surrounding the offense;
7		(3) the length of time since the conviction;
8		(4) the specific duties and responsibilities
9		necessarily related to the license being applied for and
10		the bearing, if any, that the applicant's conviction
11		history may have on his or her fitness to perform these
12		duties and responsibilities;
13		(5) the applicant's employment references;
14		(6) the applicant's character references and any
15		certificates of achievement;
16		(7) an academic transcript showing educational
17		attainment since the disqualifying conviction;
18		(8) a Certificate of Relief from Disabilities or
19		Certificate of Good Conduct; and
20		(9) anything else that speaks to the applicant's
21		character.
22		(Source: P.A. 96-1551, Article 1, Section 925, eff. 7-1-11;
23		96-1551, Article 2, Section 990, eff. 7-1-11; 97-874, eff.
24		7-31-12; 97-1109, eff. 1-1-13; 97-1150, eff. 1-25-13.)
25		(225 ILCS 10/7) (from Ch. 23, par. 2217)

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1		Sec. 7. (a) The Department must prescribe and publish
2		minimum standards for licensing that apply to the various types
3		of facilities for child care defined in this Act and that are
4		equally applicable to like institutions under the control of
5		the Department and to foster family homes used by and under the
6		direct supervision of the Department. The Department shall seek
7		the advice and assistance of persons representative of the
8		various types of child care facilities in establishing such
9		standards. The standards prescribed and published under this
10		Act take effect as provided in the Illinois Administrative
11		Procedure Act, and are restricted to regulations pertaining to
12		the following matters and to any rules and regulations required
13		or permitted by any other Section of this Act:
14		(1) The operation and conduct of the facility and
15		responsibility it assumes for child care;
16		(2) The character, suitability and qualifications of
17		the applicant and other persons directly responsible for
18		the care and welfare of children served. All child day care
19		center licensees and employees who are required to report
20		child abuse or neglect under the Abused and Neglected Child
21		Reporting Act shall be required to attend training on
22		recognizing child abuse and neglect, as prescribed by
23		Department rules;
24		(3) The general financial ability and competence of the
25		applicant to provide necessary care for children and to
26		maintain prescribed standards;

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1		(4) The number of individuals or staff required to
2		insure adequate supervision and care of the children
3		received. The standards shall provide that each child care
4		institution, maternity center, day care center, group
5		home, day care home, and group day care home shall have on
6		its premises during its hours of operation at least one
7		staff member certified in first aid, in the Heimlich
8		maneuver and in cardiopulmonary resuscitation by the
9		American Red Cross or other organization approved by rule
10		of the Department. Child welfare agencies shall not be
11		subject to such a staffing requirement. The Department may
12		offer, or arrange for the offering, on a periodic basis in
13		each community in this State in cooperation with the
14		American Red Cross, the American Heart Association or other
15		appropriate organization, voluntary programs to train
16		operators of foster family homes and day care homes in
17		first aid and cardiopulmonary resuscitation;
18		(5) The appropriateness, safety, cleanliness and
19		general adequacy of the premises, including maintenance of
20		adequate fire prevention and health standards conforming
21		to State laws and municipal codes to provide for the
22		physical comfort, care and well-being of children
23		received;
24		(6) Provisions for food, clothing, educational
25		opportunities, program, equipment and individual supplies
26		to assure the healthy physical, mental and spiritual

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1		development of children served;
2		(7) Provisions to safeguard the legal rights of
3		children served;
4		(8) Maintenance of records pertaining to the
5		admission, progress, health and discharge of children,
6		including, for day care centers and day care homes, records
7		indicating each child has been immunized as required by
8		State regulations. The Department shall require proof that
9		children enrolled in a facility have been immunized against
10		Haemophilus Influenzae B (HIB);
11		(9) Filing of reports with the Department;
12		(10) Discipline of children;
13		(11) Protection and fostering of the particular
14		religious faith of the children served;
15		(12) Provisions prohibiting firearms on day care
16		center premises except in the possession of peace officers;
17		(13) Provisions prohibiting handguns on day care home
18		premises except in the possession of peace officers or
19		other adults who must possess a handgun as a condition of
20		employment and who reside on the premises of a day care
21		home;
22		(14) Provisions requiring that any firearm permitted
23		on day care home premises, except handguns in the
24		possession of peace officers, shall be kept in a
25		disassembled state, without ammunition, in locked storage,
26		inaccessible to children and that ammunition permitted on

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1		day care home premises shall be kept in locked storage
2		separate from that of disassembled firearms, inaccessible
3		to children;
4		(15) Provisions requiring notification of parents or
5		guardians enrolling children at a day care home of the
6		presence in the day care home of any firearms and
7		ammunition and of the arrangements for the separate, locked
8		storage of such firearms and ammunition; and
9		(16) Provisions requiring all licensed child care
10		facility employees who care for newborns and infants to
11		complete training every 3 years on the nature of sudden
12		unexpected infant death (SUID), sudden infant death
13		syndrome (SIDS), and the safe sleep recommendations of the
14		American Academy of Pediatrics.
15		(b) If, in a facility for general child care, there are
16		children diagnosed as mentally ill or children diagnosed as
17		having an intellectual or physical disability , intellectually
18		disabled or physically handicapped, who are determined to be in
19		need of special mental treatment or of nursing care, or both
20		mental treatment and nursing care, the Department shall seek
21		the advice and recommendation of the Department of Human
22		Services, the Department of Public Health, or both Departments
23		regarding the residential treatment and nursing care provided
24		by the institution.
25		(c) The Department shall investigate any person applying to
26		be licensed as a foster parent to determine whether there is

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1		any evidence of current drug or alcohol abuse in the
2		prospective foster family. The Department shall not license a
3		person as a foster parent if drug or alcohol abuse has been
4		identified in the foster family or if a reasonable suspicion of
5		such abuse exists, except that the Department may grant a
6		foster parent license to an applicant identified with an
7		alcohol or drug problem if the applicant has successfully
8		participated in an alcohol or drug treatment program, self-help
9		group, or other suitable activities.
10		(d) The Department, in applying standards prescribed and
11		published, as herein provided, shall offer consultation
12		through employed staff or other qualified persons to assist
13		applicants and licensees in meeting and maintaining minimum
14		requirements for a license and to help them otherwise to
15		achieve programs of excellence related to the care of children
16		served. Such consultation shall include providing information
17		concerning education and training in early childhood
18		development to providers of day care home services. The
19		Department may provide or arrange for such education and
20		training for those providers who request such assistance.
21		(e) The Department shall distribute copies of licensing
22		standards to all licensees and applicants for a license. Each
23		licensee or holder of a permit shall distribute copies of the
24		appropriate licensing standards and any other information
25		required by the Department to child care facilities under its
26		supervision. Each licensee or holder of a permit shall maintain

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1		appropriate documentation of the distribution of the
2		standards. Such documentation shall be part of the records of
3		the facility and subject to inspection by authorized
4		representatives of the Department.
5		(f) The Department shall prepare summaries of day care
6		licensing standards. Each licensee or holder of a permit for a
7		day care facility shall distribute a copy of the appropriate
8		summary and any other information required by the Department,
9		to the legal guardian of each child cared for in that facility
10		at the time when the child is enrolled or initially placed in
11		the facility. The licensee or holder of a permit for a day care
12		facility shall secure appropriate documentation of the
13		distribution of the summary and brochure. Such documentation
14		shall be a part of the records of the facility and subject to
15		inspection by an authorized representative of the Department.
16		(g) The Department shall distribute to each licensee and
17		holder of a permit copies of the licensing or permit standards
18		applicable to such person's facility. Each licensee or holder
19		of a permit shall make available by posting at all times in a
20		common or otherwise accessible area a complete and current set
21		of licensing standards in order that all employees of the
22		facility may have unrestricted access to such standards. All
23		employees of the facility shall have reviewed the standards and
24		any subsequent changes. Each licensee or holder of a permit
25		shall maintain appropriate documentation of the current review
26		of licensing standards by all employees. Such records shall be

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1		part of the records of the facility and subject to inspection
2		by authorized representatives of the Department.
3		(h) Any standards involving physical examinations,
4		immunization, or medical treatment shall include appropriate
5		exemptions for children whose parents object thereto on the
6		grounds that they conflict with the tenets and practices of a
7		recognized church or religious organization, of which the
8		parent is an adherent or member, and for children who should
9		not be subjected to immunization for clinical reasons.
10		(i) The Department, in cooperation with the Department of
11		Public Health, shall work to increase immunization awareness
12		and participation among parents of children enrolled in day
13		care centers and day care homes by publishing on the
14		Department's website information about the benefits of
15		immunization against vaccine preventable diseases, including
16		influenza and pertussis. The information for vaccine
17		preventable diseases shall include the incidence and severity
18		of the diseases, the availability of vaccines, and the
19		importance of immunizing children and persons who frequently
20		have close contact with children. The website content shall be
21		reviewed annually in collaboration with the Department of
22		Public Health to reflect the most current recommendations of
23		the Advisory Committee on Immunization Practices (ACIP). The
24		Department shall work with day care centers and day care homes
25		licensed under this Act to ensure that the information is
26		annually distributed to parents in August or September.

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1		(j) Any standard adopted by the Department that requires an
2		applicant for a license to operate a day care home to include a
3		copy of a high school diploma or equivalent certificate with
4		his or her application shall be deemed to be satisfied if the
5		applicant includes a copy of a high school diploma or
6		equivalent certificate or a copy of a degree from an accredited
7		institution of higher education or vocational institution or
8		equivalent certificate.
9		(Source: P.A. 97-83, eff. 1-1-12; 97-227, eff. 1-1-12; 97-494,
10		eff. 8-22-11; 97-813, eff. 7-13-12; 98-817, eff. 1-1-15.)
11		Section 570. The Illinois Dental Practice Act is amended by
12		changing Section 13 as follows:
13		(225 ILCS 25/13) (from Ch. 111, par. 2313)
14		(Section scheduled to be repealed on January 1, 2016)
15		Sec. 13. Qualifications of Applicants for Dental
16		Hygienists. Every person who desires to obtain a license as a
17		dental hygienist shall apply to the Department in writing, upon
18		forms prepared and furnished by the Department. Each
19		application shall contain proof of the particular
20		qualifications required of the applicant, shall be verified by
21		the applicant, under oath, and shall be accompanied by the
22		required examination fee.
23		The Department shall require that every applicant for a
24		license as a dental hygienist shall:

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1		(1) (Blank).
2		(2) Be a graduate of high school or its equivalent.
3		(3) Present satisfactory evidence of having successfully
4		completed 2 academic years of credit at a dental hygiene
5		program accredited by the Commission on Dental Accreditation of
6		the American Dental Association.
7		(4) Submit evidence that he or she holds a currently valid
8		certification to perform cardiopulmonary resuscitation. The
9		Department shall adopt rules establishing criteria for
10		certification in cardiopulmonary resuscitation. The rules of
11		the Department shall provide for variances only in instances
12		where the applicant is a person with a physical disability
13		physically disabled and therefore unable to secure such
14		certification.
15		(5) (Blank).
16		(6) Present satisfactory evidence that the applicant has
17		passed the National Board Dental Hygiene Examination
18		administered by the Joint Commission on National Dental
19		Examinations and has successfully completed an examination
20		conducted by one of the following regional testing services:
21		the Central Regional Dental Testing Service, Inc. (CRDTS), the
22		Southern Regional Testing Agency, Inc. (SRTA), the Western
23		Regional Examining Board (WREB), or the North East Regional
24		Board (NERB). For the purposes of this Section, successful
25		completion shall mean that the applicant has achieved a minimum
26		passing score as determined by the applicable regional testing

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1		service. The Secretary may suspend a regional testing service
2		under this item (6) if, after proper notice and hearing, it is
3		established that (i) the integrity of the examination has been
4		breached so as to make future test results unreliable or (ii)
5		the examination is fundamentally deficient in testing clinical
6		competency.
7		(Source: P.A. 96-14, eff. 6-19-09; 97-1013, eff. 8-17-12.)
8		Section 575. The Health Care Worker Background Check Act is
9		amended by changing Section 5 as follows:
10		(225 ILCS 46/5)
11		Sec. 5. Purpose. The General Assembly finds that it is in
12		the public interest to protect the citizens of the State of
13		Illinois who are the most frail and who are persons with
14		disabilities disabled citizens of the State of Illinois from
15		possible harm through a criminal background check of certain
16		health care workers and all employees of licensed and certified
17		long-term care facilities who have or may have contact with
18		residents or have access to the living quarters or the
19		financial, medical, or personal records of residents.
20		(Source: P.A. 94-665, eff. 1-1-06.)
21		Section 580. The Home Medical Equipment and Services
22		Provider License Act is amended by changing Section 10 as
23		follows:

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1		(225 ILCS 51/10)
2		(Section scheduled to be repealed on January 1, 2018)
3		Sec. 10. Definitions. As used in this Act:
4		(1) "Department" means the Department of Financial and
5		Professional Regulation.
6		(2) "Secretary" means the Secretary of Financial and
7		Professional Regulation.
8		(3) "Board" means the Home Medical Equipment and
9		Services Board.
10		(4) "Home medical equipment and services provider" or
11		"provider" means a legal entity, as defined by State law,
12		engaged in the business of providing home medical equipment
13		and services, whether directly or through a contractual
14		arrangement, to an unrelated sick individual or an
15		unrelated individual with a disability or disabled
16		individual where that individual resides.
17		(5) "Home medical equipment and services" means the
18		delivery, installation, maintenance, replacement, or
19		instruction in the use of medical equipment used by a sick
20		individual or an individual with a disability or disabled
21		individual to allow the individual to be maintained in his
22		or her residence.
23		(6) "Home medical equipment" means technologically
24		sophisticated medical devices, apparatuses, machines, or
25		other similar articles bearing a label that states

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1		"Caution: federal law requires dispensing by or on the
2		order of a physician.", which are usable in a home care
3		setting, including but not limited to:
4		(A) oxygen and oxygen delivery systems;
5		(B) ventilators;
6		(C) respiratory disease management devices,
7		excluding compressor driven nebulizers;
8		(D) wheelchair seating systems;
9		(E) apnea monitors;
10		(F) transcutaneous electrical nerve stimulator
11		(TENS) units;
12		(G) low air-loss cutaneous pressure management
13		devices;
14		(H) sequential compression devices;
15		(I) neonatal home phototherapy devices;
16		(J) enteral feeding pumps; and
17		(K) other similar equipment as defined by the
18		Board.
19		"Home medical equipment" also includes hospital beds
20		and electronic and computer-driven wheelchairs, excluding
21		scooters.
22		(7) "Address of record" means the designated address
23		recorded by the Department in the applicant's or licensee's
24		application file or license file maintained by the
25		Department's licensure maintenance unit. It is the duty of
26		the applicant or licensee to inform the Department of any

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1		change of address, and such changes must be made either
2		through the Department's website or by contacting the
3		Department's licensure maintenance unit.
4		(Source: P.A. 95-703, eff. 12-31-07.)
5		Section 585. The Medical Practice Act of 1987 is amended by
6		changing Section 23 as follows:
7		(225 ILCS 60/23) (from Ch. 111, par. 4400-23)
8		(Section scheduled to be repealed on December 31, 2015)
9		Sec. 23. Reports relating to professional conduct and
10		capacity.
11		(A) Entities required to report.
12		(1) Health care institutions. The chief administrator
13		or executive officer of any health care institution
14		licensed by the Illinois Department of Public Health shall
15		report to the Disciplinary Board when any person's clinical
16		privileges are terminated or are restricted based on a
17		final determination made in accordance with that
18		institution's by-laws or rules and regulations that a
19		person has either committed an act or acts which may
20		directly threaten patient care or that a person may have a
21		mental or physical disability that may be mentally or
22		physically disabled in such a manner as to endanger
23		patients under that person's care. Such officer also shall
24		report if a person accepts voluntary termination or

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1		restriction of clinical privileges in lieu of formal action
2		based upon conduct related directly to patient care or in
3		lieu of formal action seeking to determine whether a person
4		may have a mental or physical disability that may be
5		mentally or physically disabled in such a manner as to
6		endanger patients under that person's care. The
7		Disciplinary Board shall, by rule, provide for the
8		reporting to it by health care institutions of all
9		instances in which a person, licensed under this Act, who
10		is impaired by reason of age, drug or alcohol abuse or
11		physical or mental impairment, is under supervision and,
12		where appropriate, is in a program of rehabilitation. Such
13		reports shall be strictly confidential and may be reviewed
14		and considered only by the members of the Disciplinary
15		Board, or by authorized staff as provided by rules of the
16		Disciplinary Board. Provisions shall be made for the
17		periodic report of the status of any such person not less
18		than twice annually in order that the Disciplinary Board
19		shall have current information upon which to determine the
20		status of any such person. Such initial and periodic
21		reports of impaired physicians shall not be considered
22		records within the meaning of The State Records Act and
23		shall be disposed of, following a determination by the
24		Disciplinary Board that such reports are no longer
25		required, in a manner and at such time as the Disciplinary
26		Board shall determine by rule. The filing of such reports

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1		shall be construed as the filing of a report for purposes
2		of subsection (C) of this Section.
3		(1.5) Clinical training programs. The program director
4		of any post-graduate clinical training program shall
5		report to the Disciplinary Board if a person engaged in a
6		post-graduate clinical training program at the
7		institution, including, but not limited to, a residency or
8		fellowship, separates from the program for any reason prior
9		to its conclusion. The program director shall provide all
10		documentation relating to the separation if, after review
11		of the report, the Disciplinary Board determines that a
12		review of those documents is necessary to determine whether
13		a violation of this Act occurred.
14		(2) Professional associations. The President or chief
15		executive officer of any association or society, of persons
16		licensed under this Act, operating within this State shall
17		report to the Disciplinary Board when the association or
18		society renders a final determination that a person has
19		committed unprofessional conduct related directly to
20		patient care or that a person may have a mental or physical
21		disability that may be mentally or physically disabled in
22		such a manner as to endanger patients under that person's
23		care.
24		(3) Professional liability insurers. Every insurance
25		company which offers policies of professional liability
26		insurance to persons licensed under this Act, or any other

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1		entity which seeks to indemnify the professional liability
2		of a person licensed under this Act, shall report to the
3		Disciplinary Board the settlement of any claim or cause of
4		action, or final judgment rendered in any cause of action,
5		which alleged negligence in the furnishing of medical care
6		by such licensed person when such settlement or final
7		judgment is in favor of the plaintiff.
8		(4) State's Attorneys. The State's Attorney of each
9		county shall report to the Disciplinary Board, within 5
10		days, any instances in which a person licensed under this
11		Act is convicted of any felony or Class A misdemeanor. The
12		State's Attorney of each county may report to the
13		Disciplinary Board through a verified complaint any
14		instance in which the State's Attorney believes that a
15		physician has willfully violated the notice requirements
16		of the Parental Notice of Abortion Act of 1995.
17		(5) State agencies. All agencies, boards, commissions,
18		departments, or other instrumentalities of the government
19		of the State of Illinois shall report to the Disciplinary
20		Board any instance arising in connection with the
21		operations of such agency, including the administration of
22		any law by such agency, in which a person licensed under
23		this Act has either committed an act or acts which may be a
24		violation of this Act or which may constitute
25		unprofessional conduct related directly to patient care or
26		which indicates that a person licensed under this Act may

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1		have a mental or physical disability that may be mentally
2		or physically disabled in such a manner as to endanger
3		patients under that person's care.
4		(B) Mandatory reporting. All reports required by items
5		(34), (35), and (36) of subsection (A) of Section 22 and by
6		Section 23 shall be submitted to the Disciplinary Board in a
7		timely fashion. Unless otherwise provided in this Section, the
8		reports shall be filed in writing within 60 days after a
9		determination that a report is required under this Act. All
10		reports shall contain the following information:
11		(1) The name, address and telephone number of the
12		person making the report.
13		(2) The name, address and telephone number of the
14		person who is the subject of the report.
15		(3) The name and date of birth of any patient or
16		patients whose treatment is a subject of the report, if
17		available, or other means of identification if such
18		information is not available, identification of the
19		hospital or other healthcare facility where the care at
20		issue in the report was rendered, provided, however, no
21		medical records may be revealed.
22		(4) A brief description of the facts which gave rise to
23		the issuance of the report, including the dates of any
24		occurrences deemed to necessitate the filing of the report.
25		(5) If court action is involved, the identity of the
26		court in which the action is filed, along with the docket

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1		number and date of filing of the action.
2		(6) Any further pertinent information which the
3		reporting party deems to be an aid in the evaluation of the
4		report.
5		The Disciplinary Board or Department may also exercise the
6		power under Section 38 of this Act to subpoena copies of
7		hospital or medical records in mandatory report cases alleging
8		death or permanent bodily injury. Appropriate rules shall be
9		adopted by the Department with the approval of the Disciplinary
10		Board.
11		When the Department has received written reports
12		concerning incidents required to be reported in items (34),
13		(35), and (36) of subsection (A) of Section 22, the licensee's
14		failure to report the incident to the Department under those
15		items shall not be the sole grounds for disciplinary action.
16		Nothing contained in this Section shall act to in any way,
17		waive or modify the confidentiality of medical reports and
18		committee reports to the extent provided by law. Any
19		information reported or disclosed shall be kept for the
20		confidential use of the Disciplinary Board, the Medical
21		Coordinators, the Disciplinary Board's attorneys, the medical
22		investigative staff, and authorized clerical staff, as
23		provided in this Act, and shall be afforded the same status as
24		is provided information concerning medical studies in Part 21
25		of Article VIII of the Code of Civil Procedure, except that the
26		Department may disclose information and documents to a federal,

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1		State, or local law enforcement agency pursuant to a subpoena
2		in an ongoing criminal investigation or to a health care
3		licensing body or medical licensing authority of this State or
4		another state or jurisdiction pursuant to an official request
5		made by that licensing body or medical licensing authority.
6		Furthermore, information and documents disclosed to a federal,
7		State, or local law enforcement agency may be used by that
8		agency only for the investigation and prosecution of a criminal
9		offense, or, in the case of disclosure to a health care
10		licensing body or medical licensing authority, only for
11		investigations and disciplinary action proceedings with regard
12		to a license. Information and documents disclosed to the
13		Department of Public Health may be used by that Department only
14		for investigation and disciplinary action regarding the
15		license of a health care institution licensed by the Department
16		of Public Health.
17		(C) Immunity from prosecution. Any individual or
18		organization acting in good faith, and not in a wilful and
19		wanton manner, in complying with this Act by providing any
20		report or other information to the Disciplinary Board or a peer
21		review committee, or assisting in the investigation or
22		preparation of such information, or by voluntarily reporting to
23		the Disciplinary Board or a peer review committee information
24		regarding alleged errors or negligence by a person licensed
25		under this Act, or by participating in proceedings of the
26		Disciplinary Board or a peer review committee, or by serving as

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1		a member of the Disciplinary Board or a peer review committee,
2		shall not, as a result of such actions, be subject to criminal
3		prosecution or civil damages.
4		(D) Indemnification. Members of the Disciplinary Board,
5		the Licensing Board, the Medical Coordinators, the
6		Disciplinary Board's attorneys, the medical investigative
7		staff, physicians retained under contract to assist and advise
8		the medical coordinators in the investigation, and authorized
9		clerical staff shall be indemnified by the State for any
10		actions occurring within the scope of services on the
11		Disciplinary Board or Licensing Board, done in good faith and
12		not wilful and wanton in nature. The Attorney General shall
13		defend all such actions unless he or she determines either that
14		there would be a conflict of interest in such representation or
15		that the actions complained of were not in good faith or were
16		wilful and wanton.
17		Should the Attorney General decline representation, the
18		member shall have the right to employ counsel of his or her
19		choice, whose fees shall be provided by the State, after
20		approval by the Attorney General, unless there is a
21		determination by a court that the member's actions were not in
22		good faith or were wilful and wanton.
23		The member must notify the Attorney General within 7 days
24		of receipt of notice of the initiation of any action involving
25		services of the Disciplinary Board. Failure to so notify the
26		Attorney General shall constitute an absolute waiver of the

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1		right to a defense and indemnification.
2		The Attorney General shall determine within 7 days after
3		receiving such notice, whether he or she will undertake to
4		represent the member.
5		(E) Deliberations of Disciplinary Board. Upon the receipt
6		of any report called for by this Act, other than those reports
7		of impaired persons licensed under this Act required pursuant
8		to the rules of the Disciplinary Board, the Disciplinary Board
9		shall notify in writing, by certified mail, the person who is
10		the subject of the report. Such notification shall be made
11		within 30 days of receipt by the Disciplinary Board of the
12		report.
13		The notification shall include a written notice setting
14		forth the person's right to examine the report. Included in
15		such notification shall be the address at which the file is
16		maintained, the name of the custodian of the reports, and the
17		telephone number at which the custodian may be reached. The
18		person who is the subject of the report shall submit a written
19		statement responding, clarifying, adding to, or proposing the
20		amending of the report previously filed. The person who is the
21		subject of the report shall also submit with the written
22		statement any medical records related to the report. The
23		statement and accompanying medical records shall become a
24		permanent part of the file and must be received by the
25		Disciplinary Board no more than 30 days after the date on which
26		the person was notified by the Disciplinary Board of the

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1		existence of the original report.
2		The Disciplinary Board shall review all reports received by
3		it, together with any supporting information and responding
4		statements submitted by persons who are the subject of reports.
5		The review by the Disciplinary Board shall be in a timely
6		manner but in no event, shall the Disciplinary Board's initial
7		review of the material contained in each disciplinary file be
8		less than 61 days nor more than 180 days after the receipt of
9		the initial report by the Disciplinary Board.
10		When the Disciplinary Board makes its initial review of the
11		materials contained within its disciplinary files, the
12		Disciplinary Board shall, in writing, make a determination as
13		to whether there are sufficient facts to warrant further
14		investigation or action. Failure to make such determination
15		within the time provided shall be deemed to be a determination
16		that there are not sufficient facts to warrant further
17		investigation or action.
18		Should the Disciplinary Board find that there are not
19		sufficient facts to warrant further investigation, or action,
20		the report shall be accepted for filing and the matter shall be
21		deemed closed and so reported to the Secretary. The Secretary
22		shall then have 30 days to accept the Disciplinary Board's
23		decision or request further investigation. The Secretary shall
24		inform the Board of the decision to request further
25		investigation, including the specific reasons for the
26		decision. The individual or entity filing the original report

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1		or complaint and the person who is the subject of the report or
2		complaint shall be notified in writing by the Secretary of any
3		final action on their report or complaint. The Department shall
4		disclose to the individual or entity who filed the original
5		report or complaint, on request, the status of the Disciplinary
6		Board's review of a specific report or complaint. Such request
7		may be made at any time, including prior to the Disciplinary
8		Board's determination as to whether there are sufficient facts
9		to warrant further investigation or action.
10		(F) Summary reports. The Disciplinary Board shall prepare,
11		on a timely basis, but in no event less than once every other
12		month, a summary report of final disciplinary actions taken
13		upon disciplinary files maintained by the Disciplinary Board.
14		The summary reports shall be made available to the public upon
15		request and payment of the fees set by the Department. This
16		publication may be made available to the public on the
17		Department's website. Information or documentation relating to
18		any disciplinary file that is closed without disciplinary
19		action taken shall not be disclosed and shall be afforded the
20		same status as is provided by Part 21 of Article VIII of the
21		Code of Civil Procedure.
22		(G) Any violation of this Section shall be a Class A
23		misdemeanor.
24		(H) If any such person violates the provisions of this
25		Section an action may be brought in the name of the People of
26		the State of Illinois, through the Attorney General of the

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1		State of Illinois, for an order enjoining such violation or for
2		an order enforcing compliance with this Section. Upon filing of
3		a verified petition in such court, the court may issue a
4		temporary restraining order without notice or bond and may
5		preliminarily or permanently enjoin such violation, and if it
6		is established that such person has violated or is violating
7		the injunction, the court may punish the offender for contempt
8		of court. Proceedings under this paragraph shall be in addition
9		to, and not in lieu of, all other remedies and penalties
10		provided for by this Section.
11		(Source: P.A. 97-449, eff. 1-1-12; 97-622, eff. 11-23-11;
12		98-601, eff. 12-30-13.)
13		Section 590. The Nurse Practice Act is amended by changing
14		Section 65-65 as follows:
15		(225 ILCS 65/65-65) (was 225 ILCS 65/15-55)
16		(Section scheduled to be repealed on January 1, 2018)
17		Sec. 65-65. Reports relating to APN professional conduct
18		and capacity.
19		(a) Entities Required to Report.
20		(1) Health Care Institutions. The chief administrator
21		or executive officer of a health care institution licensed
22		by the Department of Public Health, which provides the
23		minimum due process set forth in Section 10.4 of the
24		Hospital Licensing Act, shall report to the Board when an

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1		advanced practice nurse's organized professional staff
2		clinical privileges are terminated or are restricted based
3		on a final determination, in accordance with that
4		institution's bylaws or rules and regulations, that (i) a
5		person has either committed an act or acts that may
6		directly threaten patient care and that are not of an
7		administrative nature or (ii) that a person may have a
8		mental or physical disability be mentally or physically
9		disabled in a manner that may endanger patients under that
10		person's care. The chief administrator or officer shall
11		also report if an advanced practice nurse accepts voluntary
12		termination or restriction of clinical privileges in lieu
13		of formal action based upon conduct related directly to
14		patient care and not of an administrative nature, or in
15		lieu of formal action seeking to determine whether a person
16		may have a mental or physical disability be mentally or
17		physically disabled in a manner that may endanger patients
18		under that person's care. The Board shall provide by rule
19		for the reporting to it of all instances in which a person
20		licensed under this Article, who is impaired by reason of
21		age, drug, or alcohol abuse or physical or mental
22		impairment, is under supervision and, where appropriate,
23		is in a program of rehabilitation. Reports submitted under
24		this subsection shall be strictly confidential and may be
25		reviewed and considered only by the members of the Board or
26		authorized staff as provided by rule of the Board.

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1		Provisions shall be made for the periodic report of the
2		status of any such reported person not less than twice
3		annually in order that the Board shall have current
4		information upon which to determine the status of that
5		person. Initial and periodic reports of impaired advanced
6		practice nurses shall not be considered records within the
7		meaning of the State Records Act and shall be disposed of,
8		following a determination by the Board that such reports
9		are no longer required, in a manner and at an appropriate
10		time as the Board shall determine by rule. The filing of
11		reports submitted under this subsection shall be construed
12		as the filing of a report for purposes of subsection (c) of
13		this Section.
14		(2) Professional Associations. The President or chief
15		executive officer of an association or society of persons
16		licensed under this Article, operating within this State,
17		shall report to the Board when the association or society
18		renders a final determination that a person licensed under
19		this Article has committed unprofessional conduct related
20		directly to patient care or that a person may have a mental
21		or physical disability be mentally or physically disabled
22		in a manner that may endanger patients under the person's
23		care.
24		(3) Professional Liability Insurers. Every insurance
25		company that offers policies of professional liability
26		insurance to persons licensed under this Article, or any

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1		other entity that seeks to indemnify the professional
2		liability of a person licensed under this Article, shall
3		report to the Board the settlement of any claim or cause of
4		action, or final judgment rendered in any cause of action,
5		that alleged negligence in the furnishing of patient care
6		by the licensee when the settlement or final judgment is in
7		favor of the plaintiff.
8		(4) State's Attorneys. The State's Attorney of each
9		county shall report to the Board all instances in which a
10		person licensed under this Article is convicted or
11		otherwise found guilty of the commission of a felony.
12		(5) State Agencies. All agencies, boards, commissions,
13		departments, or other instrumentalities of the government
14		of this State shall report to the Board any instance
15		arising in connection with the operations of the agency,
16		including the administration of any law by the agency, in
17		which a person licensed under this Article has either
18		committed an act or acts that may constitute a violation of
19		this Article, that may constitute unprofessional conduct
20		related directly to patient care, or that indicates that a
21		person licensed under this Article may have a mental or
22		physical disability be mentally or physically disabled in a
23		manner that may endanger patients under that person's care.
24		(b) Mandatory Reporting. All reports required under items
25		(16) and (17) of subsection (a) of Section 70-5 shall be
26		submitted to the Board in a timely fashion. The reports shall

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1		be filed in writing within 60 days after a determination that a
2		report is required under this Article. All reports shall
3		contain the following information:
4		(1) The name, address, and telephone number of the
5		person making the report.
6		(2) The name, address, and telephone number of the
7		person who is the subject of the report.
8		(3) The name or other means of identification of any
9		patient or patients whose treatment is a subject of the
10		report, except that no medical records may be revealed
11		without the written consent of the patient or patients.
12		(4) A brief description of the facts that gave rise to
13		the issuance of the report, including but not limited to
14		the dates of any occurrences deemed to necessitate the
15		filing of the report.
16		(5) If court action is involved, the identity of the
17		court in which the action is filed, the docket number, and
18		date of filing of the action.
19		(6) Any further pertinent information that the
20		reporting party deems to be an aid in the evaluation of the
21		report.
22		Nothing contained in this Section shall be construed to in
23		any way waive or modify the confidentiality of medical reports
24		and committee reports to the extent provided by law. Any
25		information reported or disclosed shall be kept for the
26		confidential use of the Board, the Board's attorneys, the

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1		investigative staff, and authorized clerical staff and shall be
2		afforded the same status as is provided information concerning
3		medical studies in Part 21 of Article VIII of the Code of Civil
4		Procedure.
5		(c) Immunity from Prosecution. An individual or
6		organization acting in good faith, and not in a wilful and
7		wanton manner, in complying with this Section by providing a
8		report or other information to the Board, by assisting in the
9		investigation or preparation of a report or information, by
10		participating in proceedings of the Board, or by serving as a
11		member of the Board shall not, as a result of such actions, be
12		subject to criminal prosecution or civil damages.
13		(d) Indemnification. Members of the Board, the Board's
14		attorneys, the investigative staff, advanced practice nurses
15		or physicians retained under contract to assist and advise in
16		the investigation, and authorized clerical staff shall be
17		indemnified by the State for any actions (i) occurring within
18		the scope of services on the Board, (ii) performed in good
19		faith, and (iii) not wilful and wanton in nature. The Attorney
20		General shall defend all actions taken against those persons
21		unless he or she determines either that there would be a
22		conflict of interest in the representation or that the actions
23		complained of were not performed in good faith or were wilful
24		and wanton in nature. If the Attorney General declines
25		representation, the member shall have the right to employ
26		counsel of his or her choice, whose fees shall be provided by

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1		the State, after approval by the Attorney General, unless there
2		is a determination by a court that the member's actions were
3		not performed in good faith or were wilful and wanton in
4		nature. The member shall notify the Attorney General within 7
5		days of receipt of notice of the initiation of an action
6		involving services of the Board. Failure to so notify the
7		Attorney General shall constitute an absolute waiver of the
8		right to a defense and indemnification. The Attorney General
9		shall determine within 7 days after receiving the notice
10		whether he or she will undertake to represent the member.
11		(e) Deliberations of Board. Upon the receipt of a report
12		called for by this Section, other than those reports of
13		impaired persons licensed under this Article required pursuant
14		to the rules of the Board, the Board shall notify in writing by
15		certified mail the person who is the subject of the report. The
16		notification shall be made within 30 days of receipt by the
17		Board of the report. The notification shall include a written
18		notice setting forth the person's right to examine the report.
19		Included in the notification shall be the address at which the
20		file is maintained, the name of the custodian of the reports,
21		and the telephone number at which the custodian may be reached.
22		The person who is the subject of the report shall submit a
23		written statement responding to, clarifying, adding to, or
24		proposing to amend the report previously filed. The statement
25		shall become a permanent part of the file and shall be received
26		by the Board no more than 30 days after the date on which the

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1		person was notified of the existence of the original report.
2		The Board shall review all reports received by it and any
3		supporting information and responding statements submitted by
4		persons who are the subject of reports. The review by the Board
5		shall be in a timely manner but in no event shall the Board's
6		initial review of the material contained in each disciplinary
7		file be less than 61 days nor more than 180 days after the
8		receipt of the initial report by the Board. When the Board
9		makes its initial review of the materials contained within its
10		disciplinary files, the Board shall, in writing, make a
11		determination as to whether there are sufficient facts to
12		warrant further investigation or action. Failure to make that
13		determination within the time provided shall be deemed to be a
14		determination that there are not sufficient facts to warrant
15		further investigation or action. Should the Board find that
16		there are not sufficient facts to warrant further investigation
17		or action, the report shall be accepted for filing and the
18		matter shall be deemed closed and so reported. The individual
19		or entity filing the original report or complaint and the
20		person who is the subject of the report or complaint shall be
21		notified in writing by the Board of any final action on their
22		report or complaint.
23		(f) Summary Reports. The Board shall prepare, on a timely
24		basis, but in no event less than one every other month, a
25		summary report of final actions taken upon disciplinary files
26		maintained by the Board. The summary reports shall be made

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1		available to the public upon request and payment of the fees
2		set by the Department. This publication may be made available
3		to the public on the Department's Internet website.
4		(g) Any violation of this Section shall constitute a Class
5		A misdemeanor.
6		(h) If a person violates the provisions of this Section, an
7		action may be brought in the name of the People of the State of
8		Illinois, through the Attorney General of the State of
9		Illinois, for an order enjoining the violation or for an order
10		enforcing compliance with this Section. Upon filing of a
11		verified petition in court, the court may issue a temporary
12		restraining order without notice or bond and may preliminarily
13		or permanently enjoin the violation, and if it is established
14		that the person has violated or is violating the injunction,
15		the court may punish the offender for contempt of court.
16		Proceedings under this subsection shall be in addition to, and
17		not in lieu of, all other remedies and penalties provided for
18		by this Section.
19		(Source: P.A. 95-639, eff. 10-5-07.)
20		Section 595. The Nursing Home Administrators Licensing and
21		Disciplinary Act is amended by changing Section 17.1 as
22		follows:
23		(225 ILCS 70/17.1)
24		(Section scheduled to be repealed on January 1, 2018)

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1		Sec. 17.1. Reports of violations of Act or other conduct.
2		(a) The owner or licensee of a long term care facility
3		licensed under the Nursing Home Care Act who employs or
4		contracts with a licensee under this Act shall report to the
5		Department any instance of which he or she has knowledge
6		arising in connection with operations of the health care
7		institution, including the administration of any law by the
8		institution, in which a licensee under this Act has either
9		committed an act or acts which may constitute a violation of
10		this Act or unprofessional conduct related directly to patient
11		care, or which may indicate that the licensee may have a mental
12		or physical disability that may be mentally or physically
13		disabled in such a manner as to endanger patients under that
14		licensee's care. Additionally, every nursing home shall report
15		to the Department any instance when a licensee is terminated
16		for cause which would constitute a violation of this Act. The
17		Department may take disciplinary or non-disciplinary action if
18		the termination is based upon unprofessional conduct related to
19		planning, organizing, directing, or supervising the operation
20		of a nursing home as defined by this Act or other conduct by
21		the licensee that would be a violation of this Act or rules.
22		For the purposes of this subsection, "owner" does not mean
23		the owner of the real estate or physical plant who does not
24		hold management or operational control of the licensed long
25		term care facility.
26		(b) Any insurance company that offers policies of

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1		professional liability insurance to licensees, or any other
2		entity that seeks to indemnify the professional liability of a
3		licensee, shall report the settlement of any claim or adverse
4		final judgment rendered in any action that alleged negligence
5		in planning, organizing, directing, or supervising the
6		operation of a nursing home by the licensee.
7		(c) The State's Attorney of each county shall report to the
8		Department each instance in which a licensee is convicted of or
9		enters a plea of guilty or nolo contendere to any crime that is
10		a felony, or of which an essential element is dishonesty, or
11		that is directly related to the practice of the profession of
12		nursing home administration.
13		(d) Any agency, board, commission, department, or other
14		instrumentality of the government of the State of Illinois
15		shall report to the Department any instance arising in
16		connection with the operations of the agency, including the
17		administration of any law by the agency, in which a licensee
18		under this Act has either committed an act or acts which may
19		constitute a violation of this Act or unprofessional conduct
20		related directly to planning, organizing, directing or
21		supervising the operation of a nursing home, or which may
22		indicate that a licensee may have a mental or physical
23		disability that may be mentally or physically disabled in such
24		a manner as to endanger others.
25		(e) All reports required by items (19), (20), and (21) of
26		subsection (a) of Section 17 and by this Section 17.1 shall be

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1		submitted to the Department in a timely fashion. The reports
2		shall be filed in writing within 60 days after a determination
3		that a report is required under this Section. All reports shall
4		contain the following information:
5		(1) The name, address, and telephone number of the
6		person making the report.
7		(2) The name, address, and telephone number of the
8		person who is the subject of the report.
9		(3) The name and date of birth of any person or persons
10		whose treatment is a subject of the report, or other means
11		of identification if that information is not available, and
12		identification of the nursing home facility where the care
13		at issue in the report was rendered.
14		(4) A brief description of the facts which gave rise to
15		the issuance of the report, including the dates of any
16		occurrences deemed to necessitate the filing of the report.
17		(5) If court action is involved, the identity of the
18		court in which the action is filed, along with the docket
19		number and the date the action was filed.
20		(6) Any further pertinent information that the
21		reporting party deems to be an aid in evaluating the
22		report.
23		If the Department receives a written report concerning an
24		incident required to be reported under item (19), (20), or (21)
25		of subsection (a) of Section 17, then the licensee's failure to
26		report the incident to the Department within 60 days may not be

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1		the sole ground for any disciplinary action against the
2		licensee.
3		(f) Any individual or organization acting in good faith,
4		and not in a wilful and wanton manner, in complying with this
5		Section by providing any report or other information to the
6		Department, by assisting in the investigation or preparation of
7		such information, by voluntarily reporting to the Department
8		information regarding alleged errors or negligence by a
9		licensee, or by participating in proceedings of the Department,
10		shall not, as a result of such actions, be subject to criminal
11		prosecution or civil damages.
12		(g) Upon the receipt of any report required by this
13		Section, the Department shall notify in writing, by certified
14		mail, the person who is the subject of the report. The
15		notification shall be made within 30 days after the
16		Department's receipt of the report.
17		The notification shall include a written notice setting
18		forth the person's right to examine the report. The
19		notification shall also include the address at which the file
20		is maintained, the name of the custodian of the file, and the
21		telephone number at which the custodian may be reached. The
22		person who is the subject of the report shall submit a written
23		statement responding, clarifying, adding to, or proposing the
24		amending of the report previously filed. The statement shall
25		become a permanent part of the file and must be received by the
26		Department no more than 30 days after the date on which the

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1		person was notified by the Department of the existence of the
2		original report.
3		The Department shall review a report received by it,
4		together with any supporting information and responding
5		statements submitted by the person who is the subject of the
6		report. The review by the Department shall be in a timely
7		manner, but in no event shall the Department's initial review
8		of the material contained in each disciplinary file last less
9		than 61 days nor more than 180 days after the receipt of the
10		initial report by the Department.
11		When the Department makes its initial review of the
12		materials contained within its disciplinary files, the
13		Department shall, in writing, make a determination as to
14		whether there are sufficient facts to warrant further
15		investigation or action. Failure to make such a determination
16		within the time provided shall be deemed to be a determination
17		that there are not sufficient facts to warrant further
18		investigation or action. The Department shall notify the person
19		who is the subject of the report of any final action on the
20		report.
21		(h) A violation of this Section is a Class A misdemeanor.
22		(i) If any person or entity violates this Section, then an
23		action may be brought in the name of the People of the State of
24		Illinois, through the Attorney General of the State of
25		Illinois, for an order enjoining the violation or for an order
26		enforcing compliance with this Section. Upon filing of a

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1		verified petition in the court, the court may issue a temporary
2		restraining order without notice or bond and may preliminarily
3		or permanently enjoin the violation. If it is established that
4		the person or entity has violated or is violating the
5		injunction, the court may punish the offender for contempt of
6		court. Proceedings under this subsection (i) shall be in
7		addition to, and not in lieu of, all other remedies and
8		penalties provided for by this Section.
9		(Source: P.A. 96-1372, eff. 7-29-10.)
10		Section 600. The Podiatric Medical Practice Act of 1987 is
11		amended by changing Section 26 as follows:
12		(225 ILCS 100/26) (from Ch. 111, par. 4826)
13		(Section scheduled to be repealed on January 1, 2018)
14		Sec. 26. Reports relating to professional conduct and
15		capacity.
16		(A) The Board shall by rule provide for the reporting to it
17		of all instances in which a podiatric physician licensed under
18		this Act who is impaired by reason of age, drug or alcohol
19		abuse or physical or mental impairment, is under supervision
20		and, where appropriate, is in a program of rehabilitation.
21		Reports shall be strictly confidential and may be reviewed and
22		considered only by the members of the Board, or by authorized
23		staff of the Department as provided by the rules of the Board.
24		Provisions shall be made for the periodic report of the status

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1		of any such podiatric physician not less than twice annually in
2		order that the Board shall have current information upon which
3		to determine the status of any such podiatric physician. Such
4		initial and periodic reports of impaired physicians shall not
5		be considered records within the meaning of the State Records
6		Act and shall be disposed of, following a determination by the
7		Board that such reports are no longer required, in a manner and
8		at such time as the Board shall determine by rule. The filing
9		of such reports shall be construed as the filing of a report
10		for the purposes of subsection (C) of this Section. Failure to
11		file a report under this Section shall be a Class A
12		misdemeanor.
13		(A-5) The following persons and entities shall report to
14		the Department or the Board in the instances and under the
15		conditions set forth in this subsection (A-5):
16		(1) Any administrator or officer of any hospital,
17		nursing home or other health care agency or facility who
18		has knowledge of any action or condition which reasonably
19		indicates to him or her that a licensed podiatric physician
20		practicing in such hospital, nursing home or other health
21		care agency or facility is habitually intoxicated or
22		addicted to the use of habit forming drugs, or is otherwise
23		impaired, to the extent that such intoxication, addiction,
24		or impairment adversely affects such podiatric physician's
25		professional performance, or has knowledge that reasonably
26		indicates to him or her that any podiatric physician

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1		unlawfully possesses, uses, distributes or converts
2		habit-forming drugs belonging to the hospital, nursing
3		home or other health care agency or facility for such
4		podiatric physician's own use or benefit, shall promptly
5		file a written report thereof to the Department. The report
6		shall include the name of the podiatric physician, the name
7		of the patient or patients involved, if any, a brief
8		summary of the action, condition or occurrence that has
9		necessitated the report, and any other information as the
10		Department may deem necessary. The Department shall
11		provide forms on which such reports shall be filed.
12		(2) The president or chief executive officer of any
13		association or society of podiatric physicians licensed
14		under this Act, operating within this State shall report to
15		the Board when the association or society renders a final
16		determination relating to the professional competence or
17		conduct of the podiatric physician.
18		(3) Every insurance company that offers policies of
19		professional liability insurance to persons licensed under
20		this Act, or any other entity that seeks to indemnify the
21		professional liability of a podiatric physician licensed
22		under this Act, shall report to the Board the settlement of
23		any claim or cause of action, or final judgment rendered in
24		any cause of action that alleged negligence in the
25		furnishing of medical care by such licensed person when
26		such settlement or final judgement is in favor of the

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1		plaintiff.
2		(4) The State's Attorney of each county shall report to
3		the Board all instances in which a person licensed under
4		this Act is convicted or otherwise found guilty of the
5		commission of any felony.
6		(5) All agencies, boards, commissions, departments, or
7		other instrumentalities of the government of the State of
8		Illinois shall report to the Board any instance arising in
9		connection with the operations of such agency, including
10		the administration of any law by such agency, in which a
11		podiatric physician licensed under this Act has either
12		committed an act or acts that may be a violation of this
13		Act or that may constitute unprofessional conduct related
14		directly to patient care or that indicates that a podiatric
15		physician licensed under this Act may have a mental or
16		physical disability that may be mentally or physically
17		disabled in such a manner as to endanger patients under
18		that physician's care.
19		(B) All reports required by this Act shall be submitted to
20		the Board in a timely fashion. The reports shall be filed in
21		writing within 60 days after a determination that a report is
22		required under this Act. All reports shall contain the
23		following information:
24		(1) The name, address and telephone number of the
25		person making the report.
26		(2) The name, address and telephone number of the

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1		podiatric physician who is the subject of the report.
2		(3) The name or other means of identification of any
3		patient or patients whose treatment is a subject of the
4		report, provided, however, no medical records may be
5		revealed without the written consent of the patient or
6		patients.
7		(4) A brief description of the facts that gave rise to
8		the issuance of the report, including the dates of any
9		occurrences deemed to necessitate the filing of the report.
10		(5) If court action is involved, the identity of the
11		court in which the action is filed, along with the docket
12		number and date of filing of the action.
13		(6) Any further pertinent information that the
14		reporting party deems to be an aid in the evaluation of the
15		report.
16		Nothing contained in this Section shall waive or modify the
17		confidentiality of medical reports and committee reports to the
18		extent provided by law. Any information reported or disclosed
19		shall be kept for the confidential use of the Board, the
20		Board's attorneys, the investigative staff and other
21		authorized Department staff, as provided in this Act, and shall
22		be afforded the same status as is provided information
23		concerning medical studies in Part 21 of Article VIII of the
24		Code of Civil Procedure.
25		(C) Any individual or organization acting in good faith,
26		and not in a willful and wanton manner, in complying with this

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1		Act by providing any report or other information to the Board,
2		or assisting in the investigation or preparation of such
3		information, or by participating in proceedings of the Board,
4		or by serving as a member of the Board, shall not, as a result
5		of such actions, be subject to criminal prosecution or civil
6		damages.
7		(D) Members of the Board, the Board's attorneys, the
8		investigative staff, other podiatric physicians retained under
9		contract to assist and advise in the investigation, and other
10		authorized Department staff shall be indemnified by the State
11		for any actions occurring within the scope of services on the
12		Board, done in good faith and not willful and wanton in nature.
13		The Attorney General shall defend all such actions unless he or
14		she determines either that he or she would have a conflict of
15		interest in such representation or that the actions complained
16		of were not in good faith or were willful and wanton.
17		Should the Attorney General decline representation, the
18		member shall have the right to employ counsel of his or her
19		choice, whose fees shall be provided by the State, after
20		approval by the Attorney General, unless there is a
21		determination by a court that the member's actions were not in
22		good faith or were wilful and wanton. The member must notify
23		the Attorney General within 7 days of receipt of notice of the
24		initiation of any action involving services of the Board.
25		Failure to so notify the Attorney General shall constitute an
26		absolute waiver of the right to a defense and indemnification.

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1		The Attorney General shall determine within 7 days after
2		receiving such notice, whether he or she will undertake to
3		represent the member.
4		(E) Upon the receipt of any report called for by this Act,
5		other than those reports of impaired persons licensed under
6		this Act required pursuant to the rules of the Board, the Board
7		shall notify in writing, by certified mail, the podiatric
8		physician who is the subject of the report. Such notification
9		shall be made within 30 days of receipt by the Board of the
10		report.
11		The notification shall include a written notice setting
12		forth the podiatric physician's right to examine the report.
13		Included in such notification shall be the address at which the
14		file is maintained, the name of the custodian of the reports,
15		and the telephone number at which the custodian may be reached.
16		The podiatric physician who is the subject of the report shall
17		be permitted to submit a written statement responding,
18		clarifying, adding to, or proposing the amending of the report
19		previously filed. The statement shall become a permanent part
20		of the file and must be received by the Board no more than 30
21		days after the date on which the podiatric physician was
22		notified of the existence of the original report.
23		The Board shall review all reports received by it, together
24		with any supporting information and responding statements
25		submitted by persons who are the subject of reports. The review
26		by the Board shall be in a timely manner but in no event shall

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1		the Board's initial review of the material contained in each
2		disciplinary file be less than 61 days nor more than 180 days
3		after the receipt of the initial report by the Board.
4		When the Board makes its initial review of the materials
5		contained within its disciplinary files the Board shall, in
6		writing, make a determination as to whether there are
7		sufficient facts to warrant further investigation or action.
8		Failure to make such determination within the time provided
9		shall be deemed to be a determination that there are not
10		sufficient facts to warrant further investigation or action.
11		Should the Board find that there are not sufficient facts
12		to warrant further investigation, or action, the report shall
13		be accepted for filing and the matter shall be deemed closed
14		and so reported.
15		The individual or entity filing the original report or
16		complaint and the podiatric physician who is the subject of the
17		report or complaint shall be notified in writing by the Board
18		of any final action on their report or complaint.
19		(F) The Board shall prepare on a timely basis, but in no
20		event less than once every other month, a summary report of
21		final disciplinary actions taken upon disciplinary files
22		maintained by the Board. The summary reports shall be made
23		available on the Department's web site.
24		(G) Any violation of this Section shall be a Class A
25		misdemeanor.
26		(H) If any such podiatric physician violates the provisions

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1		of this Section, an action may be brought in the name of the
2		People of the State of Illinois, through the Attorney General
3		of the State of Illinois, for an order enjoining such violation
4		or for an order enforcing compliance with this Section. Upon
5		filing of a verified petition in such court, the court may
6		issue a temporary restraining order without notice or bond and
7		may preliminarily or permanently enjoin such violation, and if
8		it is established that such podiatric physician has violated or
9		is violating the injunction, the Court may punish the offender
10		for contempt of court. Proceedings under this paragraph shall
11		be in addition to, and not in lieu of, all other remedies and
12		penalties provided for by this Section.
13		(Source: P.A. 95-235, eff. 8-17-07.)
14		Section 605. The Illinois Explosives Act is amended by
15		changing Section 2005 as follows:
16		(225 ILCS 210/2005) (from Ch. 96 1/2, par. 1-2005)
17		Sec. 2005. Qualifications for licensure.
18		(a) No person shall qualify to hold a license who:
19		(1) is under 21 years of age;
20		(2) has been convicted in any court of a crime
21		punishable by imprisonment for a term exceeding one year;
22		(3) is under indictment for a crime punishable by
23		imprisonment for a term exceeding one year;
24		(4) is a fugitive from justice;

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1		(5) is an unlawful user of or addicted to any
2		controlled substance as defined in Section 102 of the
3		federal Controlled Substances Act (21 U.S.C. Sec. 802 et
4		seq.);
5		(6) has been adjudicated a person with a mental
6		disability mentally disabled person as defined in Section
7		1.1 of the Firearm Owners Identification Card Act; or
8		(7) is not a legal citizen of the United States.
9		(b) A person who has been granted a "relief from
10		disabilities" regarding criminal convictions and indictments,
11		pursuant to the federal Safe Explosives Act (18 U.S.C. Sec.
12		845) may receive a license provided all other qualifications
13		under this Act are met.
14		(Source: P.A. 98-63, eff. 7-9-13.)
15		Section 610. The Barber, Cosmetology, Esthetics, Hair
16		Braiding, and Nail Technology Act of 1985 is amended by
17		changing Section 3B-15 as follows:
18		(225 ILCS 410/3B-15)
19		(Section scheduled to be repealed on January 1, 2016)
20		Sec. 3B-15. Grounds for disciplinary action. In addition to
21		any other cause herein set forth the Department may refuse to
22		issue or renew and may suspend, place on probation, or revoke
23		any license to operate a school, or take any other disciplinary
24		or non-disciplinary action that the Department may deem proper,

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1		including the imposition of fines not to exceed $5,000 for each
2		violation, for any one or any combination of the following
3		causes:
4		(1) Repeated violation of any provision of this Act or
5		any standard or rule established under this Act.
6		(2) Knowingly furnishing false, misleading, or
7		incomplete information to the Department or failure to
8		furnish information requested by the Department.
9		(3) Violation of any commitment made in an application
10		for a license, including failure to maintain standards that
11		are the same as, or substantially equivalent to, those
12		represented in the school's applications and advertising.
13		(4) Presenting to prospective students information
14		relating to the school, or to employment opportunities or
15		opportunities for enrollment in institutions of higher
16		learning after entering into or completing courses offered
17		by the school, that is false, misleading, or fraudulent.
18		(5) Failure to provide premises or equipment or to
19		maintain them in a safe and sanitary condition as required
20		by law.
21		(6) Failure to maintain financial resources adequate
22		for the satisfactory conduct of the courses of instruction
23		offered or to retain a sufficient and qualified
24		instructional and administrative staff.
25		(7) Refusal to admit applicants on account of race,
26		color, creed, sex, physical or mental disability handicap

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1		unrelated to ability, religion, or national origin.
2		(8) Paying a commission or valuable consideration to
3		any person for acts or services performed in violation of
4		this Act.
5		(9) Attempting to confer a fraudulent degree, diploma,
6		or certificate upon a student.
7		(10) Failure to correct any deficiency or act of
8		noncompliance under this Act or the standards and rules
9		established under this Act within reasonable time limits
10		set by the Department.
11		(11) Conduct of business or instructional services
12		other than at locations approved by the Department.
13		(12) Failure to make all of the disclosures or making
14		inaccurate disclosures to the Department or in the
15		enrollment agreement as required under this Act.
16		(13) Failure to make appropriate refunds as required by
17		this Act.
18		(14) Denial, loss, or withdrawal of accreditation by
19		any accrediting agency.
20		(15) During any calendar year, having a failure rate of
21		25% or greater for those of its students who for the first
22		time take the examination authorized by the Department to
23		determine fitness to receive a license as a barber, barber
24		teacher, cosmetologist, cosmetology teacher, esthetician,
25		esthetician teacher, hair braider, hair braiding teacher,
26		nail technician, or nail technology teacher, provided that

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1		a student who transfers into the school having completed
2		50% or more of the required program and who takes the
3		examination during that calendar year shall not be counted
4		for purposes of determining the school's failure rate on an
5		examination, without regard to whether that transfer
6		student passes or fails the examination.
7		(16) Failure to maintain a written record indicating
8		the funds received per student and funds paid out per
9		student. Such records shall be maintained for a minimum of
10		7 years and shall be made available to the Department upon
11		request. Such records shall identify the funding source and
12		amount for any student who has enrolled as well as any
13		other item set forth by rule.
14		(17) Failure to maintain a copy of the student record
15		as defined by rule.
16		(Source: P.A. 98-911, eff. 1-1-15.)
17		Section 615. The Real Estate License Act of 2000 is amended
18		by changing Section 25-40 as follows:
19		(225 ILCS 454/25-40)
20		(Section scheduled to be repealed on January 1, 2020)
21		Sec. 25-40. Exclusive State powers and functions;
22		municipal powers. It is declared to be the public policy of
23		this State, pursuant to paragraphs (h) and (i) of Section 6 of
24		Article VII of the Illinois Constitution of 1970, that any

HB4049 Engrossed - 1142 - LRB099 03667 KTG 23678 b
1		power or function set forth in this Act to be exercised by the
2		State is an exclusive State power or function. Such power or
3		function shall not be exercised concurrently, either directly
4		or indirectly, by any unit of local government, including home
5		rule units, except as otherwise provided in this Act. Nothing
6		in this Section shall be construed to affect or impair the
7		validity of Section 11-11.1-1 of the Illinois Municipal Code,
8		as amended, or to deny to the corporate authorities of any
9		municipality the powers granted in the Illinois Municipal Code
10		to enact ordinances prescribing fair housing practices;
11		defining unfair housing practices; establishing Fair Housing
12		or Human Relations Commissions and standards for the operation
13		of these commissions in the administration and enforcement of
14		such ordinances; prohibiting discrimination based on race,
15		color, creed, ancestry, national origin or physical or mental
16		disability handicap in the listing, sale, assignment,
17		exchange, transfer, lease, rental, or financing of real
18		property for the purpose of the residential occupancy thereof;
19		and prescribing penalties for violations of such ordinances.
20		(Source: P.A. 91-245, eff. 12-31-99.)
21		Section 620. The Solicitation for Charity Act is amended by
22		changing Sections 1 and 11 as follows:
23		(225 ILCS 460/1) (from Ch. 23, par. 5101)
24		Sec. 1. The following words and phrases as used in this Act

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1		shall have the following meanings unless a different meaning is
2		required by the context.
3		(a) "Charitable organization" means any benevolent,
4		philanthropic, patriotic, or eleemosynary person or one
5		purporting to be such which solicits and collects funds for
6		charitable purposes and includes each local, county, or area
7		division within this State of such charitable organization,
8		provided such local, county or area division has authority and
9		discretion to disburse funds or property otherwise than by
10		transfer to any parent organization.
11		(b) "Contribution" means the promise or grant of any money
12		or property of any kind or value, including the promise to pay,
13		except payments by union members of an organization. Reference
14		to the dollar amount of "contributions" in this Act means in
15		the case of promises to pay, or payments for merchandise or
16		rights of any other description, the value of the total amount
17		promised to be paid or paid for such merchandise or rights and
18		not merely that portion of the purchase price to be applied to
19		a charitable purpose. Contribution shall not include the
20		proceeds from the sale of admission tickets by any
21		not-for-profit music or dramatic arts organization which
22		establishes, by such proof as the Attorney General may require,
23		that it has received an exemption under Section 501(c)(3) of
24		the Internal Revenue Code and which is organized and operated
25		for the presentation of live public performances of musical or
26		theatrical works on a regular basis. For purposes of this

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1		subsection, union member dues and donated services shall not be
2		deemed contributions.
3		(c) "Person" means any individual, organization, group,
4		association, partnership, corporation, trust or any
5		combination of them.
6		(d) "Professional fund raiser" means any person who for
7		compensation or other consideration, conducts, manages, or
8		carries on any solicitation or fund raising drive or campaign
9		in this State or from this State or on behalf of a charitable
10		organization residing within this State for the purpose of
11		soliciting, receiving, or collecting contributions for or on
12		behalf of any charitable organization or any other person, or
13		who engages in the business of, or holds himself out to persons
14		in this State as independently engaged in the business of
15		soliciting, receiving, or collecting contributions for such
16		purposes. A bona fide director, officer, employee or unpaid
17		volunteer of a charitable organization shall not be deemed a
18		professional fund raiser unless the person is in a management
19		position and the majority of the individual's salary or other
20		compensation is computed on a percentage basis of funds to be
21		raised, or actually raised.
22		(e) "Professional fund raising consultant" means any
23		person who is retained by a charitable organization or trustee
24		for a fixed fee or rate that is not computed on a percentage of
25		funds to be raised, or actually raised, under a written
26		agreement, to only plan, advise, consult, or prepare materials

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1		for a solicitation of contributions in this State, but who does
2		not manage, conduct or carry on a fundraising campaign and who
3		does not solicit contributions or employ, procure, or engage
4		any compensated person to solicit contributions and who does
5		not at any time have custody or control of contributions. A
6		volunteer, employee or salaried officer of a charitable
7		organization or trustee maintaining a permanent establishment
8		or office in this State is not a professional fundraising
9		consultant. An attorney, investment counselor, or banker who
10		advises an individual, corporation or association to make a
11		charitable contribution is not a professional fundraising
12		consultant as a result of the advice.
13		(f) "Charitable purpose" means any charitable, benevolent,
14		philanthropic, patriotic, or eleemosynary purpose.
15		(g) "Charitable Trust" means any relationship whereby
16		property is held by a person for a charitable purpose.
17		(h) "Education Program Service" means any activity which
18		provides information to the public of a nature that is not
19		commonly known or facts which are not universally regarded as
20		obvious or as established by common understanding and which
21		informs the public of what it can or should do about a
22		particular issue.
23		(i) "Primary Program Service" means the program service
24		upon which an organization spends more than 50% of its program
25		service funds or the program activity which represents the
26		largest expenditure of funds in the fiscal period.

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1		(j) "Professional solicitor" means any natural person who
2		is employed or retained for compensation by a professional fund
3		raiser to solicit, receive, or collect contributions for
4		charitable purposes from persons in this State or from this
5		State or on behalf of a charitable organization residing within
6		this State.
7		(k) "Program Service Activity" means the actual charitable
8		program activities of a charitable organization for which it
9		expends its resources.
10		(l) "Program Service Expense" means the expenses of
11		charitable program activity and not management expenses or fund
12		raising expenses. In determining Program Service Expense,
13		management and fund raising expenses may not be included.
14		(m) "Public Safety Personnel Organization" means any
15		person who uses any of the words "officer", "police",
16		"policeman", "policemen", "troopers", "sheriff", "law
17		enforcement", "fireman", "firemen", "paramedic", or similar
18		words in its name or in conjunction with solicitations, or in
19		the title or name of a magazine, newspaper, periodical,
20		advertisement book, or any other medium of electronic or print
21		publication, and is not a governmental entity. No organization
22		may be a Public Safety Personnel Organization unless 80% or
23		more of its voting members or trustees are active or , retired
24		police officers, police officers with disabilities , or
25		disabled police officers, peace officers, firemen, fire
26		fighters, emergency medical technicians - ambulance, emergency

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1		medical technicians - intermediate, emergency medical
2		technicians - paramedic, ambulance drivers, or other medical
3		assistance or first aid personnel.
4		(m-5) "Public Safety Personnel" includes police officers,
5		peace officers, firemen, fire fighters, emergency medical
6		technicians - ambulance, emergency medical technicians -
7		intermediate, emergency medical technicians - paramedic,
8		ambulance drivers, and other medical assistance or first aid
9		personnel.
10		(n) "Trustee" means any person, individual, group of
11		individuals, association, corporation, not for profit
12		corporation, or other legal entity holding property for or
13		solicited for any charitable purpose; or any officer, director,
14		executive director or other controlling persons of a
15		corporation soliciting or holding property for a charitable
16		purpose.
17		(Source: P.A. 94-749, eff. 1-1-07.)
18		(225 ILCS 460/11) (from Ch. 23, par. 5111)
19		Sec. 11. (a) No person shall for the purpose of soliciting
20		contributions from persons in this State, use the name of any
21		other person, except that of an officer, director or trustee of
22		the charitable organization by or for which contributions are
23		solicited, without the written consent of such other persons.
24		(b) A person shall be deemed to have used the name of
25		another person for the purpose of soliciting contributions if

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1		such latter person's name is listed on any stationery,
2		advertisement, brochure or correspondence in or by which a
3		contribution is solicited by or on behalf of a charitable
4		organization or his name is listed or referred to in connection
5		with a request for a contribution as one who has contributed
6		to, sponsored or endorsed the charitable organization or its
7		activities.
8		(c) Nothing contained in this Section shall prevent the
9		publication of names of contributors without their written
10		consents, in an annual or other periodic report issued by a
11		charitable organization for the purpose of reporting on its
12		operations and affairs to its membership or for the purpose of
13		reporting contributions to contributors.
14		(d) No charitable organization or professional fund raiser
15		soliciting contributions shall use a name, symbol, or statement
16		so closely related or similar to that used by another
17		charitable organization or governmental agency that the use
18		thereof would tend to confuse or mislead the public.
19		(d-1) No Public Safety Personnel Organization may by words
20		in its name or in its solicitations claim to be representing,
21		acting on behalf of, assisting, or affiliated with the public
22		safety personnel of a particular municipal, regional, or other
23		geographical area, unless: (1) 80% or more of the
24		organization's voting members and trustees are persons who are
25		actively employed or retired or disabled from employment within
26		the particular municipal, regional, or other geographical area

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1		stated in the name or solicitation; (2) all of these members
2		are vested with the right to vote in the election of the
3		managing or controlling officers of the organization either
4		directly or through delegates; and (3) the organization
5		includes in any solicitation the actual number of active or ,
6		retired police officers, or police officers with disabilities ,
7		or disabled police officers, peace officers, firemen, fire
8		fighters, emergency medical technicians - ambulance, emergency
9		medical technicians - intermediate, emergency medical
10		technicians - paramedic, ambulance drivers, or other medical
11		assistance or first aid personnel who are members of the
12		organization who are actively employed, retired, or disabled
13		from employment within the particular municipal, regional, or
14		other geographical area referenced in the solicitation.
15		(d-2) No person or organization may have a name or use a
16		name using the words "officer", "police", "policeman",
17		"policemen", "trooper", "sheriff", "law enforcement officer",
18		"deputy", "chief of police", or similar words therein unless
19		80% or more of its trustees and voting members are active or ,
20		retired law enforcement personnel or law enforcement personnel
21		with disabilities , or disabled law enforcement personnel.
22		(d-3) No person or organization may have a name or use a
23		name using the words "fireman", "firemen", "fire fighter",
24		"fire chief", "paramedic", or similar words therein unless 80%
25		or more of its trustees and voting members are active or ,
26		retired fire fighters or fire fighters with disabilities or

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1		disabled fire fighters, firemen, emergency medical technicians -
2		ambulance, emergency medical technicians - intermediate,
3		emergency medical technicians - paramedic, ambulance drivers,
4		or other medical assistance or first aid personnel.
5		(d-4) No person by words in a Public Safety Personnel
6		Organization name or in solicitations made therefor shall state
7		he or she or his or her organization is assisting or affiliated
8		with a local, municipal, regional, or other governmental body
9		or geographical area unless 80% of its trustees and voting
10		members are active or , retired police officers or police
11		officers with disabilities , or disabled police officers, law
12		enforcement officials, firemen, fire fighters, emergency
13		medical technicians - ambulance, emergency medical technicians -
14		intermediate, emergency medical technicians - paramedic,
15		ambulance drivers, or other medical assistance or first aid
16		personnel of the local, municipal, regional, or other
17		geographical area so named or stated. Nothing in this Act shall
18		prohibit a Public Safety Personnel Organization from stating
19		the actual number of members it has in any geographical area.
20		(e) Any person or organization that willfully violates the
21		provisions of this Section is guilty of a Class A misdemeanor.
22		Any person or organization that willfully violates the
23		provisions of this Section may in addition to other remedies be
24		subject to a fine of $2,000 for each violation, shall be
25		subject to forfeiture of all solicitation fees, and shall be
26		enjoined from operating as a fund raiser and soliciting the

HB4049 Engrossed - 1151 - LRB099 03667 KTG 23678 b
1		public for fundraising purposes.
2		(Source: P.A. 91-301, eff. 7-29-99.)
3		Section 625. The Illinois Horse Racing Act of 1975 is
4		amended by changing Section 28 as follows:
5		(230 ILCS 5/28) (from Ch. 8, par. 37-28)
6		Sec. 28. Except as provided in subsection (g) of Section 27
7		of this Act, moneys collected shall be distributed according to
8		the provisions of this Section 28.
9		(a) Thirty per cent of the total of all monies received by
10		the State as privilege taxes shall be paid into the
11		Metropolitan Exposition Auditorium and Office Building Fund in
12		the State Treasury.
13		(b) In addition, 4.5% of the total of all monies received
14		by the State as privilege taxes shall be paid into the State
15		treasury into a special Fund to be known as the Metropolitan
16		Exposition, Auditorium, and Office Building Fund.
17		(c) Fifty per cent of the total of all monies received by
18		the State as privilege taxes under the provisions of this Act
19		shall be paid into the Agricultural Premium Fund.
20		(d) Seven per cent of the total of all monies received by
21		the State as privilege taxes shall be paid into the Fair and
22		Exposition Fund in the State treasury; provided, however, that
23		when all bonds issued prior to July 1, 1984 by the Metropolitan
24		Fair and Exposition Authority shall have been paid or payment

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1		shall have been provided for upon a refunding of those bonds,
2		thereafter 1/12 of $1,665,662 of such monies shall be paid each
3		month into the Build Illinois Fund, and the remainder into the
4		Fair and Exposition Fund. All excess monies shall be allocated
5		to the Department of Agriculture for distribution to county
6		fairs for premiums and rehabilitation as set forth in the
7		Agricultural Fair Act.
8		(e) The monies provided for in Section 30 shall be paid
9		into the Illinois Thoroughbred Breeders Fund.
10		(f) The monies provided for in Section 31 shall be paid
11		into the Illinois Standardbred Breeders Fund.
12		(g) Until January 1, 2000, that part representing 1/2 of
13		the total breakage in Thoroughbred, Harness, Appaloosa,
14		Arabian, and Quarter Horse racing in the State shall be paid
15		into the Illinois Race Track Improvement Fund as established in
16		Section 32.
17		(h) All other monies received by the Board under this Act
18		shall be paid into the Horse Racing Fund.
19		(i) The salaries of the Board members, secretary, stewards,
20		directors of mutuels, veterinarians, representatives,
21		accountants, clerks, stenographers, inspectors and other
22		employees of the Board, and all expenses of the Board incident
23		to the administration of this Act, including, but not limited
24		to, all expenses and salaries incident to the taking of saliva
25		and urine samples in accordance with the rules and regulations
26		of the Board shall be paid out of the Agricultural Premium

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1		Fund.
2		(j) The Agricultural Premium Fund shall also be used:
3		(1) for the expenses of operating the Illinois State
4		Fair and the DuQuoin State Fair, including the payment of
5		prize money or premiums;
6		(2) for the distribution to county fairs, vocational
7		agriculture section fairs, agricultural societies, and
8		agricultural extension clubs in accordance with the
9		Agricultural Fair Act, as amended;
10		(3) for payment of prize monies and premiums awarded
11		and for expenses incurred in connection with the
12		International Livestock Exposition and the Mid-Continent
13		Livestock Exposition held in Illinois, which premiums, and
14		awards must be approved, and paid by the Illinois
15		Department of Agriculture;
16		(4) for personal service of county agricultural
17		advisors and county home advisors;
18		(5) for distribution to agricultural home economic
19		extension councils in accordance with "An Act in relation
20		to additional support and finance for the Agricultural and
21		Home Economic Extension Councils in the several counties in
22		this State and making an appropriation therefor", approved
23		July 24, 1967, as amended;
24		(6) for research on equine disease, including a
25		development center therefor;
26		(7) for training scholarships for study on equine

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1		diseases to students at the University of Illinois College
2		of Veterinary Medicine;
3		(8) for the rehabilitation, repair and maintenance of
4		the Illinois and DuQuoin State Fair Grounds and the
5		structures and facilities thereon and the construction of
6		permanent improvements on such Fair Grounds, including
7		such structures, facilities and property located on such
8		State Fair Grounds which are under the custody and control
9		of the Department of Agriculture;
10		(9) for the expenses of the Department of Agriculture
11		under Section 5-530 of the Departments of State Government
12		Law (20 ILCS 5/5-530);
13		(10) for the expenses of the Department of Commerce and
14		Economic Opportunity under Sections 605-620, 605-625, and
15		605-630 of the Department of Commerce and Economic
16		Opportunity Law (20 ILCS 605/605-620, 605/605-625, and
17		605/605-630);
18		(11) for remodeling, expanding, and reconstructing
19		facilities destroyed by fire of any Fair and Exposition
20		Authority in counties with a population of 1,000,000 or
21		more inhabitants;
22		(12) for the purpose of assisting in the care and
23		general rehabilitation of veterans with disabilities
24		disabled veterans of any war and their surviving spouses
25		and orphans;
26		(13) for expenses of the Department of State Police for

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1		duties performed under this Act;
2		(14) for the Department of Agriculture for soil surveys
3		and soil and water conservation purposes;
4		(15) for the Department of Agriculture for grants to
5		the City of Chicago for conducting the Chicagofest;
6		(16) for the State Comptroller for grants and operating
7		expenses authorized by the Illinois Global Partnership
8		Act.
9		(k) To the extent that monies paid by the Board to the
10		Agricultural Premium Fund are in the opinion of the Governor in
11		excess of the amount necessary for the purposes herein stated,
12		the Governor shall notify the Comptroller and the State
13		Treasurer of such fact, who, upon receipt of such notification,
14		shall transfer such excess monies from the Agricultural Premium
15		Fund to the General Revenue Fund.
16		(Source: P.A. 97-1060, eff. 8-24-12.)
17		Section 630. The Riverboat Gambling Act is amended by
18		changing Section 6 as follows:
19		(230 ILCS 10/6) (from Ch. 120, par. 2406)
20		Sec. 6. Application for Owners License.
21		(a) A qualified person may apply to the Board for an owners
22		license to conduct a riverboat gambling operation as provided
23		in this Act. The application shall be made on forms provided by
24		the Board and shall contain such information as the Board

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1		prescribes, including but not limited to the identity of the
2		riverboat on which such gambling operation is to be conducted
3		and the exact location where such riverboat will be docked, a
4		certification that the riverboat will be registered under this
5		Act at all times during which gambling operations are conducted
6		on board, detailed information regarding the ownership and
7		management of the applicant, and detailed personal information
8		regarding the applicant. Any application for an owners license
9		to be re-issued on or after June 1, 2003 shall also include the
10		applicant's license bid in a form prescribed by the Board.
11		Information provided on the application shall be used as a
12		basis for a thorough background investigation which the Board
13		shall conduct with respect to each applicant. An incomplete
14		application shall be cause for denial of a license by the
15		Board.
16		(b) Applicants shall submit with their application all
17		documents, resolutions, and letters of support from the
18		governing body that represents the municipality or county
19		wherein the licensee will dock.
20		(c) Each applicant shall disclose the identity of every
21		person, association, trust or corporation having a greater than
22		1% direct or indirect pecuniary interest in the riverboat
23		gambling operation with respect to which the license is sought.
24		If the disclosed entity is a trust, the application shall
25		disclose the names and addresses of the beneficiaries; if a
26		corporation, the names and addresses of all stockholders and

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1		directors; if a partnership, the names and addresses of all
2		partners, both general and limited.
3		(d) An application shall be filed and considered in
4		accordance with the rules of the Board. An application fee of
5		$50,000 shall be paid at the time of filing to defray the costs
6		associated with the background investigation conducted by the
7		Board. If the costs of the investigation exceed $50,000, the
8		applicant shall pay the additional amount to the Board. If the
9		costs of the investigation are less than $50,000, the applicant
10		shall receive a refund of the remaining amount. All
11		information, records, interviews, reports, statements,
12		memoranda or other data supplied to or used by the Board in the
13		course of its review or investigation of an application for a
14		license or a renewal under this Act shall be privileged,
15		strictly confidential and shall be used only for the purpose of
16		evaluating an applicant for a license or a renewal. Such
17		information, records, interviews, reports, statements,
18		memoranda or other data shall not be admissible as evidence,
19		nor discoverable in any action of any kind in any court or
20		before any tribunal, board, agency or person, except for any
21		action deemed necessary by the Board.
22		(e) The Board shall charge each applicant a fee set by the
23		Department of State Police to defray the costs associated with
24		the search and classification of fingerprints obtained by the
25		Board with respect to the applicant's application. These fees
26		shall be paid into the State Police Services Fund.

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1		(f) The licensed owner shall be the person primarily
2		responsible for the boat itself. Only one riverboat gambling
3		operation may be authorized by the Board on any riverboat. The
4		applicant must identify each riverboat it intends to use and
5		certify that the riverboat: (1) has the authorized capacity
6		required in this Act; (2) is accessible to persons with
7		disabilities disabled persons; and (3) is fully registered and
8		licensed in accordance with any applicable laws.
9		(g) A person who knowingly makes a false statement on an
10		application is guilty of a Class A misdemeanor.
11		(Source: P.A. 96-1392, eff. 1-1-11.)
12		Section 635. The Bingo License and Tax Act is amended by
13		changing Section 1.3 as follows:
14		(230 ILCS 25/1.3)
15		Sec. 1.3. Restrictions on licensure. Licensing for the
16		conducting of bingo is subject to the following restrictions:
17		(1) The license application, when submitted to the
18		Department, must contain a sworn statement attesting to the
19		not-for-profit character of the prospective licensee
20		organization, signed by a person listed on the application
21		as an owner, officer, or other person in charge of the
22		necessary day-to-day operations of that organization.
23		(2) The license application shall be prepared in
24		accordance with the rules of the Department.

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1		(3) The licensee shall prominently display the license
2		in the area where the licensee conducts bingo. The licensee
3		shall likewise display, in the form and manner as
4		prescribed by the Department, the provisions of Section 8
5		of this Act.
6		(4) Each license shall state the day of the week, hours
7		and at which location the licensee is permitted to conduct
8		bingo games.
9		(5) A license is not assignable or transferable.
10		(6) A license authorizes the licensee to conduct the
11		game commonly known as bingo, in which prizes are awarded
12		on the basis of designated numbers or symbols on a card
13		conforming to numbers or symbols selected at random.
14		(7) The Department may, on special application made by
15		any organization having a bingo license, issue a special
16		permit for conducting bingo at other premises and on other
17		days not exceeding 5 consecutive days, except that a
18		licensee may conduct bingo at the Illinois State Fair or
19		any county fair held in Illinois during each day that the
20		fair is held, without a fee. Bingo games conducted at the
21		Illinois State Fair or a county fair shall not require a
22		special permit. No more than 2 special permits may be
23		issued in one year to any one organization.
24		(8) Any organization qualified for a license but not
25		holding one may, upon application and payment of a
26		nonrefundable fee of $50, receive a limited license to

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1		conduct bingo games at no more than 2 indoor or outdoor
2		festivals in a year for a maximum of 5 consecutive days on
3		each occasion. No more than 2 limited licenses under this
4		item (7) may be issued to any organization in any year. A
5		limited license must be prominently displayed at the site
6		where the bingo games are conducted.
7		(9) Senior citizens organizations and units of local
8		government may conduct bingo without a license or fee,
9		subject to the following conditions:
10		(A) bingo shall be conducted only (i) at a facility
11		that is owned by a unit of local government to which
12		the corporate authorities have given their approval
13		and that is used to provide social services or a
14		meeting place to senior citizens, (ii) in common areas
15		in multi-unit federally assisted rental housing
16		maintained solely for elderly persons and persons with
17		disabilities the elderly and handicapped, or (iii) at a
18		building owned by a church or veterans organization;
19		(B) the price paid for a single card shall not
20		exceed 50 cents;
21		(C) the aggregate retail value of all prizes or
22		merchandise awarded in any one game of bingo shall not
23		exceed $10;
24		(D) no person or organization shall participate in
25		the management or operation of bingo under this item
26		(9) if the person or organization would be ineligible

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1		for a license under this Section; and
2		(E) no license is required to provide premises for
3		bingo conducted under this item (9).
4		(10) Bingo equipment shall not be used for any purpose
5		other than for the play of bingo.
6		(Source: P.A. 96-210, eff. 8-10-09; 96-1055, eff. 7-14-10;
7		96-1150, eff. 7-21-10; 97-333, eff. 8-12-11.)
8		Section 640. The Illinois Public Aid Code is amended by
9		changing Sections 4-1.1, 4-1.6, 4-2, 4-3a, 5-1, 5-1.1, 5-2,
10		5-4, 5-5.4f, 5-5.17, 5-5a, and 5-13 and the heading of Article
11		V-C and Sections 5C-1, 5C-2, 5C-3, 5C-4, 5C-5, 5C-6, 5C-7,
12		5C-8, 5C-10, 6-1.2, 6-2, 6-11, 11-20, 12-4.42, and 12-5 as
13		follows:
14		(305 ILCS 5/4-1.1) (from Ch. 23, par. 4-1.1)
15		Sec. 4-1.1. Child age eligibility.
16		(a) Every assistance unit must include a child, except as
17		provided in subsections (b) and (c). The child or children must
18		have already been born and be under age 18, or, if age 18, must
19		be a full-time student in a secondary school or the equivalent
20		level of vocational or technical training.
21		(b) Grants shall be provided for assistance units
22		consisting exclusively of a pregnant woman with no dependent
23		child, and may include her husband if living with her, if the
24		pregnancy has been determined by medical diagnosis.

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1		(c) Grants may be provided for assistance units consisting
2		of only adults if all the children living with those adults are
3		children with disabilities disabled and receive Supplemental
4		Security Income.
5		(Source: P.A. 92-111, eff. 1-1-02.)
6		(305 ILCS 5/4-1.6) (from Ch. 23, par. 4-1.6)
7		Sec. 4-1.6. Need. Income available to the family as defined
8		by the Illinois Department by rule, or to the child in the case
9		of a child removed from his or her home, when added to
10		contributions in money, substance or services from other
11		sources, including income available from parents absent from
12		the home or from a stepparent, contributions made for the
13		benefit of the parent or other persons necessary to provide
14		care and supervision to the child, and contributions from
15		legally responsible relatives, must be equal to or less than
16		the grant amount established by Department regulation for such
17		a person. For purposes of eligibility for aid under this
18		Article, the Department shall (a) disregard all earned income
19		between the grant amount and 50% of the Federal Poverty Level
20		and (b) disregard the value of all assets held by the family.
21		In considering income to be taken into account,
22		consideration shall be given to any expenses reasonably
23		attributable to the earning of such income. Three-fourths of
24		the earned income of a household eligible for aid under this
25		Article shall be disregarded when determining the level of

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1		assistance for which a household is eligible. The Illinois
2		Department may also permit all or any portion of earned or
3		other income to be set aside for the future identifiable needs
4		of a child. The Illinois Department may provide by rule and
5		regulation for the exemptions thus permitted or required. The
6		eligibility of any applicant for or recipient of public aid
7		under this Article is not affected by the payment of any grant
8		under the "Senior Citizens and Persons with Disabilities
9		Disabled Persons Property Tax Relief Act" or any distributions
10		or items of income described under subparagraph (X) of
11		paragraph (2) of subsection (a) of Section 203 of the Illinois
12		Income Tax Act.
13		The Illinois Department may, by rule, set forth criteria
14		under which an assistance unit is ineligible for cash
15		assistance under this Article for a specified number of months
16		due to the receipt of a lump sum payment.
17		(Source: P.A. 97-689, eff. 6-14-12; 98-114, eff. 7-29-13.)
18		(305 ILCS 5/4-2) (from Ch. 23, par. 4-2)
19		Sec. 4-2. Amount of aid.
20		(a) The amount and nature of financial aid shall be
21		determined in accordance with the grant amounts, rules and
22		regulations of the Illinois Department. Due regard shall be
23		given to the self-sufficiency requirements of the family and to
24		the income, money contributions and other support and resources
25		available, from whatever source. However, the amount and nature

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1		of any financial aid is not affected by the payment of any
2		grant under the "Senior Citizens and Persons with Disabilities
3		Disabled Persons Property Tax Relief Act" or any distributions
4		or items of income described under subparagraph (X) of
5		paragraph (2) of subsection (a) of Section 203 of the Illinois
6		Income Tax Act. The aid shall be sufficient, when added to all
7		other income, money contributions and support to provide the
8		family with a grant in the amount established by Department
9		regulation.
10		Subject to appropriation, beginning on July 1, 2008, the
11		Department of Human Services shall increase TANF grant amounts
12		in effect on June 30, 2008 by 15%. The Department is authorized
13		to administer this increase but may not otherwise adopt any
14		rule to implement this increase.
15		(b) The Illinois Department may conduct special projects,
16		which may be known as Grant Diversion Projects, under which
17		recipients of financial aid under this Article are placed in
18		jobs and their grants are diverted to the employer who in turn
19		makes payments to the recipients in the form of salary or other
20		employment benefits. The Illinois Department shall by rule
21		specify the terms and conditions of such Grant Diversion
22		Projects. Such projects shall take into consideration and be
23		coordinated with the programs administered under the Illinois
24		Emergency Employment Development Act.
25		(c) The amount and nature of the financial aid for a child
26		requiring care outside his own home shall be determined in

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1		accordance with the rules and regulations of the Illinois
2		Department, with due regard to the needs and requirements of
3		the child in the foster home or institution in which he has
4		been placed.
5		(d) If the Department establishes grants for family units
6		consisting exclusively of a pregnant woman with no dependent
7		child or including her husband if living with her, the grant
8		amount for such a unit shall be equal to the grant amount for
9		an assistance unit consisting of one adult, or 2 persons if the
10		husband is included. Other than as herein described, an unborn
11		child shall not be counted in determining the size of an
12		assistance unit or for calculating grants.
13		Payments for basic maintenance requirements of a child or
14		children and the relative with whom the child or children are
15		living shall be prescribed, by rule, by the Illinois
16		Department.
17		Grants under this Article shall not be supplemented by
18		General Assistance provided under Article VI.
19		(e) Grants shall be paid to the parent or other person with
20		whom the child or children are living, except for such amount
21		as is paid in behalf of the child or his parent or other
22		relative to other persons or agencies pursuant to this Code or
23		the rules and regulations of the Illinois Department.
24		(f) Subject to subsection (f-5), an assistance unit,
25		receiving financial aid under this Article or temporarily
26		ineligible to receive aid under this Article under a penalty

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1		imposed by the Illinois Department for failure to comply with
2		the eligibility requirements or that voluntarily requests
3		termination of financial assistance under this Article and
4		becomes subsequently eligible for assistance within 9 months,
5		shall not receive any increase in the amount of aid solely on
6		account of the birth of a child; except that an increase is not
7		prohibited when the birth is (i) of a child of a pregnant woman
8		who became eligible for aid under this Article during the
9		pregnancy, or (ii) of a child born within 10 months after the
10		date of implementation of this subsection, or (iii) of a child
11		conceived after a family became ineligible for assistance due
12		to income or marriage and at least 3 months of ineligibility
13		expired before any reapplication for assistance. This
14		subsection does not, however, prevent a unit from receiving a
15		general increase in the amount of aid that is provided to all
16		recipients of aid under this Article.
17		The Illinois Department is authorized to transfer funds,
18		and shall use any budgetary savings attributable to not
19		increasing the grants due to the births of additional children,
20		to supplement existing funding for employment and training
21		services for recipients of aid under this Article IV. The
22		Illinois Department shall target, to the extent the
23		supplemental funding allows, employment and training services
24		to the families who do not receive a grant increase after the
25		birth of a child. In addition, the Illinois Department shall
26		provide, to the extent the supplemental funding allows, such

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1		families with up to 24 months of transitional child care
2		pursuant to Illinois Department rules. All remaining
3		supplemental funds shall be used for employment and training
4		services or transitional child care support.
5		In making the transfers authorized by this subsection, the
6		Illinois Department shall first determine, pursuant to
7		regulations adopted by the Illinois Department for this
8		purpose, the amount of savings attributable to not increasing
9		the grants due to the births of additional children. Transfers
10		may be made from General Revenue Fund appropriations for
11		distributive purposes authorized by Article IV of this Code
12		only to General Revenue Fund appropriations for employability
13		development services including operating and administrative
14		costs and related distributive purposes under Article IXA of
15		this Code. The Director, with the approval of the Governor,
16		shall certify the amount and affected line item appropriations
17		to the State Comptroller.
18		Nothing in this subsection shall be construed to prohibit
19		the Illinois Department from using funds under this Article IV
20		to provide assistance in the form of vouchers that may be used
21		to pay for goods and services deemed by the Illinois
22		Department, by rule, as suitable for the care of the child such
23		as diapers, clothing, school supplies, and cribs.
24		(f-5) Subsection (f) shall not apply to affect the monthly
25		assistance amount of any family as a result of the birth of a
26		child on or after January 1, 2004. As resources permit after

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1		January 1, 2004, the Department may cease applying subsection
2		(f) to limit assistance to families receiving assistance under
3		this Article on January 1, 2004, with respect to children born
4		prior to that date. In any event, subsection (f) shall be
5		completely inoperative on and after July 1, 2007.
6		(g) (Blank).
7		(h) Notwithstanding any other provision of this Code, the
8		Illinois Department is authorized to reduce payment levels used
9		to determine cash grants under this Article after December 31
10		of any fiscal year if the Illinois Department determines that
11		the caseload upon which the appropriations for the current
12		fiscal year are based have increased by more than 5% and the
13		appropriation is not sufficient to ensure that cash benefits
14		under this Article do not exceed the amounts appropriated for
15		those cash benefits. Reductions in payment levels may be
16		accomplished by emergency rule under Section 5-45 of the
17		Illinois Administrative Procedure Act, except that the
18		limitation on the number of emergency rules that may be adopted
19		in a 24-month period shall not apply and the provisions of
20		Sections 5-115 and 5-125 of the Illinois Administrative
21		Procedure Act shall not apply. Increases in payment levels
22		shall be accomplished only in accordance with Section 5-40 of
23		the Illinois Administrative Procedure Act. Before any rule to
24		increase payment levels promulgated under this Section shall
25		become effective, a joint resolution approving the rule must be
26		adopted by a roll call vote by a majority of the members

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1		elected to each chamber of the General Assembly.
2		(Source: P.A. 96-1000, eff. 7-2-10; 97-689, eff. 6-14-12.)
3		(305 ILCS 5/4-3a) (from Ch. 23, par. 4-3a)
4		Sec. 4-3a. No otherwise qualified child with a disability
5		handicapped child receiving special education and related
6		services under Article 14 of The School Code shall solely by
7		reason of his or her disability handicap be excluded from the
8		participation in or be denied the benefits of or be subjected
9		to discrimination under any program or activity provided by the
10		Department.
11		(Source: P.A. 80-1403.)
12		(305 ILCS 5/5-1) (from Ch. 23, par. 5-1)
13		Sec. 5-1. Declaration of purpose. It is the purpose of this
14		Article to provide a program of essential medical care and
15		rehabilitative services for persons receiving basic
16		maintenance grants under this Code and for other persons who
17		are unable, because of inadequate resources, to meet their
18		essential medical needs.
19		Preservation of health, alleviation of sickness, and
20		correction of disabling handicapping conditions for persons
21		requiring maintenance support are essential if they are to have
22		an opportunity to become self-supporting or to attain a greater
23		capacity for self-care. For persons who are medically indigent
24		but otherwise able to provide themselves with a livelihood, it

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1		is of special importance to maintain their incentives for
2		continued independence and preserve their limited resources
3		for ordinary maintenance needs to prevent their total or
4		substantial dependency.
5		(Source: Laws 1967, p. 122.)
6		(305 ILCS 5/5-1.1) (from Ch. 23, par. 5-1.1)
7		Sec. 5-1.1. Definitions. The terms defined in this Section
8		shall have the meanings ascribed to them, except when the
9		context otherwise requires.
10		(a) "Nursing facility" means a facility, licensed by the
11		Department of Public Health under the Nursing Home Care Act,
12		that provides nursing facility services within the meaning of
13		Title XIX of the federal Social Security Act.
14		(b) "Intermediate care facility for persons with
15		developmental disabilities the developmentally disabled" or
16		"ICF/DD" means a facility, licensed by the Department of Public
17		Health under the ID/DD Community Care Act, that is an
18		intermediate care facility for the mentally retarded within the
19		meaning of Title XIX of the federal Social Security Act.
20		(c) "Standard services" means those services required for
21		the care of all patients in the facility and shall, as a
22		minimum, include the following: (1) administration; (2)
23		dietary (standard); (3) housekeeping; (4) laundry and linen;
24		(5) maintenance of property and equipment, including
25		utilities; (6) medical records; (7) training of employees; (8)

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1		utilization review; (9) activities services; (10) social
2		services; (11) disability services; and all other similar
3		services required by either the laws of the State of Illinois
4		or one of its political subdivisions or municipalities or by
5		Title XIX of the Social Security Act.
6		(d) "Patient services" means those which vary with the
7		number of personnel; professional and para-professional skills
8		of the personnel; specialized equipment, and reflect the
9		intensity of the medical and psycho-social needs of the
10		patients. Patient services shall as a minimum include: (1)
11		physical services; (2) nursing services, including restorative
12		nursing; (3) medical direction and patient care planning; (4)
13		health related supportive and habilitative services and all
14		similar services required by either the laws of the State of
15		Illinois or one of its political subdivisions or municipalities
16		or by Title XIX of the Social Security Act.
17		(e) "Ancillary services" means those services which
18		require a specific physician's order and defined as under the
19		medical assistance program as not being routine in nature for
20		skilled nursing facilities and ICF/DDs. Such services
21		generally must be authorized prior to delivery and payment as
22		provided for under the rules of the Department of Healthcare
23		and Family Services.
24		(f) "Capital" means the investment in a facility's assets
25		for both debt and non-debt funds. Non-debt capital is the
26		difference between an adjusted replacement value of the assets

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1		and the actual amount of debt capital.
2		(g) "Profit" means the amount which shall accrue to a
3		facility as a result of its revenues exceeding its expenses as
4		determined in accordance with generally accepted accounting
5		principles.
6		(h) "Non-institutional services" means those services
7		provided under paragraph (f) of Section 3 of the Rehabilitation
8		of Persons with Disabilities Disabled Persons Rehabilitation
9		Act and those services provided under Section 4.02 of the
10		Illinois Act on the Aging.
11		(i) (Blank).
12		(j) "Institutionalized person" means an individual who is
13		an inpatient in an ICF/DD or nursing facility, or who is an
14		inpatient in a medical institution receiving a level of care
15		equivalent to that of an ICF/DD or nursing facility, or who is
16		receiving services under Section 1915(c) of the Social Security
17		Act.
18		(k) "Institutionalized spouse" means an institutionalized
19		person who is expected to receive services at the same level of
20		care for at least 30 days and is married to a spouse who is not
21		an institutionalized person.
22		(l) "Community spouse" is the spouse of an
23		institutionalized spouse.
24		(m) "Health Benefits Service Package" means, subject to
25		federal approval, benefits covered by the medical assistance
26		program as determined by the Department by rule for individuals

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1		eligible for medical assistance under paragraph 18 of Section
2		5-2 of this Code.
3		(n) "Federal poverty level" means the poverty guidelines
4		updated periodically in the Federal Register by the U.S.
5		Department of Health and Human Services. These guidelines set
6		poverty levels by family size.
7		(Source: P.A. 97-227, eff. 1-1-12; 97-820, eff. 7-17-12;
8		98-104, eff. 7-22-13.)
9		(305 ILCS 5/5-2) (from Ch. 23, par. 5-2)
10		Sec. 5-2. Classes of Persons Eligible.
11		Medical assistance under this Article shall be available to
12		any of the following classes of persons in respect to whom a
13		plan for coverage has been submitted to the Governor by the
14		Illinois Department and approved by him. If changes made in
15		this Section 5-2 require federal approval, they shall not take
16		effect until such approval has been received:
17		1. Recipients of basic maintenance grants under
18		Articles III and IV.
19		2. Beginning January 1, 2014, persons otherwise
20		eligible for basic maintenance under Article III,
21		excluding any eligibility requirements that are
22		inconsistent with any federal law or federal regulation, as
23		interpreted by the U.S. Department of Health and Human
24		Services, but who fail to qualify thereunder on the basis
25		of need, and who have insufficient income and resources to

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1		meet the costs of necessary medical care, including but not
2		limited to the following:
3		(a) All persons otherwise eligible for basic
4		maintenance under Article III but who fail to qualify
5		under that Article on the basis of need and who meet
6		either of the following requirements:
7		(i) their income, as determined by the
8		Illinois Department in accordance with any federal
9		requirements, is equal to or less than 100% of the
10		federal poverty level; or
11		(ii) their income, after the deduction of
12		costs incurred for medical care and for other types
13		of remedial care, is equal to or less than 100% of
14		the federal poverty level.
15		(b) (Blank).
16		3. (Blank).
17		4. Persons not eligible under any of the preceding
18		paragraphs who fall sick, are injured, or die, not having
19		sufficient money, property or other resources to meet the
20		costs of necessary medical care or funeral and burial
21		expenses.
22		5.(a) Women during pregnancy and during the 60-day
23		period beginning on the last day of the pregnancy, together
24		with their infants, whose income is at or below 200% of the
25		federal poverty level. Until September 30, 2019, or sooner
26		if the maintenance of effort requirements under the Patient

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1		Protection and Affordable Care Act are eliminated or may be
2		waived before then, women during pregnancy and during the
3		60-day period beginning on the last day of the pregnancy,
4		whose countable monthly income, after the deduction of
5		costs incurred for medical care and for other types of
6		remedial care as specified in administrative rule, is equal
7		to or less than the Medical Assistance-No Grant(C)
8		(MANG(C)) Income Standard in effect on April 1, 2013 as set
9		forth in administrative rule.
10		(b) The plan for coverage shall provide ambulatory
11		prenatal care to pregnant women during a presumptive
12		eligibility period and establish an income eligibility
13		standard that is equal to 200% of the federal poverty
14		level, provided that costs incurred for medical care are
15		not taken into account in determining such income
16		eligibility.
17		(c) The Illinois Department may conduct a
18		demonstration in at least one county that will provide
19		medical assistance to pregnant women, together with their
20		infants and children up to one year of age, where the
21		income eligibility standard is set up to 185% of the
22		nonfarm income official poverty line, as defined by the
23		federal Office of Management and Budget. The Illinois
24		Department shall seek and obtain necessary authorization
25		provided under federal law to implement such a
26		demonstration. Such demonstration may establish resource

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1		standards that are not more restrictive than those
2		established under Article IV of this Code.
3		6. (a) Children younger than age 19 when countable
4		income is at or below 133% of the federal poverty level.
5		Until September 30, 2019, or sooner if the maintenance of
6		effort requirements under the Patient Protection and
7		Affordable Care Act are eliminated or may be waived before
8		then, children younger than age 19 whose countable monthly
9		income, after the deduction of costs incurred for medical
10		care and for other types of remedial care as specified in
11		administrative rule, is equal to or less than the Medical
12		Assistance-No Grant(C) (MANG(C)) Income Standard in effect
13		on April 1, 2013 as set forth in administrative rule.
14		(b) Children and youth who are under temporary custody
15		or guardianship of the Department of Children and Family
16		Services or who receive financial assistance in support of
17		an adoption or guardianship placement from the Department
18		of Children and Family Services.
19		7. (Blank).
20		8. As required under federal law, persons who are
21		eligible for Transitional Medical Assistance as a result of
22		an increase in earnings or child or spousal support
23		received. The plan for coverage for this class of persons
24		shall:
25		(a) extend the medical assistance coverage to the
26		extent required by federal law; and

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1		(b) offer persons who have initially received 6
2		months of the coverage provided in paragraph (a) above,
3		the option of receiving an additional 6 months of
4		coverage, subject to the following:
5		(i) such coverage shall be pursuant to
6		provisions of the federal Social Security Act;
7		(ii) such coverage shall include all services
8		covered under Illinois' State Medicaid Plan;
9		(iii) no premium shall be charged for such
10		coverage; and
11		(iv) such coverage shall be suspended in the
12		event of a person's failure without good cause to
13		file in a timely fashion reports required for this
14		coverage under the Social Security Act and
15		coverage shall be reinstated upon the filing of
16		such reports if the person remains otherwise
17		eligible.
18		9. Persons with acquired immunodeficiency syndrome
19		(AIDS) or with AIDS-related conditions with respect to whom
20		there has been a determination that but for home or
21		community-based services such individuals would require
22		the level of care provided in an inpatient hospital,
23		skilled nursing facility or intermediate care facility the
24		cost of which is reimbursed under this Article. Assistance
25		shall be provided to such persons to the maximum extent
26		permitted under Title XIX of the Federal Social Security

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1		Act.
2		10. Participants in the long-term care insurance
3		partnership program established under the Illinois
4		Long-Term Care Partnership Program Act who meet the
5		qualifications for protection of resources described in
6		Section 15 of that Act.
7		11. Persons with disabilities who are employed and
8		eligible for Medicaid, pursuant to Section
9		1902(a)(10)(A)(ii)(xv) of the Social Security Act, and,
10		subject to federal approval, persons with a medically
11		improved disability who are employed and eligible for
12		Medicaid pursuant to Section 1902(a)(10)(A)(ii)(xvi) of
13		the Social Security Act, as provided by the Illinois
14		Department by rule. In establishing eligibility standards
15		under this paragraph 11, the Department shall, subject to
16		federal approval:
17		(a) set the income eligibility standard at not
18		lower than 350% of the federal poverty level;
19		(b) exempt retirement accounts that the person
20		cannot access without penalty before the age of 59 1/2,
21		and medical savings accounts established pursuant to
22		26 U.S.C. 220;
23		(c) allow non-exempt assets up to $25,000 as to
24		those assets accumulated during periods of eligibility
25		under this paragraph 11; and
26		(d) continue to apply subparagraphs (b) and (c) in

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1		determining the eligibility of the person under this
2		Article even if the person loses eligibility under this
3		paragraph 11.
4		12. Subject to federal approval, persons who are
5		eligible for medical assistance coverage under applicable
6		provisions of the federal Social Security Act and the
7		federal Breast and Cervical Cancer Prevention and
8		Treatment Act of 2000. Those eligible persons are defined
9		to include, but not be limited to, the following persons:
10		(1) persons who have been screened for breast or
11		cervical cancer under the U.S. Centers for Disease
12		Control and Prevention Breast and Cervical Cancer
13		Program established under Title XV of the federal
14		Public Health Services Act in accordance with the
15		requirements of Section 1504 of that Act as
16		administered by the Illinois Department of Public
17		Health; and
18		(2) persons whose screenings under the above
19		program were funded in whole or in part by funds
20		appropriated to the Illinois Department of Public
21		Health for breast or cervical cancer screening.
22		"Medical assistance" under this paragraph 12 shall be
23		identical to the benefits provided under the State's
24		approved plan under Title XIX of the Social Security Act.
25		The Department must request federal approval of the
26		coverage under this paragraph 12 within 30 days after the

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1		effective date of this amendatory Act of the 92nd General
2		Assembly.
3		In addition to the persons who are eligible for medical
4		assistance pursuant to subparagraphs (1) and (2) of this
5		paragraph 12, and to be paid from funds appropriated to the
6		Department for its medical programs, any uninsured person
7		as defined by the Department in rules residing in Illinois
8		who is younger than 65 years of age, who has been screened
9		for breast and cervical cancer in accordance with standards
10		and procedures adopted by the Department of Public Health
11		for screening, and who is referred to the Department by the
12		Department of Public Health as being in need of treatment
13		for breast or cervical cancer is eligible for medical
14		assistance benefits that are consistent with the benefits
15		provided to those persons described in subparagraphs (1)
16		and (2). Medical assistance coverage for the persons who
17		are eligible under the preceding sentence is not dependent
18		on federal approval, but federal moneys may be used to pay
19		for services provided under that coverage upon federal
20		approval.
21		13. Subject to appropriation and to federal approval,
22		persons living with HIV/AIDS who are not otherwise eligible
23		under this Article and who qualify for services covered
24		under Section 5-5.04 as provided by the Illinois Department
25		by rule.
26		14. Subject to the availability of funds for this

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1		purpose, the Department may provide coverage under this
2		Article to persons who reside in Illinois who are not
3		eligible under any of the preceding paragraphs and who meet
4		the income guidelines of paragraph 2(a) of this Section and
5		(i) have an application for asylum pending before the
6		federal Department of Homeland Security or on appeal before
7		a court of competent jurisdiction and are represented
8		either by counsel or by an advocate accredited by the
9		federal Department of Homeland Security and employed by a
10		not-for-profit organization in regard to that application
11		or appeal, or (ii) are receiving services through a
12		federally funded torture treatment center. Medical
13		coverage under this paragraph 14 may be provided for up to
14		24 continuous months from the initial eligibility date so
15		long as an individual continues to satisfy the criteria of
16		this paragraph 14. If an individual has an appeal pending
17		regarding an application for asylum before the Department
18		of Homeland Security, eligibility under this paragraph 14
19		may be extended until a final decision is rendered on the
20		appeal. The Department may adopt rules governing the
21		implementation of this paragraph 14.
22		15. Family Care Eligibility.
23		(a) On and after July 1, 2012, a parent or other
24		caretaker relative who is 19 years of age or older when
25		countable income is at or below 133% of the federal
26		poverty level. A person may not spend down to become

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1		eligible under this paragraph 15.
2		(b) Eligibility shall be reviewed annually.
3		(c) (Blank).
4		(d) (Blank).
5		(e) (Blank).
6		(f) (Blank).
7		(g) (Blank).
8		(h) (Blank).
9		(i) Following termination of an individual's
10		coverage under this paragraph 15, the individual must
11		be determined eligible before the person can be
12		re-enrolled.
13		16. Subject to appropriation, uninsured persons who
14		are not otherwise eligible under this Section who have been
15		certified and referred by the Department of Public Health
16		as having been screened and found to need diagnostic
17		evaluation or treatment, or both diagnostic evaluation and
18		treatment, for prostate or testicular cancer. For the
19		purposes of this paragraph 16, uninsured persons are those
20		who do not have creditable coverage, as defined under the
21		Health Insurance Portability and Accountability Act, or
22		have otherwise exhausted any insurance benefits they may
23		have had, for prostate or testicular cancer diagnostic
24		evaluation or treatment, or both diagnostic evaluation and
25		treatment. To be eligible, a person must furnish a Social
26		Security number. A person's assets are exempt from

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1		consideration in determining eligibility under this
2		paragraph 16. Such persons shall be eligible for medical
3		assistance under this paragraph 16 for so long as they need
4		treatment for the cancer. A person shall be considered to
5		need treatment if, in the opinion of the person's treating
6		physician, the person requires therapy directed toward
7		cure or palliation of prostate or testicular cancer,
8		including recurrent metastatic cancer that is a known or
9		presumed complication of prostate or testicular cancer and
10		complications resulting from the treatment modalities
11		themselves. Persons who require only routine monitoring
12		services are not considered to need treatment. "Medical
13		assistance" under this paragraph 16 shall be identical to
14		the benefits provided under the State's approved plan under
15		Title XIX of the Social Security Act. Notwithstanding any
16		other provision of law, the Department (i) does not have a
17		claim against the estate of a deceased recipient of
18		services under this paragraph 16 and (ii) does not have a
19		lien against any homestead property or other legal or
20		equitable real property interest owned by a recipient of
21		services under this paragraph 16.
22		17. Persons who, pursuant to a waiver approved by the
23		Secretary of the U.S. Department of Health and Human
24		Services, are eligible for medical assistance under Title
25		XIX or XXI of the federal Social Security Act.
26		Notwithstanding any other provision of this Code and

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1		consistent with the terms of the approved waiver, the
2		Illinois Department, may by rule:
3		(a) Limit the geographic areas in which the waiver
4		program operates.
5		(b) Determine the scope, quantity, duration, and
6		quality, and the rate and method of reimbursement, of
7		the medical services to be provided, which may differ
8		from those for other classes of persons eligible for
9		assistance under this Article.
10		(c) Restrict the persons' freedom in choice of
11		providers.
12		18. Beginning January 1, 2014, persons aged 19 or
13		older, but younger than 65, who are not otherwise eligible
14		for medical assistance under this Section 5-2, who qualify
15		for medical assistance pursuant to 42 U.S.C.
16		1396a(a)(10)(A)(i)(VIII) and applicable federal
17		regulations, and who have income at or below 133% of the
18		federal poverty level plus 5% for the applicable family
19		size as determined pursuant to 42 U.S.C. 1396a(e)(14) and
20		applicable federal regulations. Persons eligible for
21		medical assistance under this paragraph 18 shall receive
22		coverage for the Health Benefits Service Package as that
23		term is defined in subsection (m) of Section 5-1.1 of this
24		Code. If Illinois' federal medical assistance percentage
25		(FMAP) is reduced below 90% for persons eligible for
26		medical assistance under this paragraph 18, eligibility

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1		under this paragraph 18 shall cease no later than the end
2		of the third month following the month in which the
3		reduction in FMAP takes effect.
4		19. Beginning January 1, 2014, as required under 42
5		U.S.C. 1396a(a)(10)(A)(i)(IX), persons older than age 18
6		and younger than age 26 who are not otherwise eligible for
7		medical assistance under paragraphs (1) through (17) of
8		this Section who (i) were in foster care under the
9		responsibility of the State on the date of attaining age 18
10		or on the date of attaining age 21 when a court has
11		continued wardship for good cause as provided in Section
12		2-31 of the Juvenile Court Act of 1987 and (ii) received
13		medical assistance under the Illinois Title XIX State Plan
14		or waiver of such plan while in foster care.
15		In implementing the provisions of Public Act 96-20, the
16		Department is authorized to adopt only those rules necessary,
17		including emergency rules. Nothing in Public Act 96-20 permits
18		the Department to adopt rules or issue a decision that expands
19		eligibility for the FamilyCare Program to a person whose income
20		exceeds 185% of the Federal Poverty Level as determined from
21		time to time by the U.S. Department of Health and Human
22		Services, unless the Department is provided with express
23		statutory authority.
24		The eligibility of any such person for medical assistance
25		under this Article is not affected by the payment of any grant
26		under the Senior Citizens and Persons with Disabilities

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1		Disabled Persons Property Tax Relief Act or any distributions
2		or items of income described under subparagraph (X) of
3		paragraph (2) of subsection (a) of Section 203 of the Illinois
4		Income Tax Act.
5		The Department shall by rule establish the amounts of
6		assets to be disregarded in determining eligibility for medical
7		assistance, which shall at a minimum equal the amounts to be
8		disregarded under the Federal Supplemental Security Income
9		Program. The amount of assets of a single person to be
10		disregarded shall not be less than $2,000, and the amount of
11		assets of a married couple to be disregarded shall not be less
12		than $3,000.
13		To the extent permitted under federal law, any person found
14		guilty of a second violation of Article VIIIA shall be
15		ineligible for medical assistance under this Article, as
16		provided in Section 8A-8.
17		The eligibility of any person for medical assistance under
18		this Article shall not be affected by the receipt by the person
19		of donations or benefits from fundraisers held for the person
20		in cases of serious illness, as long as neither the person nor
21		members of the person's family have actual control over the
22		donations or benefits or the disbursement of the donations or
23		benefits.
24		Notwithstanding any other provision of this Code, if the
25		United States Supreme Court holds Title II, Subtitle A, Section
26		2001(a) of Public Law 111-148 to be unconstitutional, or if a

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1		holding of Public Law 111-148 makes Medicaid eligibility
2		allowed under Section 2001(a) inoperable, the State or a unit
3		of local government shall be prohibited from enrolling
4		individuals in the Medical Assistance Program as the result of
5		federal approval of a State Medicaid waiver on or after the
6		effective date of this amendatory Act of the 97th General
7		Assembly, and any individuals enrolled in the Medical
8		Assistance Program pursuant to eligibility permitted as a
9		result of such a State Medicaid waiver shall become immediately
10		ineligible.
11		Notwithstanding any other provision of this Code, if an Act
12		of Congress that becomes a Public Law eliminates Section
13		2001(a) of Public Law 111-148, the State or a unit of local
14		government shall be prohibited from enrolling individuals in
15		the Medical Assistance Program as the result of federal
16		approval of a State Medicaid waiver on or after the effective
17		date of this amendatory Act of the 97th General Assembly, and
18		any individuals enrolled in the Medical Assistance Program
19		pursuant to eligibility permitted as a result of such a State
20		Medicaid waiver shall become immediately ineligible.
21		Effective October 1, 2013, the determination of
22		eligibility of persons who qualify under paragraphs 5, 6, 8,
23		15, 17, and 18 of this Section shall comply with the
24		requirements of 42 U.S.C. 1396a(e)(14) and applicable federal
25		regulations.
26		The Department of Healthcare and Family Services, the

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1		Department of Human Services, and the Illinois health insurance
2		marketplace shall work cooperatively to assist persons who
3		would otherwise lose health benefits as a result of changes
4		made under this amendatory Act of the 98th General Assembly to
5		transition to other health insurance coverage.
6		(Source: P.A. 97-48, eff. 6-28-11; 97-74, eff. 6-30-11; 97-333,
7		eff. 8-12-11; 97-687, eff. 6-14-12; 97-689, eff. 6-14-12;
8		97-813, eff. 7-13-12; 98-104, eff. 7-22-13; 98-463, eff.
9		8-16-13.)
10		(305 ILCS 5/5-4) (from Ch. 23, par. 5-4)
11		Sec. 5-4. Amount and nature of medical assistance.
12		(a) The amount and nature of medical assistance shall be
13		determined in accordance with the standards, rules, and
14		regulations of the Department of Healthcare and Family
15		Services, with due regard to the requirements and conditions in
16		each case, including contributions available from legally
17		responsible relatives. However, the amount and nature of such
18		medical assistance shall not be affected by the payment of any
19		grant under the Senior Citizens and Persons with Disabilities
20		Disabled Persons Property Tax Relief Act or any distributions
21		or items of income described under subparagraph (X) of
22		paragraph (2) of subsection (a) of Section 203 of the Illinois
23		Income Tax Act. The amount and nature of medical assistance
24		shall not be affected by the receipt of donations or benefits
25		from fundraisers in cases of serious illness, as long as

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1		neither the person nor members of the person's family have
2		actual control over the donations or benefits or the
3		disbursement of the donations or benefits.
4		In determining the income and resources available to the
5		institutionalized spouse and to the community spouse, the
6		Department of Healthcare and Family Services shall follow the
7		procedures established by federal law. If an institutionalized
8		spouse or community spouse refuses to comply with the
9		requirements of Title XIX of the federal Social Security Act
10		and the regulations duly promulgated thereunder by failing to
11		provide the total value of assets, including income and
12		resources, to the extent either the institutionalized spouse or
13		community spouse has an ownership interest in them pursuant to
14		42 U.S.C. 1396r-5, such refusal may result in the
15		institutionalized spouse being denied eligibility and
16		continuing to remain ineligible for the medical assistance
17		program based on failure to cooperate.
18		Subject to federal approval, the community spouse resource
19		allowance shall be established and maintained at the higher of
20		$109,560 or the minimum level permitted pursuant to Section
21		1924(f)(2) of the Social Security Act, as now or hereafter
22		amended, or an amount set after a fair hearing, whichever is
23		greater. The monthly maintenance allowance for the community
24		spouse shall be established and maintained at the higher of
25		$2,739 per month or the minimum level permitted pursuant to
26		Section 1924(d)(3) of the Social Security Act, as now or

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1		hereafter amended, or an amount set after a fair hearing,
2		whichever is greater. Subject to the approval of the Secretary
3		of the United States Department of Health and Human Services,
4		the provisions of this Section shall be extended to persons who
5		but for the provision of home or community-based services under
6		Section 4.02 of the Illinois Act on the Aging, would require
7		the level of care provided in an institution, as is provided
8		for in federal law.
9		(b) Spousal support for institutionalized spouses
10		receiving medical assistance.
11		(i) The Department may seek support for an
12		institutionalized spouse, who has assigned his or her right
13		of support from his or her spouse to the State, from the
14		resources and income available to the community spouse.
15		(ii) The Department may bring an action in the circuit
16		court to establish support orders or itself establish
17		administrative support orders by any means and procedures
18		authorized in this Code, as applicable, except that the
19		standard and regulations for determining ability to
20		support in Section 10-3 shall not limit the amount of
21		support that may be ordered.
22		(iii) Proceedings may be initiated to obtain support,
23		or for the recovery of aid granted during the period such
24		support was not provided, or both, for the obtainment of
25		support and the recovery of the aid provided. Proceedings
26		for the recovery of aid may be taken separately or they may

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1		be consolidated with actions to obtain support. Such
2		proceedings may be brought in the name of the person or
3		persons requiring support or may be brought in the name of
4		the Department, as the case requires.
5		(iv) The orders for the payment of moneys for the
6		support of the person shall be just and equitable and may
7		direct payment thereof for such period or periods of time
8		as the circumstances require, including support for a
9		period before the date the order for support is entered. In
10		no event shall the orders reduce the community spouse
11		resource allowance below the level established in
12		subsection (a) of this Section or an amount set after a
13		fair hearing, whichever is greater, or reduce the monthly
14		maintenance allowance for the community spouse below the
15		level permitted pursuant to subsection (a) of this Section.
16		(Source: P.A. 97-689, eff. 6-14-12; 98-104, eff. 7-22-13.)
17		(305 ILCS 5/5-5.4f)
18		Sec. 5-5.4f. Intermediate care facilities for persons with
19		developmental disabilities the developmentally disabled
20		quality workforce initiative.
21		(a) Legislative intent. Individuals with developmental
22		disabilities who live in community-based settings rely on
23		direct support staff for a variety of supports and services
24		essential to the ability to reach their full potential. A
25		stable, well-trained direct support workforce is critical to

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1		the well-being of these individuals. State and national studies
2		have documented high rates of turnover among direct support
3		workers and confirmed that improvements in wages can help
4		reduce turnover and develop a more stable and committed
5		workforce. This Section would increase the wages and benefits
6		for direct care workers supporting individuals with
7		developmental disabilities and provide accountability by
8		ensuring that additional resources go directly to these
9		workers.
10		(b) Reimbursement. Notwithstanding any provision of
11		Section 5-5.4, in order to attract and retain a stable,
12		qualified, and healthy workforce, beginning July 1, 2010, the
13		Department of Healthcare and Family Services may reimburse an
14		individual intermediate care facility for persons with
15		developmental disabilities the developmentally disabled for
16		spending incurred to provide improved wages and benefits to its
17		employees serving the individuals residing in the facility.
18		Reimbursement shall be based upon patient days reported in the
19		facility's most recent cost report. Subject to available
20		appropriations, this reimbursement shall be made according to
21		the following criteria:
22		(1) The Department shall reimburse the facility to
23		compensate for spending on improved wages and benefits for
24		its eligible employees. Eligible employees include
25		employees engaged in direct care work.
26		(2) In order to qualify for reimbursement under this

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1		Section, a facility must submit to the Department, before
2		January 1 of each year, documentation of a written, legally
3		binding commitment to increase spending for the purpose of
4		providing improved wages and benefits to its eligible
5		employees during the next year. The commitment must be
6		binding as to both existing and future staff. The
7		commitment must include a method of enforcing the
8		commitment that is available to the employees or their
9		representative and is expeditious, uses a neutral
10		decision-maker, and is economical for the employees. The
11		Department must also receive documentation of the
12		facility's provision of written notice of the commitment
13		and the availability of the enforcement mechanism to the
14		employees or their representative.
15		(3) Reimbursement shall be based on the amount of
16		increased spending to be incurred by the facility for
17		improving wages and benefits that exceeds the spending
18		reported in the cost report currently used by the
19		Department. Reimbursement shall be calculated as follows:
20		the per diem equivalent of the quarterly difference between
21		the cost to provide improved wages and benefits for covered
22		eligible employees as identified in the legally binding
23		commitment and the previous period cost of wages and
24		benefits as reported in the cost report currently used by
25		the Department, subject to the limitations identified in
26		paragraph (2) of this subsection. In no event shall the per

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1		diem increase be in excess of $5.00 for any 12 month period
2		for an intermediate care facility for persons with
3		developmental disabilities the developmentally disabled
4		with more than 16 beds, or in excess of $6.00 for any 12
5		month period for an intermediate care facility for persons
6		with developmental disabilities the developmentally
7		disabled with 16 beds or less.
8		(4) Any intermediate care facility for persons with
9		developmental disabilities the developmentally disabled is
10		eligible to receive reimbursement under this Section. A
11		facility's eligibility to receive reimbursement shall
12		continue as long as the facility maintains eligibility
13		under paragraph (2) of this subsection and the
14		reimbursement program continues to exist.
15		(c) Audit. Reimbursement under this Section is subject to
16		audit by the Department and shall be reduced or eliminated in
17		the case of any facility that does not honor its commitment to
18		increase spending to improve the wages and benefits of its
19		employees or that decreases such spending.
20		(Source: P.A. 96-1124, eff. 7-20-10; 97-333, eff. 8-12-11.)
21		(305 ILCS 5/5-5.17) (from Ch. 23, par. 5-5.17)
22		Sec. 5-5.17. Separate reimbursement rate. The Illinois
23		Department may by rule establish a separate reimbursement rate
24		to be paid to long term care facilities for adult developmental
25		training services as defined in Section 15.2 of the Mental

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1		Health and Developmental Disabilities Administrative Act which
2		are provided to intellectually disabled residents of such
3		facilities who have intellectual disabilities and who receive
4		aid under this Article. Any such reimbursement shall be based
5		upon cost reports submitted by the providers of such services
6		and shall be paid by the long term care facility to the
7		provider within such time as the Illinois Department shall
8		prescribe by rule, but in no case less than 3 business days
9		after receipt of the reimbursement by such facility from the
10		Illinois Department. The Illinois Department may impose a
11		penalty upon a facility which does not make payment to the
12		provider of adult developmental training services within the
13		time so prescribed, up to the amount of payment not made to the
14		provider.
15		On and after July 1, 2012, the Department shall reduce any
16		rate of reimbursement for services or other payments or alter
17		any methodologies authorized by this Code to reduce any rate of
18		reimbursement for services or other payments in accordance with
19		Section 5-5e.
20		(Source: P.A. 97-227, eff. 1-1-12; 97-689, eff. 6-14-12.)
21		(305 ILCS 5/5-5a) (from Ch. 23, par. 5-5a)
22		Sec. 5-5a. Waiver for home and community-based services.
23		The Department shall apply for a waiver from the United States
24		Health Care Financing Administration to allow payment for home
25		and community-based services under this Article.

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1		The Department, in cooperation with the Department on
2		Aging, the Department of Human Services and any other relevant
3		State, local or federal government agency, may establish a
4		nursing home pre-screening program to determine whether the
5		applicant, eligible for medical assistance under this Article,
6		may use home and community-based services as a reasonable,
7		lower-cost alternative form of care. For the purpose of this
8		Section, "home and community-based services" may include, but
9		are not limited to, those services provided under subsection
10		(f) of Section 3 of the Rehabilitation of Persons with
11		Disabilities Disabled Persons Rehabilitation Act and Section 4
12		of the Illinois Act on the Aging.
13		(Source: P.A. 89-507, eff. 7-1-97; 89-626, eff. 8-9-96.)
14		(305 ILCS 5/5-13) (from Ch. 23, par. 5-13)
15		Sec. 5-13. Claim against estate of recipients. To the
16		extent permitted under the federal Social Security Act, the
17		amount expended under this Article (1) for a person of any age
18		who is an inpatient in a nursing facility, an intermediate care
19		facility for persons with intellectual disabilities the
20		intellectually disabled, or other medical institution, or (2)
21		for a person aged 55 or more, shall be a claim against the
22		person's estate or a claim against the estate of the person's
23		spouse, regardless of the order of death, but no recovery may
24		be had thereon until after the death of the surviving spouse,
25		if any, and then only at such time when there is no surviving

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1		child who is under age 21, or blind, or is a child with a
2		permanent total disability permanently and totally disabled.
3		This Section, however, shall not bar recovery at the death of
4		the person of amounts of medical assistance paid to or in his
5		behalf to which he was not entitled; provided that such
6		recovery shall not be enforced against any real estate while it
7		is occupied as a homestead by the surviving spouse or other
8		dependent, if no claims by other creditors have been filed
9		against the estate, or if such claims have been filed, they
10		remain dormant for failure of prosecution or failure of the
11		claimant to compel administration of the estate for the purpose
12		of payment. The term "estate", as used in this Section, with
13		respect to a deceased person, means all real and personal
14		property and other assets included within the person's estate,
15		as that term is used in the Probate Act of 1975; however, in
16		the case of a deceased person who has received (or is entitled
17		to receive) benefits under a long-term care insurance policy in
18		connection with which assets or resources are disregarded to
19		the extent that payments are made or because the deceased
20		person received (or was entitled to receive) benefits under a
21		long-term care insurance policy, "estate" also includes any
22		other real and personal property and other assets in which the
23		deceased person had any legal title or interest at the time of
24		his or her death (to the extent of that interest), including
25		assets conveyed to a survivor, heir, or assignee of the
26		deceased person through joint tenancy, tenancy in common,

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1		survivorship, life estate, living trust, or other arrangement.
2		The term "homestead", as used in this Section, means the
3		dwelling house and contiguous real estate occupied by a
4		surviving spouse or relative, as defined by the rules and
5		regulations of the Illinois Department, regardless of the value
6		of the property.
7		A claim arising under this Section against assets conveyed
8		to a survivor, heir, or assignee of the deceased person through
9		joint tenancy, tenancy in common, survivorship, life estate,
10		living trust, or other arrangement is not effective until the
11		claim is recorded or filed in the manner provided for a notice
12		of lien in Section 3-10.2. The claim is subject to the same
13		requirements and conditions to which liens on real property
14		interests are subject under Sections 3-10.1 through 3-10.10. A
15		claim arising under this Section attaches to interests owned or
16		subsequently acquired by the estate of a recipient or the
17		estate of a recipient's surviving spouse. The transfer or
18		conveyance of any real or personal property of the estate as
19		defined in this Section shall be subject to the fraudulent
20		transfer conditions that apply to real property in Section 3-11
21		of this Code.
22		The provisions of this Section shall not affect the
23		validity of claims against estates for medical assistance
24		provided prior to January 1, 1966 to aged or , blind persons or
25		persons with disabilities , or disabled persons receiving aid
26		under Articles V, VII and VII-A of the 1949 Code.

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1		(Source: P.A. 97-227, eff. 1-1-12.)
2		(305 ILCS 5/Art. V-C heading)
3		ARTICLE V-C.
4		CARE PROVIDER FUNDING FOR PERSONS WITH A DEVELOPMENTAL
5		DISABILITY DEVELOPMENTALLY DISABLED CARE PROVIDER FUNDING
6		(305 ILCS 5/5C-1) (from Ch. 23, par. 5C-1)
7		Sec. 5C-1. Definitions. As used in this Article, unless the
8		context requires otherwise:
9		"Fund" means the Care Provider Fund for Persons with a
10		Developmental Disability.
11		"Care facility for persons with a developmental disability
12		Developmentally disabled care facility" means an intermediate
13		care facility for the intellectually disabled within the
14		meaning of Title XIX of the Social Security Act, whether public
15		or private and whether organized for profit or not-for-profit,
16		but shall not include any facility operated by the State.
17		"Care provider for persons with a developmental disability
18		Developmentally disabled care provider" means a person
19		conducting, operating, or maintaining a facility for persons
20		with a developmental disability developmentally disabled care
21		facility. For this purpose, "person" means any political
22		subdivision of the State, municipal corporation, individual,
23		firm, partnership, corporation, company, limited liability
24		company, association, joint stock association, or trust, or a

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1		receiver, executor, trustee, guardian or other representative
2		appointed by order of any court.
3		"Adjusted gross developmentally disabled care revenue"
4		shall be computed separately for each facility for persons with
5		a developmental disability developmentally disabled care
6		facility conducted, operated, or maintained by a care provider
7		for persons with a developmental disability developmentally
8		disabled care provider, and means the developmentally disabled
9		care provider's total revenue of the care provider for persons
10		with a developmental disability for inpatient residential
11		services less contractual allowances and discounts on
12		patients' accounts, but does not include non-patient revenue
13		from sources such as contributions, donations or bequests,
14		investments, day training services, television and telephone
15		service, and rental of facility space.
16		"Long-term care facility for persons under 22 years of age
17		serving clinically complex residents" means a facility
18		licensed by the Department of Public Health as a long-term care
19		facility for persons under 22 meeting the qualifications of
20		Section 5-5.4h of this Code.
21		(Source: P.A. 97-227, eff. 1-1-12; 98-463, eff. 8-16-13;
22		98-651, eff. 6-16-14.)
23		(305 ILCS 5/5C-2) (from Ch. 23, par. 5C-2)
24		Sec. 5C-2. Assessment; no local authorization to tax.
25		(a) For the privilege of engaging in the occupation of care

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1		provider for persons with a developmental disability
2		developmentally disabled care provider, an assessment is
3		imposed upon each care provider for persons with a
4		developmental disability developmentally disabled care
5		provider in an amount equal to 6%, or the maximum allowed under
6		federal regulation, whichever is less, of its adjusted gross
7		developmentally disabled care revenue for the prior State
8		fiscal year. Notwithstanding any provision of any other Act to
9		the contrary, this assessment shall be construed as a tax, but
10		may not be added to the charges of an individual's nursing home
11		care that is paid for in whole, or in part, by a federal,
12		State, or combined federal-state medical care program, except
13		those individuals receiving Medicare Part B benefits solely.
14		(b) Nothing in this amendatory Act of 1995 shall be
15		construed to authorize any home rule unit or other unit of
16		local government to license for revenue or impose a tax or
17		assessment upon a care provider for persons with a
18		developmental disability developmentally disabled care
19		provider or the occupation of care provider for persons with a
20		developmental disability developmentally disabled care
21		provider, or a tax or assessment measured by the income or
22		earnings of a care provider for persons with a developmental
23		disability developmentally disabled care provider.
24		(c) Effective July 1, 2013, for the privilege of engaging
25		in the occupation of long-term care facility for persons under
26		22 years of age serving clinically complex residents provider,

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1		an assessment is imposed upon each long-term care facility for
2		persons under 22 years of age serving clinically complex
3		residents provider in the same amount and upon the same
4		conditions and requirements as imposed in Article V-B of this
5		Code and a license fee is imposed in the same amount and upon
6		the same conditions and requirements as imposed in Article V-E
7		of this Code. Notwithstanding any provision of any other Act to
8		the contrary, the assessment and license fee imposed by this
9		subsection (c) shall be construed as a tax, but may not be
10		added to the charges of an individual's nursing home care that
11		is paid for in whole, or in part, by a federal, State, or
12		combined federal-State medical care program, except for those
13		individuals receiving Medicare Part B benefits solely.
14		(Source: P.A. 98-651, eff. 6-16-14.)
15		(305 ILCS 5/5C-3) (from Ch. 23, par. 5C-3)
16		Sec. 5C-3. Payment of assessment; penalty.
17		(a) The assessment imposed by Section 5C-2 for a State
18		fiscal year shall be due and payable in quarterly installments,
19		each equalling one-fourth of the assessment for the year, on
20		September 30, December 31, March 31, and May 31 of the year.
21		(b) The Illinois Department is authorized to establish
22		delayed payment schedules for care providers for persons with a
23		developmental disability developmentally disabled care
24		providers that are unable to make installment payments when due
25		under this Section due to financial difficulties, as determined

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1		by the Illinois Department.
2		(c) If a care provider for persons with a developmental
3		disability developmentally disabled care provider fails to pay
4		the full amount of an installment when due (including any
5		extensions granted under subsection (b)), there shall, unless
6		waived by the Illinois Department for reasonable cause, be
7		added to the assessment imposed by Section 5C-2 for the State
8		fiscal year a penalty assessment equal to the lesser of (i) 5%
9		of the amount of the installment not paid on or before the due
10		date plus 5% of the portion thereof remaining unpaid on the
11		last day of each month thereafter or (ii) 100% of the
12		installment amount not paid on or before the due date. For
13		purposes of this subsection, payments will be credited first to
14		unpaid installment amounts (rather than to penalty or
15		interest), beginning with the most delinquent installments.
16		(Source: P.A. 87-861; 88-88.)
17		(305 ILCS 5/5C-4) (from Ch. 23, par. 5C-4)
18		Sec. 5C-4. Reporting; penalty; maintenance of records.
19		(a) After June 30 of each State fiscal year, and on or
20		before September 30 of the succeeding State fiscal year, every
21		care provider for persons with a developmental disability
22		developmentally disabled care provider subject to assessment
23		under this Article shall file a return with the Illinois
24		Department. The return shall report the adjusted gross
25		developmentally disabled care revenue from the State fiscal

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1		year just ended and shall be utilized by the Illinois
2		Department to calculate the assessment for the State fiscal
3		year commencing on the preceding July 1. The return shall be on
4		a form prepared by the Illinois Department and shall state the
5		following:
6		(1) The name of the care provider for persons with a
7		developmental disability developmentally disabled care
8		provider.
9		(2) The address of the care provider's developmentally
10		disabled care provider's principal place of business from
11		which the provider engages in the occupation of care
12		provider for persons with a developmental disability
13		developmentally disabled care provider in this State, and
14		the name and address of all care facilities for persons
15		with a developmental disability developmentally disabled
16		care facilities operated or maintained by the provider in
17		this State.
18		(3) The adjusted gross developmentally disabled care
19		revenue for the State fiscal year just ended, the amount of
20		assessment imposed under Section 5C-2 for the State fiscal
21		year for which the return is filed, and the amount of each
22		quarterly installment to be paid during the State fiscal
23		year.
24		(4) The amount of penalty due, if any.
25		(5) Other reasonable information the Illinois
26		Department requires.

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1		(b) If a care provider for persons with a developmental
2		disability developmentally disabled care provider operates or
3		maintains more than one care facility for persons with a
4		developmental disability developmentally disabled care
5		facility in this State, the provider may not file a single
6		return covering all those care facilities for persons with a
7		developmental disability developmentally disabled care
8		facilities, but shall file a separate return for each care
9		facility for persons with a developmental disability
10		developmentally disabled care facility and shall compute and
11		pay the assessment for each care facility for persons with a
12		developmental disability developmentally disabled care
13		facility separately.
14		(c) Notwithstanding any other provision in this Article, a
15		person who ceases to conduct, operate, or maintain a care
16		facility for persons with a developmental disability
17		developmentally disabled care facility in respect of which the
18		person is subject to assessment under this Article as a care
19		provider for persons with a developmental disability
20		developmentally disabled care provider, the assessment for the
21		State fiscal year in which the cessation occurs shall be
22		adjusted by multiplying the assessment computed under Section
23		5C-2 by a fraction, the numerator of which is the number of
24		months in the year during which the provider conducts,
25		operates, or maintains the care facility for persons with a
26		developmental disability developmentally disabled care

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1		facility and the denominator of which is 12. The person shall
2		file a final, amended return with the Illinois Department not
3		more than 90 days after the cessation reflecting the adjustment
4		and shall pay with the final return the assessment for the year
5		as so adjusted (to the extent not previously paid).
6		(d) Notwithstanding any other provision of this Article, a
7		provider who commences conducting, operating, or maintaining a
8		care facility for persons with a developmental disability
9		developmentally disabled care facility shall file an initial
10		return for the State fiscal year in which the commencement
11		occurs within 90 days thereafter and shall pay the assessment
12		computed under Section 5C-2 and subsection (e) in equal
13		installments on the due date of the return and on the regular
14		installment due dates for the State fiscal year occurring after
15		the due date of the initial return.
16		(e) Notwithstanding any other provision of this Article, in
17		the case of a care provider for persons with a developmental
18		disability developmentally disabled care provider that did not
19		conduct, operate, or maintain a care facility for persons with
20		a developmental disability developmentally disabled care
21		facility throughout the prior State fiscal year, the assessment
22		for that State fiscal year shall be computed on the basis of
23		hypothetical adjusted gross developmentally disabled care
24		revenue for the prior year as determined by rules adopted by
25		the Illinois Department (which may be based on annualization of
26		the provider's actual revenues for a portion of the State

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1		fiscal year, or revenues of a comparable facility for such
2		year, including revenues realized by a prior provider from the
3		same facility during such year).
4		(f) In the case of a care provider for persons with a
5		developmental disability developmentally disabled care
6		provider existing as a corporation or legal entity other than
7		an individual, the return filed by it shall be signed by its
8		president, vice-president, secretary, or treasurer or by its
9		properly authorized agent.
10		(g) If a care provider for persons with a developmental
11		disability developmentally disabled care provider fails to
12		file its return for a State fiscal year on or before the due
13		date of the return, there shall, unless waived by the Illinois
14		Department for reasonable cause, be added to the assessment
15		imposed by Section 5C-2 for the State fiscal year a penalty
16		assessment equal to 25% of the assessment imposed for the year.
17		(h) Every care provider for persons with a developmental
18		disability developmentally disabled care provider subject to
19		assessment under this Article shall keep records and books that
20		will permit the determination of adjusted gross
21		developmentally disabled care revenue on a State fiscal year
22		basis. All such books and records shall be kept in the English
23		language and shall, at all times during business hours of the
24		day, be subject to inspection by the Illinois Department or its
25		duly authorized agents and employees.
26		(Source: P.A. 87-861.)

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1		(305 ILCS 5/5C-5) (from Ch. 23, par. 5C-5)
2		Sec. 5C-5. Disposition of proceeds. The Illinois
3		Department shall pay all moneys received from care providers
4		for persons with a developmental disability developmentally
5		disabled care providers under this Article into the Care
6		Provider Fund for Persons with a Developmental Disability. Upon
7		certification by the Illinois Department to the State
8		Comptroller of its intent to withhold from a provider under
9		Section 5C-6(b), the State Comptroller shall draw a warrant on
10		the treasury or other fund held by the State Treasurer, as
11		appropriate. The warrant shall state the amount for which the
12		provider is entitled to a warrant, the amount of the deduction,
13		and the reason therefor and shall direct the State Treasurer to
14		pay the balance to the provider, all in accordance with Section
15		10.05 of the State Comptroller Act. The warrant also shall
16		direct the State Treasurer to transfer the amount of the
17		deduction so ordered from the treasury or other fund into the
18		Care Provider Fund for Persons with a Developmental Disability.
19		(Source: P.A. 98-463, eff. 8-16-13.)
20		(305 ILCS 5/5C-6) (from Ch. 23, par. 5C-6)
21		Sec. 5C-6. Administration; enforcement provisions.
22		(a) To the extent practicable, the Illinois Department
23		shall administer and enforce this Article and collect the
24		assessments, interest, and penalty assessments imposed under

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1		this Article, using procedures employed in its administration
2		of this Code generally and, as it deems appropriate, in a
3		manner similar to that in which the Department of Revenue
4		administers and collects the retailers' occupation tax
5		pursuant to the Retailers' Occupation Tax Act ("ROTA"). Instead
6		of certificates of registration, the Illinois Department shall
7		establish and maintain a listing of all care providers for
8		persons with a developmental disability developmentally
9		disabled care providers appearing in the licensing records of
10		the Department of Public Health, which shall show each
11		provider's name, principal place of business, and the name and
12		address of each care facility for persons with a developmental
13		disability developmentally disabled care facility operated or
14		maintained by the provider in this State. In addition, the
15		following Retailers' Occupation Tax Act provisions are
16		incorporated by reference into this Section, except that the
17		Illinois Department and its Director (rather than the
18		Department of Revenue and its Director) and every care provider
19		for persons with a developmental disability developmentally
20		disabled care provider subject to assessment measured by
21		adjusted gross developmentally disabled care revenue and to the
22		return filing requirements of this Article (rather than persons
23		subject to retailers' occupation tax measured by gross receipts
24		from the sale of tangible personal property at retail and to
25		the return filing requirements of ROTA) shall have the powers,
26		duties, and rights specified in these ROTA provisions, as

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1		modified in this Section or by the Illinois Department in a
2		manner consistent with this Article and except as manifestly
3		inconsistent with the other provisions of this Article:
4		(1) ROTA, Section 4 (examination of return; notice of
5		correction; evidence; limitations; protest and hearing),
6		except that (i) the Illinois Department shall issue notices
7		of assessment liability (rather than notices of tax
8		liability as provided in ROTA, Section 4); (ii) in the case
9		of a fraudulent return or in the case of an extended period
10		agreed to by the Illinois Department and the care provider
11		for persons with a developmental disability
12		developmentally disabled care provider before the
13		expiration of the limitation period, no notice of
14		assessment liability shall be issued more than 3 years
15		after the later of the due date of the return required by
16		Section 5C-5 or the date the return (or an amended return)
17		was filed (rather within the period stated in ROTA, Section
18		4); and (iii) the penalty provisions of ROTA, Section 4
19		shall not apply.
20		(2) ROTA, Section 5 (failure to make return; failure to
21		pay assessment), except that the penalty and interest
22		provisions of ROTA, Section 5 shall not apply.
23		(3) ROTA, Section 5a (lien; attachment; termination;
24		notice; protest; review; release of lien; status of lien).
25		(4) ROTA, Section 5b (State lien notices; State lien
26		index; duties of recorder and registrar of titles).

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1		(5) ROTA, Section 5c (liens; certificate of release).
2		(6) ROTA, Section 5d (Department not required to
3		furnish bond; claim to property attached or levied upon).
4		(7) ROTA, Section 5e (foreclosure on liens;
5		enforcement).
6		(8) ROTA, Section 5f (demand for payment; levy and sale
7		of property; limitation).
8		(9) ROTA, Section 5g (sale of property; redemption).
9		(10) ROTA, Section 5j (sales on transfers outside usual
10		course of business; report; payment of assessment; rights
11		and duties of purchaser; penalty).
12		(11) ROTA, Section 6 (erroneous payments; credit or
13		refund), provided that (i) the Illinois Department may only
14		apply an amount otherwise subject to credit or refund to a
15		liability arising under this Article; (ii) except in the
16		case of an extended period agreed to by the Illinois
17		Department and the care provider for persons with a
18		developmental disability developmentally disabled care
19		provider prior to the expiration of this limitation period,
20		a claim for credit or refund must be filed no more than 3
21		years after the due date of the return required by Section
22		5C-5 (rather than the time limitation stated in ROTA,
23		Section 6); and (iii) credits or refunds shall not bear
24		interest.
25		(12) ROTA, Section 6a (claims for credit or refund).
26		(13) ROTA, Section 6b (tentative determination of

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1		claim; notice; hearing; review), provided that a care
2		provider for persons with a developmental disability
3		developmentally disabled care provider or its
4		representative shall have 60 days (rather than 20 days)
5		within which to file a protest and request for hearing in
6		response to a tentative determination of claim.
7		(14) ROTA, Section 6c (finality of tentative
8		determinations).
9		(15) ROTA, Section 8 (investigations and hearings).
10		(16) ROTA, Section 9 (witness; immunity).
11		(17) ROTA, Section 10 (issuance of subpoenas;
12		attendance of witnesses; production of books and records).
13		(18) ROTA, Section 11 (information confidential;
14		exceptions).
15		(19) ROTA, Section 12 (rules and regulations; hearing;
16		appeals), except that a care provider for persons with a
17		developmental disability developmentally disabled care
18		provider shall not be required to file a bond or be subject
19		to a lien in lieu thereof in order to seek court review
20		under the Administrative Review Law of a final assessment
21		or revised final assessment or the equivalent thereof
22		issued by the Illinois Department under this Article.
23		(b) In addition to any other remedy provided for and
24		without sending a notice of assessment liability, the Illinois
25		Department may collect an unpaid assessment by withholding, as
26		payment of the assessment, reimbursements or other amounts

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1		otherwise payable by the Illinois Department to the provider.
2		(Source: P.A. 87-861.)
3		(305 ILCS 5/5C-7) (from Ch. 23, par. 5C-7)
4		Sec. 5C-7. Care Provider Fund for Persons with a
5		Developmental Disability.
6		(a) There is created in the State Treasury the Care
7		Provider Fund for Persons with a Developmental Disability.
8		Interest earned by the Fund shall be credited to the Fund. The
9		Fund shall not be used to replace any moneys appropriated to
10		the Medicaid program by the General Assembly.
11		(b) The Fund is created for the purpose of receiving and
12		disbursing assessment moneys in accordance with this Article.
13		Disbursements from the Fund shall be made only as follows:
14		(1) For payments to intermediate care facilities for
15		persons with a developmental disability the
16		developmentally disabled under Title XIX of the Social
17		Security Act and Article V of this Code.
18		(2) For the reimbursement of moneys collected by the
19		Illinois Department through error or mistake, and to make
20		required payments under Section 5-4.28(a)(1) of this Code
21		if there are no moneys available for such payments in the
22		Medicaid Provider for Persons with a Developmental
23		Disability Developmentally Disabled Provider Participation
24		Fee Trust Fund.
25		(3) For payment of administrative expenses incurred by

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1		the Department of Human Services or its agent or the
2		Illinois Department or its agent in performing the
3		activities authorized by this Article.
4		(4) For payments of any amounts which are reimbursable
5		to the federal government for payments from this Fund which
6		are required to be paid by State warrant.
7		(5) For making transfers to the General Obligation Bond
8		Retirement and Interest Fund as those transfers are
9		authorized in the proceedings authorizing debt under the
10		Short Term Borrowing Act, but transfers made under this
11		paragraph (5) shall not exceed the principal amount of debt
12		issued in anticipation of the receipt by the State of
13		moneys to be deposited into the Fund.
14		(6) For making refunds as required under Section 5C-10
15		of this Article.
16		Disbursements from the Fund, other than transfers to the
17		General Obligation Bond Retirement and Interest Fund, shall be
18		by warrants drawn by the State Comptroller upon receipt of
19		vouchers duly executed and certified by the Illinois
20		Department.
21		(c) The Fund shall consist of the following:
22		(1) All moneys collected or received by the Illinois
23		Department from the care provider for persons with a
24		developmental disability developmentally disabled care
25		provider assessment imposed by this Article.
26		(2) All federal matching funds received by the Illinois

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1		Department as a result of expenditures made by the Illinois
2		Department that are attributable to moneys deposited in the
3		Fund.
4		(3) Any interest or penalty levied in conjunction with
5		the administration of this Article.
6		(4) Any balance in the Medicaid Care Provider for
7		Persons With a Developmental Disability Developmentally
8		Disabled Care Provider Participation Fee Trust Fund in the
9		State Treasury. The balance shall be transferred to the
10		Fund upon certification by the Illinois Department to the
11		State Comptroller that all of the disbursements required by
12		Section 5-4.21(b) of this Code have been made.
13		(5) All other moneys received for the Fund from any
14		other source, including interest earned thereon.
15		(Source: P.A. 98-463, eff. 8-16-13; 98-651, eff. 6-16-14.)
16		(305 ILCS 5/5C-8) (from Ch. 23, par. 5C-8)
17		Sec. 5C-8. Applicability. The assessment imposed by
18		Section 5C-2 shall cease to be imposed if the amount of
19		matching federal funds under Title XIX of the Social Security
20		Act is eliminated or significantly reduced on account of the
21		assessment. Assessments imposed prior thereto shall be
22		disbursed in accordance with Section 5C-7 to the extent federal
23		matching is not reduced by the assessments, and any remaining
24		assessments shall be refunded to care providers for persons
25		with a developmental disability developmentally disabled care

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1		providers in proportion to the amounts paid by them.
2		(Source: P.A. 87-861.)
3		(305 ILCS 5/5C-10)
4		Sec. 5C-10. Adjustments. For long-term care facilities for
5		persons under 22 years of age serving clinically complex
6		residents previously classified as care facilities for persons
7		with a developmental disability developmentally disabled care
8		facilities under this Article, the Department shall refund any
9		amounts paid under this Article in State fiscal year 2014 by
10		the end of State fiscal year 2015 with at least half the refund
11		amount being made prior to December 31, 2014. The amounts
12		refunded shall be based on amounts paid by the facilities to
13		the Department as the assessment under subsection (a) of
14		Section 5C-2 less any assessment and license fee due for State
15		fiscal year 2014.
16		(Source: P.A. 98-651, eff. 6-16-14.)
17		(305 ILCS 5/6-1.2) (from Ch. 23, par. 6-1.2)
18		Sec. 6-1.2. Need. Income available to the person, when
19		added to contributions in money, substance, or services from
20		other sources, including contributions from legally
21		responsible relatives, must be insufficient to equal the grant
22		amount established by Department regulation (or by local
23		governmental unit in units which do not receive State funds)
24		for such a person.

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1		In determining income to be taken into account:
2		(1) The first $75 of earned income in income assistance
3		units comprised exclusively of one adult person shall be
4		disregarded, and for not more than 3 months in any 12
5		consecutive months that portion of earned income beyond the
6		first $75 that is the difference between the standard of
7		assistance and the grant amount, shall be disregarded.
8		(2) For income assistance units not comprised
9		exclusively of one adult person, when authorized by rules
10		and regulations of the Illinois Department, a portion of
11		earned income, not to exceed the first $25 a month plus 50%
12		of the next $75, may be disregarded for the purpose of
13		stimulating and aiding rehabilitative effort and
14		self-support activity.
15		"Earned income" means money earned in self-employment or
16		wages, salary, or commission for personal services performed as
17		an employee. The eligibility of any applicant for or recipient
18		of public aid under this Article is not affected by the payment
19		of any grant under the "Senior Citizens and Persons with
20		Disabilities Disabled Persons Property Tax Relief Act", any
21		refund or payment of the federal Earned Income Tax Credit, or
22		any distributions or items of income described under
23		subparagraph (X) of paragraph (2) of subsection (a) of Section
24		203 of the Illinois Income Tax Act.
25		(Source: P.A. 97-689, eff. 6-14-12.)

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1		(305 ILCS 5/6-2) (from Ch. 23, par. 6-2)
2		Sec. 6-2. Amount of aid. The amount and nature of General
3		Assistance for basic maintenance requirements shall be
4		determined in accordance with local budget standards for local
5		governmental units which do not receive State funds. For local
6		governmental units which do receive State funds, the amount and
7		nature of General Assistance for basic maintenance
8		requirements shall be determined in accordance with the
9		standards, rules and regulations of the Illinois Department.
10		However, the amount and nature of any financial aid is not
11		affected by the payment of any grant under the Senior Citizens
12		and Persons with Disabilities Disabled Persons Property Tax
13		Relief Act or any distributions or items of income described
14		under subparagraph (X) of paragraph (2) of subsection (a) of
15		Section 203 of the Illinois Income Tax Act. Due regard shall be
16		given to the requirements and the conditions existing in each
17		case, and to the income, money contributions and other support
18		and resources available, from whatever source. In local
19		governmental units which do not receive State funds, the grant
20		shall be sufficient when added to all other income, money
21		contributions and support in excess of any excluded income or
22		resources, to provide the person with a grant in the amount
23		established for such a person by the local governmental unit
24		based upon standards meeting basic maintenance requirements.
25		In local governmental units which do receive State funds, the
26		grant shall be sufficient when added to all other income, money

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1		contributions and support in excess of any excluded income or
2		resources, to provide the person with a grant in the amount
3		established for such a person by Department regulation based
4		upon standards providing a livelihood compatible with health
5		and well-being, as directed by Section 12-4.11 of this Code.
6		The Illinois Department may conduct special projects,
7		which may be known as Grant Diversion Projects, under which
8		recipients of financial aid under this Article are placed in
9		jobs and their grants are diverted to the employer who in turn
10		makes payments to the recipients in the form of salary or other
11		employment benefits. The Illinois Department shall by rule
12		specify the terms and conditions of such Grant Diversion
13		Projects. Such projects shall take into consideration and be
14		coordinated with the programs administered under the Illinois
15		Emergency Employment Development Act.
16		The allowances provided under Article IX for recipients
17		participating in the training and rehabilitation programs
18		shall be in addition to such maximum payment.
19		Payments may also be made to provide persons receiving
20		basic maintenance support with necessary treatment, care and
21		supplies required because of illness or disability or with
22		acute medical treatment, care, and supplies. Payments for
23		necessary or acute medical care under this paragraph may be
24		made to or in behalf of the person. Obligations incurred for
25		such services but not paid for at the time of a recipient's
26		death may be paid, subject to the rules and regulations of the

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1		Illinois Department, after the death of the recipient.
2		(Source: P.A. 97-689, eff. 6-14-12.)
3		(305 ILCS 5/6-11) (from Ch. 23, par. 6-11)
4		Sec. 6-11. General Assistance.
5		(a) Effective July 1, 1992, all State funded General
6		Assistance and related medical benefits shall be governed by
7		this Section, provided that, notwithstanding any other
8		provisions of this Code to the contrary, on and after July 1,
9		2012, the State shall not fund the programs outlined in this
10		Section. Other parts of this Code or other laws related to
11		General Assistance shall remain in effect to the extent they do
12		not conflict with the provisions of this Section. If any other
13		part of this Code or other laws of this State conflict with the
14		provisions of this Section, the provisions of this Section
15		shall control.
16		(b) General Assistance may consist of 2 separate programs.
17		One program shall be for adults with no children and shall be
18		known as Transitional Assistance. The other program may be for
19		families with children and for pregnant women and shall be
20		known as Family and Children Assistance.
21		(c) (1) To be eligible for Transitional Assistance on or
22		after July 1, 1992, an individual must be ineligible for
23		assistance under any other Article of this Code, must be
24		determined chronically needy, and must be one of the following:
25		(A) age 18 or over or

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1		(B) married and living with a spouse, regardless of
2		age.
3		(2) The local governmental unit shall determine whether
4		individuals are chronically needy as follows:
5		(A) Individuals who have applied for Supplemental
6		Security Income (SSI) and are awaiting a decision on
7		eligibility for SSI who are determined to be a person with
8		a disability disabled by the Illinois Department using the
9		SSI standard shall be considered chronically needy, except
10		that individuals whose disability is based solely on
11		substance addictions (drug abuse and alcoholism) and whose
12		disability would cease were their addictions to end shall
13		be eligible only for medical assistance and shall not be
14		eligible for cash assistance under the Transitional
15		Assistance program.
16		(B) (Blank).
17		(C) The unit of local government may specify other
18		categories of individuals as chronically needy; nothing in
19		this Section, however, shall be deemed to require the
20		inclusion of any specific category other than as specified
21		in paragraph (A).
22		(3) For individuals in Transitional Assistance, medical
23		assistance may be provided by the unit of local government in
24		an amount and nature determined by the unit of local
25		government. Nothing in this paragraph (3) shall be construed to
26		require the coverage of any particular medical service. In

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1		addition, the amount and nature of medical assistance provided
2		may be different for different categories of individuals
3		determined chronically needy.
4		(4) (Blank).
5		(5) (Blank).
6		(d) (1) To be eligible for Family and Children Assistance,
7		a family unit must be ineligible for assistance under any other
8		Article of this Code and must contain a child who is:
9		(A) under age 18 or
10		(B) age 18 and a full-time student in a secondary
11		school or the equivalent level of vocational or technical
12		training, and who may reasonably be expected to complete
13		the program before reaching age 19.
14		Those children shall be eligible for Family and Children
15		Assistance.
16		(2) The natural or adoptive parents of the child living in
17		the same household may be eligible for Family and Children
18		Assistance.
19		(3) A pregnant woman whose pregnancy has been verified
20		shall be eligible for income maintenance assistance under the
21		Family and Children Assistance program.
22		(4) The amount and nature of medical assistance provided
23		under the Family and Children Assistance program shall be
24		determined by the unit of local government. The amount and
25		nature of medical assistance provided need not be the same as
26		that provided under paragraph (3) of subsection (c) of this

HB4049 Engrossed - 1223 - LRB099 03667 KTG 23678 b
1		Section, and nothing in this paragraph (4) shall be construed
2		to require the coverage of any particular medical service.
3		(5) (Blank).
4		(e) A local governmental unit that chooses to participate
5		in a General Assistance program under this Section shall
6		provide funding in accordance with Section 12-21.13 of this
7		Act. Local governmental funds used to qualify for State funding
8		may only be expended for clients eligible for assistance under
9		this Section 6-11 and related administrative expenses.
10		(f) (Blank).
11		(g) (Blank).
12		(Source: P.A. 97-689, eff. 6-14-12.)
13		(305 ILCS 5/11-20) (from Ch. 23, par. 11-20)
14		Sec. 11-20. Employment registration; duty to accept
15		employment. This Section applies to employment and training
16		programs other than those for recipients of assistance under
17		Article IV.
18		(1) Each applicant or recipient and dependent member of the
19		family age 16 or over who is able to engage in employment and
20		who is unemployed, or employed for less than the full working
21		time for the occupation in which he or she is engaged, shall
22		maintain a current registration for employment or additional
23		employment with the system of free public employment offices
24		maintained in this State by the State Department of Employment
25		Security under the Public Employment Office Act and shall

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1		utilize the job placement services and other facilities of such
2		offices unless the Illinois Department otherwise provides by
3		rule for programs administered by the Illinois Department.
4		(2) Every person age 16 or over shall be deemed "able to
5		engage in employment", as that term is used herein, unless (a)
6		the person has an illness certified by the attending
7		practitioner as precluding his or her engagement in employment
8		of any type for a time period stated in the practitioner's
9		certification; or (b) the person has a medically determinable
10		physical or mental impairment, disease or loss of indefinite
11		duration and of such severity that he or she cannot perform
12		labor or services in any type of gainful work which exists in
13		the national economy, including work adjusted for persons with
14		physical or mental disabilities handicap; or (c) the person is
15		among the classes of persons exempted by paragraph 5 of this
16		Section. A person described in clauses (a), (b) or (c) of the
17		preceding sentence shall be classified as "temporarily
18		unemployable". The Illinois Department shall provide by rule
19		for periodic review of the circumstances of persons classified
20		as "temporarily unemployable".
21		(3) The Illinois Department shall provide through rules and
22		regulations for sanctions against applicants and recipients of
23		aid under this Code who fail or refuse to cooperate, without
24		good cause, as defined by rule of the Illinois Department, to
25		accept a bona fide offer of employment in which he or she is
26		able to engage either in the community of the person's

HB4049 Engrossed - 1225 - LRB099 03667 KTG 23678 b
1		residence or within reasonable commuting distance therefrom.
2		The Illinois Department may provide by rule for the grant
3		or continuation of aid for a temporary period, if federal law
4		or regulation so permits or requires, to a person who refuses
5		employment without good cause if he or she accepts counseling
6		or other services designed to increase motivation and
7		incentives for accepting employment.
8		(4) Without limiting other criteria which the Illinois
9		Department may establish, it shall be good cause of refusal if
10		(a) the wage does not meet applicable minimum wage
11		requirements,
12		(b) there being no applicable minimum wage as
13		determined in (a), the wage is certified by the Illinois
14		Department of Labor as being less than that which is
15		appropriate for the work to be performed, or
16		(c) acceptance of the offer involves a substantial
17		threat to the health or safety of the person or any of his
18		or her dependents.
19		(5) The requirements of registration and acceptance of
20		employment shall not apply (a) to a parent or other person
21		needed at home to provide personal care and supervision to a
22		child or children unless, in accordance with the rules and
23		regulations of the Illinois Department, suitable arrangements
24		have been or can be made for such care and supervision during
25		the hours of the day the parent or other person is out of the
26		home because of employment; (b) to a person age 16 or over in

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1		regular attendance in school, as defined in Section 4-1.1; or
2		(c) to a person whose presence in the home on a substantially
3		continuous basis is required because of the illness or
4		incapacity of another member of the household.
5		(Source: P.A. 91-357, eff. 7-29-99; 92-111, eff. 1-1-02.)
6		(305 ILCS 5/12-4.42)
7		Sec. 12-4.42. Medicaid Revenue Maximization.
8		(a) Purpose. The General Assembly finds that there is a
9		need to make changes to the administration of services provided
10		by State and local governments in order to maximize federal
11		financial participation.
12		(b) Definitions. As used in this Section:
13		"Community Medicaid mental health services" means all
14		mental health services outlined in Section 132 of Title 59 of
15		the Illinois Administrative Code that are funded through DHS,
16		eligible for federal financial participation, and provided by a
17		community-based provider.
18		"Community-based provider" means an entity enrolled as a
19		provider pursuant to Sections 140.11 and 140.12 of Title 89 of
20		the Illinois Administrative Code and certified to provide
21		community Medicaid mental health services in accordance with
22		Section 132 of Title 59 of the Illinois Administrative Code.
23		"DCFS" means the Department of Children and Family
24		Services.
25		"Department" means the Illinois Department of Healthcare

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1		and Family Services.
2		"Care facility for persons with a developmental disability
3		Developmentally disabled care facility" means an intermediate
4		care facility for persons with an intellectual disability the
5		intellectually disabled within the meaning of Title XIX of the
6		Social Security Act, whether public or private and whether
7		organized for profit or not-for-profit, but shall not include
8		any facility operated by the State.
9		"Care provider for persons with a developmental disability
10		Developmentally disabled care provider" means a person
11		conducting, operating, or maintaining a care facility for
12		persons with a developmental disability developmentally
13		disabled care facility. For purposes of this definition,
14		"person" means any political subdivision of the State,
15		municipal corporation, individual, firm, partnership,
16		corporation, company, limited liability company, association,
17		joint stock association, or trust, or a receiver, executor,
18		trustee, guardian, or other representative appointed by order
19		of any court.
20		"DHS" means the Illinois Department of Human Services.
21		"Hospital" means an institution, place, building, or
22		agency located in this State that is licensed as a general
23		acute hospital by the Illinois Department of Public Health
24		under the Hospital Licensing Act, whether public or private and
25		whether organized for profit or not-for-profit.
26		"Long term care facility" means (i) a skilled nursing or

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1		intermediate long term care facility, whether public or private
2		and whether organized for profit or not-for-profit, that is
3		subject to licensure by the Illinois Department of Public
4		Health under the Nursing Home Care Act, including a county
5		nursing home directed and maintained under Section 5-1005 of
6		the Counties Code, and (ii) a part of a hospital in which
7		skilled or intermediate long term care services within the
8		meaning of Title XVIII or XIX of the Social Security Act are
9		provided; except that the term "long term care facility" does
10		not include a facility operated solely as an intermediate care
11		facility for the intellectually disabled within the meaning of
12		Title XIX of the Social Security Act.
13		"Long term care provider" means (i) a person licensed by
14		the Department of Public Health to operate and maintain a
15		skilled nursing or intermediate long term care facility or (ii)
16		a hospital provider that provides skilled or intermediate long
17		term care services within the meaning of Title XVIII or XIX of
18		the Social Security Act. For purposes of this definition,
19		"person" means any political subdivision of the State,
20		municipal corporation, individual, firm, partnership,
21		corporation, company, limited liability company, association,
22		joint stock association, or trust, or a receiver, executor,
23		trustee, guardian, or other representative appointed by order
24		of any court.
25		"State-operated facility for persons with a developmental
26		disability developmentally disabled care facility" means an

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1		intermediate care facility for persons with an intellectual
2		disability the intellectually disabled within the meaning of
3		Title XIX of the Social Security Act operated by the State.
4		(c) Administration and deposit of Revenues. The Department
5		shall coordinate the implementation of changes required by this
6		amendatory Act of the 96th General Assembly amongst the various
7		State and local government bodies that administer programs
8		referred to in this Section.
9		Revenues generated by program changes mandated by any
10		provision in this Section, less reasonable administrative
11		costs associated with the implementation of these program
12		changes, which would otherwise be deposited into the General
13		Revenue Fund shall be deposited into the Healthcare Provider
14		Relief Fund.
15		The Department shall issue a report to the General Assembly
16		detailing the implementation progress of this amendatory Act of
17		the 96th General Assembly as a part of the Department's Medical
18		Programs annual report for fiscal years 2010 and 2011.
19		(d) Acceleration of payment vouchers. To the extent
20		practicable and permissible under federal law, the Department
21		shall create all vouchers for long term care facilities and
22		facilities for persons with a developmental disability
23		developmentally disabled care facilities for dates of service
24		in the month in which the enhanced federal medical assistance
25		percentage (FMAP) originally set forth in the American Recovery
26		and Reinvestment Act (ARRA) expires and for dates of service in

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1		the month prior to that month and shall, no later than the 15th
2		of the month in which the enhanced FMAP expires, submit these
3		vouchers to the Comptroller for payment.
4		The Department of Human Services shall create the necessary
5		documentation for State-operated facilities for persons with a
6		developmental disability developmentally disabled care
7		facilities so that the necessary data for all dates of service
8		before the expiration of the enhanced FMAP originally set forth
9		in the ARRA can be adjudicated by the Department no later than
10		the 15th of the month in which the enhanced FMAP expires.
11		(e) Billing of DHS community Medicaid mental health
12		services. No later than July 1, 2011, community Medicaid mental
13		health services provided by a community-based provider must be
14		billed directly to the Department.
15		(f) DCFS Medicaid services. The Department shall work with
16		DCFS to identify existing programs, pending qualifying
17		services, that can be converted in an economically feasible
18		manner to Medicaid in order to secure federal financial
19		revenue.
20		(g) Third Party Liability recoveries. The Department shall
21		contract with a vendor to support the Department in
22		coordinating benefits for Medicaid enrollees. The scope of work
23		shall include, at a minimum, the identification of other
24		insurance for Medicaid enrollees and the recovery of funds paid
25		by the Department when another payer was liable. The vendor may
26		be paid a percentage of actual cash recovered when practical

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1		and subject to federal law.
2		(h) Public health departments. The Department shall
3		identify unreimbursed costs for persons covered by Medicaid who
4		are served by the Chicago Department of Public Health.
5		The Department shall assist the Chicago Department of
6		Public Health in determining total unreimbursed costs
7		associated with the provision of healthcare services to
8		Medicaid enrollees.
9		The Department shall determine and draw the maximum
10		allowable federal matching dollars associated with the cost of
11		Chicago Department of Public Health services provided to
12		Medicaid enrollees.
13		(i) Acceleration of hospital-based payments. The
14		Department shall, by the 10th day of the month in which the
15		enhanced FMAP originally set forth in the ARRA expires, create
16		vouchers for all State fiscal year 2011 hospital payments
17		exempt from the prompt payment requirements of the ARRA. The
18		Department shall submit these vouchers to the Comptroller for
19		payment.
20		(Source: P.A. 96-1405, eff. 7-29-10; 97-48, eff. 6-28-11;
21		97-227, eff. 1-1-12; 97-333, eff. 8-12-11; 97-813, eff.
22		7-13-12.)
23		(305 ILCS 5/12-5) (from Ch. 23, par. 12-5)
24		Sec. 12-5. Appropriations; uses; federal grants; report to
25		General Assembly. From the sums appropriated by the General

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1		Assembly, the Illinois Department shall order for payment by
2		warrant from the State Treasury grants for public aid under
3		Articles III, IV, and V, including grants for funeral and
4		burial expenses, and all costs of administration of the
5		Illinois Department and the County Departments relating
6		thereto. Moneys appropriated to the Illinois Department for
7		public aid under Article VI may be used, with the consent of
8		the Governor, to co-operate with federal, State, and local
9		agencies in the development of work projects designed to
10		provide suitable employment for persons receiving public aid
11		under Article VI. The Illinois Department, with the consent of
12		the Governor, may be the agent of the State for the receipt and
13		disbursement of federal funds or commodities for public aid
14		purposes under Article VI and for related purposes in which the
15		co-operation of the Illinois Department is sought by the
16		federal government, and, in connection therewith, may make
17		necessary expenditures from moneys appropriated for public aid
18		under any Article of this Code and for administration. The
19		Illinois Department, with the consent of the Governor, may be
20		the agent of the State for the receipt and disbursement of
21		federal funds pursuant to the Immigration Reform and Control
22		Act of 1986 and may make necessary expenditures from monies
23		appropriated to it for operations, administration, and grants,
24		including payment to the Health Insurance Reserve Fund for
25		group insurance costs at the rate certified by the Department
26		of Central Management Services. All amounts received by the

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1		Illinois Department pursuant to the Immigration Reform and
2		Control Act of 1986 shall be deposited in the Immigration
3		Reform and Control Fund. All amounts received into the
4		Immigration Reform and Control Fund as reimbursement for
5		expenditures from the General Revenue Fund shall be transferred
6		to the General Revenue Fund.
7		All grants received by the Illinois Department for programs
8		funded by the Federal Social Services Block Grant shall be
9		deposited in the Social Services Block Grant Fund. All funds
10		received into the Social Services Block Grant Fund as
11		reimbursement for expenditures from the General Revenue Fund
12		shall be transferred to the General Revenue Fund. All funds
13		received into the Social Services Block Grant fund for
14		reimbursement for expenditure out of the Local Initiative Fund
15		shall be transferred into the Local Initiative Fund. Any other
16		federal funds received into the Social Services Block Grant
17		Fund shall be transferred to the Special Purposes Trust Fund.
18		All federal funds received by the Illinois Department as
19		reimbursement for Employment and Training Programs for
20		expenditures made by the Illinois Department from grants,
21		gifts, or legacies as provided in Section 12-4.18 or made by an
22		entity other than the Illinois Department shall be deposited
23		into the Employment and Training Fund, except that federal
24		funds received as reimbursement as a result of the
25		appropriation made for the costs of providing adult education
26		to public assistance recipients under the "Adult Education,

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1		Public Assistance Fund" shall be deposited into the General
2		Revenue Fund; provided, however, that all funds, except those
3		that are specified in an interagency agreement between the
4		Illinois Community College Board and the Illinois Department,
5		that are received by the Illinois Department as reimbursement
6		under Title IV-A of the Social Security Act for expenditures
7		that are made by the Illinois Community College Board or any
8		public community college of this State shall be credited to a
9		special account that the State Treasurer shall establish and
10		maintain within the Employment and Training Fund for the
11		purpose of segregating the reimbursements received for
12		expenditures made by those entities. As reimbursements are
13		deposited into the Employment and Training Fund, the Illinois
14		Department shall certify to the State Comptroller and State
15		Treasurer the amount that is to be credited to the special
16		account established within that Fund as a reimbursement for
17		expenditures under Title IV-A of the Social Security Act made
18		by the Illinois Community College Board or any of the public
19		community colleges. All amounts credited to the special account
20		established and maintained within the Employment and Training
21		Fund as provided in this Section shall be held for transfer to
22		the TANF Opportunities Fund as provided in subsection (d) of
23		Section 12-10.3, and shall not be transferred to any other fund
24		or used for any other purpose.
25		Eighty percent of the federal financial participation
26		funds received by the Illinois Department under the Title IV-A

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1		Emergency Assistance program as reimbursement for expenditures
2		made from the Illinois Department of Children and Family
3		Services appropriations for the costs of providing services in
4		behalf of Department of Children and Family Services clients
5		shall be deposited into the DCFS Children's Services Fund.
6		All federal funds, except those covered by the foregoing 3
7		paragraphs, received as reimbursement for expenditures from
8		the General Revenue Fund shall be deposited in the General
9		Revenue Fund for administrative and distributive expenditures
10		properly chargeable by federal law or regulation to aid
11		programs established under Articles III through XII and Titles
12		IV, XVI, XIX and XX of the Federal Social Security Act. Any
13		other federal funds received by the Illinois Department under
14		Sections 12-4.6, 12-4.18 and 12-4.19 that are required by
15		Section 12-10 of this Code to be paid into the Special Purposes
16		Trust Fund shall be deposited into the Special Purposes Trust
17		Fund. Any other federal funds received by the Illinois
18		Department pursuant to the Child Support Enforcement Program
19		established by Title IV-D of the Social Security Act shall be
20		deposited in the Child Support Enforcement Trust Fund as
21		required under Section 12-10.2 or in the Child Support
22		Administrative Fund as required under Section 12-10.2a of this
23		Code. Any other federal funds received by the Illinois
24		Department for medical assistance program expenditures made
25		under Title XIX of the Social Security Act and Article V of
26		this Code that are required by Section 5-4.21 of this Code to

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1		be paid into the Medicaid Provider for Persons with a
2		Developmental Disability Developmentally Disabled Provider
3		Participation Fee Trust Fund shall be deposited into the
4		Medicaid Provider for Persons with a Developmental Disability
5		Developmentally Disabled Provider Participation Fee Trust
6		Fund. Any other federal funds received by the Illinois
7		Department for medical assistance program expenditures made
8		under Title XIX of the Social Security Act and Article V of
9		this Code that are required by Section 5-4.31 of this Code to
10		be paid into the Medicaid Long Term Care Provider Participation
11		Fee Trust Fund shall be deposited into the Medicaid Long Term
12		Care Provider Participation Fee Trust Fund. Any other federal
13		funds received by the Illinois Department for hospital
14		inpatient, hospital ambulatory care, and disproportionate
15		share hospital expenditures made under Title XIX of the Social
16		Security Act and Article V of this Code that are required by
17		Section 14-2 of this Code to be paid into the Hospital Services
18		Trust Fund shall be deposited into the Hospital Services Trust
19		Fund. Any other federal funds received by the Illinois
20		Department for expenditures made under Title XIX of the Social
21		Security Act and Articles V and VI of this Code that are
22		required by Section 15-2 of this Code to be paid into the
23		County Provider Trust Fund shall be deposited into the County
24		Provider Trust Fund. Any other federal funds received by the
25		Illinois Department for hospital inpatient, hospital
26		ambulatory care, and disproportionate share hospital

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1		expenditures made under Title XIX of the Social Security Act
2		and Article V of this Code that are required by Section 5A-8 of
3		this Code to be paid into the Hospital Provider Fund shall be
4		deposited into the Hospital Provider Fund. Any other federal
5		funds received by the Illinois Department for medical
6		assistance program expenditures made under Title XIX of the
7		Social Security Act and Article V of this Code that are
8		required by Section 5B-8 of this Code to be paid into the
9		Long-Term Care Provider Fund shall be deposited into the
10		Long-Term Care Provider Fund. Any other federal funds received
11		by the Illinois Department for medical assistance program
12		expenditures made under Title XIX of the Social Security Act
13		and Article V of this Code that are required by Section 5C-7 of
14		this Code to be paid into the Care Provider Fund for Persons
15		with a Developmental Disability shall be deposited into the
16		Care Provider Fund for Persons with a Developmental Disability.
17		Any other federal funds received by the Illinois Department for
18		trauma center adjustment payments that are required by Section
19		5-5.03 of this Code and made under Title XIX of the Social
20		Security Act and Article V of this Code shall be deposited into
21		the Trauma Center Fund. Any other federal funds received by the
22		Illinois Department as reimbursement for expenses for early
23		intervention services paid from the Early Intervention
24		Services Revolving Fund shall be deposited into that Fund.
25		The Illinois Department shall report to the General
26		Assembly at the end of each fiscal quarter the amount of all

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1		funds received and paid into the Social Service Block Grant
2		Fund and the Local Initiative Fund and the expenditures and
3		transfers of such funds for services, programs and other
4		purposes authorized by law. Such report shall be filed with the
5		Speaker, Minority Leader and Clerk of the House, with the
6		President, Minority Leader and Secretary of the Senate, with
7		the Chairmen of the House and Senate Appropriations Committees,
8		the House Human Resources Committee and the Senate Public
9		Health, Welfare and Corrections Committee, or the successor
10		standing Committees of each as provided by the rules of the
11		House and Senate, respectively, with the Legislative Research
12		Unit and with the State Government Report Distribution Center
13		for the General Assembly as is required under paragraph (t) of
14		Section 7 of the State Library Act shall be deemed sufficient
15		to comply with this Section.
16		(Source: P.A. 98-463, eff. 8-16-13.)
17		Section 645. The Energy Assistance Act is amended by
18		changing Section 6 as follows:
19		(305 ILCS 20/6) (from Ch. 111 2/3, par. 1406)
20		Sec. 6. Eligibility, Conditions of Participation, and
21		Energy Assistance.
22		(a) Any person who is a resident of the State of Illinois
23		and whose household income is not greater than an amount
24		determined annually by the Department, in consultation with the

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1		Policy Advisory Council, may apply for assistance pursuant to
2		this Act in accordance with regulations promulgated by the
3		Department. In setting the annual eligibility level, the
4		Department shall consider the amount of available funding and
5		may not set a limit higher than 150% of the federal nonfarm
6		poverty level as established by the federal Office of
7		Management and Budget; except that for the period ending June
8		30, 2013, the Department may not establish limits higher than
9		200% of that poverty level or the maximum level provided for by
10		federal guidelines.
11		(b) Applicants who qualify for assistance pursuant to
12		subsection (a) of this Section shall, subject to appropriation
13		from the General Assembly and subject to availability of funds
14		to the Department, receive energy assistance as provided by
15		this Act. The Department, upon receipt of monies authorized
16		pursuant to this Act for energy assistance, shall commit funds
17		for each qualified applicant in an amount determined by the
18		Department. In determining the amounts of assistance to be
19		provided to or on behalf of a qualified applicant, the
20		Department shall ensure that the highest amounts of assistance
21		go to households with the greatest energy costs in relation to
22		household income. The Department shall include factors such as
23		energy costs, household size, household income, and region of
24		the State when determining individual household benefits. In
25		setting assistance levels, the Department shall attempt to
26		provide assistance to approximately the same number of

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1		households who participated in the 1991 Residential Energy
2		Assistance Partnership Program. Such assistance levels shall
3		be adjusted annually on the basis of funding availability and
4		energy costs. In promulgating rules for the administration of
5		this Section the Department shall assure that a minimum of 1/3
6		of funds available for benefits to eligible households with the
7		lowest incomes and that elderly households and households with
8		persons with disabilities and disabled households are offered a
9		priority application period.
10		(c) If the applicant is not a customer of record of an
11		energy provider for energy services or an applicant for such
12		service, such applicant shall receive a direct energy
13		assistance payment in an amount established by the Department
14		for all such applicants under this Act; provided, however, that
15		such an applicant must have rental expenses for housing greater
16		than 30% of household income.
17		(c-1) This subsection shall apply only in cases where: (1)
18		the applicant is not a customer of record of an energy provider
19		because energy services are provided by the owner of the unit
20		as a portion of the rent; (2) the applicant resides in housing
21		subsidized or developed with funds provided under the Rental
22		Housing Support Program Act or under a similar locally funded
23		rent subsidy program, or is the voucher holder who resides in a
24		rental unit within the State of Illinois and whose monthly rent
25		is subsidized by the tenant-based Housing Choice Voucher
26		Program under Section 8 of the U.S. Housing Act of 1937; and

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1		(3) the rental expenses for housing are no more than 30% of
2		household income. In such cases, the household may apply for an
3		energy assistance payment under this Act and the owner of the
4		housing unit shall cooperate with the applicant by providing
5		documentation of the energy costs for that unit. Any
6		compensation paid to the energy provider who supplied energy
7		services to the household shall be paid on behalf of the owner
8		of the housing unit providing energy services to the household.
9		The Department shall report annually to the General Assembly on
10		the number of households receiving energy assistance under this
11		subsection and the cost of such assistance. The provisions of
12		this subsection (c-1), other than this sentence, are
13		inoperative after August 31, 2012.
14		(d) If the applicant is a customer of an energy provider,
15		such applicant shall receive energy assistance in an amount
16		established by the Department for all such applicants under
17		this Act, such amount to be paid by the Department to the
18		energy provider supplying winter energy service to such
19		applicant. Such applicant shall:
20		(i) make all reasonable efforts to apply to any other
21		appropriate source of public energy assistance; and
22		(ii) sign a waiver permitting the Department to receive
23		income information from any public or private agency
24		providing income or energy assistance and from any
25		employer, whether public or private.
26		(e) Any qualified applicant pursuant to this Section may

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1		receive or have paid on such applicant's behalf an emergency
2		assistance payment to enable such applicant to obtain access to
3		winter energy services. Any such payments shall be made in
4		accordance with regulations of the Department.
5		(f) The Department may, if sufficient funds are available,
6		provide additional benefits to certain qualified applicants:
7		(i) for the reduction of past due amounts owed to
8		energy providers; and
9		(ii) to assist the household in responding to
10		excessively high summer temperatures or energy costs.
11		Households containing elderly members, children, a person
12		with a disability, or a person with a medical need for
13		conditioned air shall receive priority for receipt of such
14		benefits.
15		(Source: P.A. 96-154, eff. 1-1-10; 96-157, eff. 9-1-09;
16		96-1000, eff. 7-2-10; 97-721, eff. 6-29-12.)
17		Section 650. The Medicaid Revenue Act is amended by
18		changing Section 1-2 as follows:
19		(305 ILCS 35/1-2) (from Ch. 23, par. 7051-2)
20		Sec. 1-2. Legislative finding and declaration. The General
21		Assembly hereby finds, determines, and declares:
22		(1) It is in the public interest and it is the public
23		policy of this State to provide for and improve the basic
24		medical care and long-term health care services of its

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1		indigent, most vulnerable citizens.
2		(2) Preservation of health, alleviation of sickness,
3		and correction of disabling handicapping conditions for
4		persons requiring maintenance support are essential if
5		those persons are to have an opportunity to become
6		self-supporting or to attain a greater capacity for
7		self-care.
8		(3) For persons who are medically indigent but
9		otherwise able to provide themselves a livelihood, it is of
10		special importance to maintain their incentives for
11		continued independence and preserve their limited
12		resources for ordinary maintenance needed to prevent their
13		total or substantial dependence on public support.
14		(4) The State has historically provided for care and
15		services, in conjunction with the federal government,
16		through the establishment and funding of a medical
17		assistance program administered by the Department of
18		Healthcare and Family Services (formerly Department of
19		Public Aid) and approved by the Secretary of Health and
20		Human Services under Title XIX of the federal Social
21		Security Act, that program being commonly referred to as
22		"Medicaid".
23		(5) The Medicaid program is a funding partnership
24		between the State of Illinois and the federal government,
25		with the Department of Healthcare and Family Services being
26		designated as the single State agency responsible for the

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1		administration of the program, but with the State
2		historically receiving 50% of the amounts expended as
3		medical assistance under the Medicaid program from the
4		federal government.
5		(6) To raise a portion of Illinois' share of the
6		Medicaid funds after July 1, 1991, the General Assembly
7		enacted Public Act 87-13 to provide for the collection of
8		provider participation fees from designated health care
9		providers receiving Medicaid payments.
10		(7) On September 12, 1991, the Secretary of Health and
11		Human Services proposed regulations that could have
12		reduced the federal matching of Medicaid expenditures
13		incurred on or after January 1, 1992 by the portion of the
14		expenditures paid from funds raised through the provider
15		participation fees.
16		(8) To prevent the Secretary from enacting those
17		regulations but at the same time to impose certain
18		statutory limitations on the means by which states may
19		raise Medicaid funds eligible for federal matching,
20		Congress enacted the Medicaid Voluntary Contribution and
21		Provider-Specific Tax Amendments of 1991, Public Law
22		102-234.
23		(9) Public Law 102-234 provides for a state's share of
24		Medicaid funding eligible for federal matching to be raised
25		through "broad-based health care related taxes", meaning,
26		generally, a tax imposed with respect to a class of health

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1		care items or services (or providers thereof) specified
2		therein, which (i) is imposed on all items or services or
3		providers in the class in the state, except federal or
4		public providers, and (ii) is imposed uniformly on all
5		providers in the class at the same rate with respect to the
6		same base.
7		(10) The separate classes of health care items and
8		services established by P.L. 102-234 include inpatient and
9		outpatient hospital services, nursing facility services,
10		and services of intermediate care facilities for persons
11		with intellectual disabilities the intellectually
12		disabled.
13		(11) The provider participation fees imposed under
14		P.A. 87-13 may not meet the standards under P.L. 102-234.
15		(12) The resulting hospital Medicaid reimbursement
16		reductions may force the closure of some hospitals now
17		serving a disproportionately high number of the needy, who
18		would then have to be cared for by remaining hospitals at
19		substantial cost to those remaining hospitals.
20		(13) The hospitals in the State are all part of and
21		benefit from a hospital system linked together in a number
22		of ways, including common licensing and regulation, health
23		care standards, education, research and disease control
24		reporting, patient transfers for specialist care, and
25		organ donor networks.
26		(14) Each hospital's patient population demographics,

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1		including the proportion of patients whose care is paid by
2		Medicaid, is subject to change over time.
3		(15) Hospitals in the State have a special interest in
4		the payment of adequate reimbursement levels for hospital
5		care by Medicaid.
6		(16) Most hospitals are exempt from payment of most
7		federal, State, and local income, sales, property, and
8		other taxes.
9		(17) The hospital assessment enacted by this Act under
10		the guidelines of P.L. 102-234 is the most efficient means
11		of raising the federally matchable funds needed for
12		hospital care reimbursement.
13		(18) Cook County Hospital and Oak Forest Hospital are
14		public hospitals owned and operated by Cook County with
15		unique fiscal problems, including a patient population
16		that is primarily Medicaid or altogether nonpaying, that
17		make an intergovernmental transfer payment arrangement a
18		more appropriate means of financing than the regular
19		hospital assessment and reimbursement provisions.
20		(19) Sole community hospitals provide access to
21		essential care that would otherwise not be reasonably
22		available in the community they serve, such that imposition
23		of assessments on them in their precarious financial
24		circumstances may force their closure and have the effect
25		of reducing access to health care.
26		(20) Each nursing home's resident population

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1		demographics, including the proportion of residents whose
2		care is paid by Medicaid, is subject to change over time in
3		that, among other things, residents currently able to pay
4		the cost of nursing home care may become dependent on
5		Medicaid support for continued care and services as
6		resources are depleted.
7		(21) As the citizens of the State age, increased
8		pressures will be placed on limited facilities to provide
9		reasonable levels of care for a greater number of geriatric
10		residents, and all involved in the nursing home industry,
11		providers and residents, have a special interest in the
12		maintenance of adequate Medicaid support for all nursing
13		facilities.
14		(22) The assessments on nursing homes enacted by this
15		Act under the guidelines of P.L. 102-234 are the most
16		efficient means of raising the federally matchable funds
17		needed for nursing home care reimbursement.
18		(23) All intermediate care facilities for persons with
19		developmental disabilities receive a high degree of
20		Medicaid support and benefits and therefore have a special
21		interest in the maintenance of adequate Medicaid support.
22		(24) The assessments on intermediate care facilities
23		for persons with developmental disabilities enacted by
24		this Act under the guidelines of P.L. 102-234 are the most
25		efficient means of raising the federally matchable funds
26		needed for reimbursement of providers of intermediate care

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1		for persons with developmental disabilities.
2		(Source: P.A. 97-227, eff. 1-1-12.)
3		Section 655. The Nutrition Outreach and Public Education
4		Act is amended by changing Section 10 as follows:
5		(305 ILCS 42/10)
6		Sec. 10. Definitions. As used in this Act, unless the
7		context requires otherwise:
8		"At-risk populations" means populations including but not
9		limited to families with children receiving aid under Article
10		IV of the Illinois Public Aid Code, households receiving
11		federal supplemental security income payments, households with
12		incomes at or below 185% of the poverty guidelines updated
13		annually in the Federal Register by the U.S. Department of
14		Health and Human Services under authority of Section 673(2) of
15		the Omnibus Budget Reconciliation Act of 1981, recipients of
16		emergency food, elderly persons or persons with disabilities or
17		disabled persons, homeless persons, unemployed persons, and
18		families and persons residing in rural households who are at
19		risk of nutritional deficiencies.
20		"Secretary" means the Secretary of Human Services.
21		"Food assistance programs" means programs including but
22		not limited to the food stamp program, school breakfast and
23		lunch programs, child care food programs, summer food service
24		programs, the special supplemental programs for women, infants

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1		and children, congregate meal programs, and home-delivered
2		meal programs.
3		"High-risk area" means any county or urban area where a
4		significant percentage or number of those potentially eligible
5		for food assistance programs are not participating in such
6		programs.
7		(Source: P.A. 93-555, eff. 1-1-04.)
8		Section 660. The Housing Authorities Act is amended by
9		changing Section 8.15 as follows:
10		(310 ILCS 10/8.15) (from Ch. 67 1/2, par. 8.15)
11		Sec. 8.15. A Housing Authority may, subject to written
12		approval by the Department, acquire by purchase, condemnation
13		or otherwise any improved or unimproved real property, the
14		acquisition of which is necessary or appropriate for the
15		implementation of a conservation plan for a conservation area
16		as defined in this Act; to remove or demolish substandard or
17		other buildings and structures from the property so acquired;
18		to hold, improve, mortgage and manage such properties; and to
19		sell, lease, or exchange such properties, provided that
20		contracts for repair, improvement or rehabilitation of
21		existing improvements as may be required by the conservation
22		plan to be done by the Authority involving in excess of $1,000
23		shall be let by free and competitive bidding to the lowest
24		responsible bidder upon such bond and subject to such

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1		regulations as may be set by the Department and to the written
2		approval of the Department, and provided further that all new
3		construction for occupancy and use other than by any municipal
4		corporation or county or subdivision thereof shall be on land
5		privately owned.
6		The acquisition, use or disposition of any real property
7		must conform to a conservation plan developed and approved as
8		provided in Section 8.14. In case of the sale or lease of any
9		real property acquired under a conservation plan, the buyer or
10		lessee must as a condition of sale or lease agree to improve
11		and use the property according to the conservation plan, and
12		such agreement may be made a covenant running with the land,
13		and on order of the Authority and written approval from the
14		Department the agreement shall be made a covenant running with
15		the land. No lease or deed of conveyance either by the
16		Authority or any subsequent owner shall contain a covenant
17		running with the land or other provision prohibiting occupancy
18		of the premises by any person because of race, creed, color,
19		religion, mental or physical disability handicap, national
20		origin or sex.
21		The Authority shall by public notice by publication once a
22		week for 2 consecutive weeks in a newspaper having general
23		circulation in the municipality or county prior to the
24		execution of any contract to sell, lease or otherwise transfer
25		real property and prior to the delivery of any instrument of
26		conveyance with respect thereto, invite proposals from and make

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1		available all pertinent information to redevelopers or any
2		person interested in undertaking to redevelop or rehabilitate a
3		conservation area, or any part thereof; provided that, in
4		municipalities or counties in which no newspaper is published,
5		publication may be made by posting a notice in 3 prominent
6		places within the municipality or county. The notice shall
7		contain a description of the conservation area, the details of
8		the conservation plan relating to the property which the
9		purchaser shall undertake in writing to carry out, and such
10		undertakings as the Authority and the Department may deem
11		necessary to obligate the purchaser, his or her successors and
12		assigns (1) to use the property for the purposes designated in
13		the conservation plan, (2) to commence and complete the
14		improvement, repair, rehabilitation or construction of the
15		improvements within the periods of time which the Authority
16		with written approval from the Department fixes as reasonable
17		and (3) to comply with such other conditions as are necessary
18		to carry out the purpose of the conservation project.
19		The Authority may negotiate with any persons for proposals
20		for the purchase, lease or other transfer of any real property
21		acquired by it and shall consider all redevelopment and
22		rehabilitation proposals submitted to it and the financial and
23		legal ability of the persons making such proposals to carry
24		them out. The Authority subject to written approval from the
25		Department, at a public meeting, notice of which shall have
26		been published in a newspaper of general circulation within the

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1		municipality or county at least 15 but not more than 30 days
2		prior to such meeting, may accept such proposals as it deems to
3		be in the public interest and in furtherance of the purposes of
4		this Act.
5		All sales or leases of real property shall be made at not
6		less than fair use value. No sale of real property acquired
7		pursuant to this section shall be made without the approval of
8		a majority of the Commissioners of the Authority and written
9		approval from the Department. No property shall be held for
10		more than 5 years, after which the property shall be sold to
11		the highest bidder at public sale. The Authority may employ
12		competent real estate management firms to manage such
13		properties as may be required, or the Authority may manage such
14		properties.
15		(Source: P.A. 81-1509.)
16		Section 665. The Illinois Affordable Housing Act is amended
17		by changing Section 8 as follows:
18		(310 ILCS 65/8) (from Ch. 67 1/2, par. 1258)
19		Sec. 8. Uses of Trust Fund.
20		(a) Subject to annual appropriation to the Funding Agent
21		and subject to the prior dedication, allocation, transfer and
22		use of Trust Fund Moneys as provided in Sections 8(b), 8(c) and
23		9 of this Act, the Trust Fund may be used to make grants,
24		mortgages, or other loans to acquire, construct, rehabilitate,

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1		develop, operate, insure, and retain affordable single-family
2		and multi-family housing in this State for low-income and very
3		low-income households. The majority of monies appropriated to
4		the Trust Fund in any given year are to be used for affordable
5		housing for very low-income households. For the fiscal years
6		2007, 2008, and 2009 only, the Department of Human Services is
7		authorized to receive appropriations and spend moneys from the
8		Illinois Affordable Housing Trust Fund for the purpose of
9		developing and coordinating public and private resources
10		targeted to meet the affordable housing needs of low-income,
11		very low-income, and special needs households in the State of
12		Illinois.
13		(b) For each fiscal year commencing with fiscal year 1994,
14		the Program Administrator shall certify from time to time to
15		the Funding Agent, the Comptroller and the State Treasurer
16		amounts, up to an aggregate in any fiscal year of $10,000,000,
17		of Trust Fund Moneys expected to be used or pledged by the
18		Program Administrator during the fiscal year for the purposes
19		and uses specified in Sections 8(c) and 9 of this Act. Subject
20		to annual appropriation, upon receipt of such certification,
21		the Funding Agent and the Comptroller shall dedicate and the
22		State Treasurer shall transfer not less often than monthly to
23		the Program Administrator or its designated payee, without
24		requisition or further request therefor, all amounts
25		accumulated in the Trust Fund within the State Treasury and not
26		already transferred to the Loan Commitment Account prior to the

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1		Funding Agent's receipt of such certification, until the
2		Program Administrator has received the aggregate amount
3		certified by the Program Administrator, to be used solely for
4		the purposes and uses authorized and provided in Sections 8(c)
5		and 9 of this Act. Neither the Comptroller nor the Treasurer
6		shall transfer, dedicate or allocate any of the Trust Fund
7		Moneys transferred or certified for transfer by the Program
8		Administrator as provided above to any other fund, nor shall
9		the Governor authorize any such transfer, dedication or
10		allocation, nor shall any of the Trust Fund Moneys so
11		dedicated, allocated or transferred be used, temporarily or
12		otherwise, for interfund borrowing, or be otherwise used or
13		appropriated, except as expressly authorized and provided in
14		Sections 8(c) and 9 of this Act for the purposes and subject to
15		the priorities, limitations and conditions provided for
16		therein until such obligations, uses and dedications as therein
17		provided, have been satisfied.
18		(c) Notwithstanding Section 5(b) of this Act, any Trust
19		Fund Moneys transferred to the Program Administrator pursuant
20		to Section 8(b) of this Act, or otherwise obtained, paid to or
21		held by or for the Program Administrator, or pledged pursuant
22		to resolution of the Program Administrator, for Affordable
23		Housing Program Trust Fund Bonds or Notes under the Illinois
24		Housing Development Act, and all proceeds, payments and
25		receipts from investments or use of such moneys, including any
26		residual or additional funds or moneys generated or obtained in

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1		connection with any of the foregoing, may be held, pledged,
2		applied or dedicated by the Program Administrator as follows:
3		(1) as required by the terms of any pledge of or
4		resolution of the Program Administrator authorized under
5		Section 9 of this Act in connection with Affordable Housing
6		Program Trust Fund Bonds or Notes issued pursuant to the
7		Illinois Housing Development Act;
8		(2) to or for costs of issuance and administration and
9		the payments of any principal, interest, premium or other
10		amounts or expenses incurred or accrued in connection with
11		Affordable Housing Program Trust Fund Bonds or Notes,
12		including rate protection contracts and credit support
13		arrangements pertaining thereto, and, provided such
14		expenses, fees and charges are obligations, whether
15		recourse or nonrecourse, and whether financed with or paid
16		from the proceeds of Affordable Housing Program Trust Fund
17		Bonds or Notes, of the developers, mortgagors or other
18		users, the Program Administrator's expenses and servicing,
19		administration and origination fees and charges in
20		connection with any loans, mortgages, or developments
21		funded or financed or expected to be funded or financed, in
22		whole or in part, from the issuance of Affordable Housing
23		Program Trust Fund Bonds or Notes;
24		(3) to or for costs of issuance and administration and
25		the payments of principal, interest, premium, loan fees,
26		and other amounts or other obligations of the Program

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1		Administrator, including rate protection contracts and
2		credit support arrangements pertaining thereto, for loans,
3		commercial paper or other notes or bonds issued by the
4		Program Administrator pursuant to the Illinois Housing
5		Development Act, provided that the proceeds of such loans,
6		commercial paper or other notes or bonds are paid or
7		expended in connection with, or refund or repay, loans,
8		commercial paper or other notes or bonds issued or made in
9		connection with bridge loans or loans for the construction,
10		renovation, redevelopment, restructuring, reorganization
11		of Affordable Housing and related expenses, including
12		development costs, technical assistance, or other amounts
13		to construct, preserve, improve, renovate, rehabilitate,
14		refinance, or assist Affordable Housing, including
15		financially troubled Affordable Housing, permanent or
16		other financing for which has been funded or financed or is
17		expected to be funded or financed in whole or in part by
18		the Program Administrator through the issuance of or use of
19		proceeds from Affordable Housing Program Trust Fund Bonds
20		or Notes;
21		(4) to or for direct expenditures or reimbursement for
22		development costs, technical assistance, or other amounts
23		to construct, preserve, improve, renovate, rehabilitate,
24		refinance, or assist Affordable Housing, including
25		financially troubled Affordable Housing, permanent or
26		other financing for which has been funded or financed or is

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1		expected to be funded or financed in whole or in part by
2		the Program Administrator through the issuance of or use of
3		proceeds from Affordable Housing Program Trust Fund Bonds
4		or Notes; and
5		(5) for deposit into any residual, sinking, reserve or
6		revolving fund or pool established by the Program
7		Administrator, whether or not pledged to secure Affordable
8		Housing Program Trust Fund Bonds or Notes, to support or be
9		utilized for the issuance, redemption, or payment of the
10		principal, interest, premium or other amounts payable on or
11		with respect to any existing, additional or future
12		Affordable Housing Program Trust Fund Bonds or Notes, or to
13		or for any other expenditure authorized by this Section
14		8(c).
15		(d) All or a portion of the Trust Fund Moneys on deposit or
16		to be deposited in the Trust Fund not already certified for
17		transfer or transferred to the Program Administrator pursuant
18		to Section 8(b) of this Act may be used to secure the repayment
19		of Affordable Housing Program Trust Fund Bonds or Notes, or
20		otherwise to supplement or support Affordable Housing funded or
21		financed or intended to be funded or financed, in whole or in
22		part, by Affordable Housing Program Trust Fund Bonds or Notes.
23		(e) Assisted housing may include housing for special needs
24		populations such as the homeless, single-parent families, the
25		elderly, or persons with disabilities the physically and
26		mentally disabled. The Trust Fund shall be used to implement a

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1		demonstration congregate housing project for any such special
2		needs population.
3		(f) Grants from the Trust Fund may include, but are not
4		limited to, rental assistance and security deposit subsidies
5		for low and very low-income households.
6		(g) The Trust Fund may be used to pay actual and reasonable
7		costs for Commission members to attend Commission meetings, and
8		any litigation costs and expenses, including legal fees,
9		incurred by the Program Administrator in any litigation related
10		to this Act or its action as Program Administrator.
11		(h) The Trust Fund may be used to make grants for (1) the
12		provision of technical assistance, (2) outreach, and (3)
13		building an organization's capacity to develop affordable
14		housing projects.
15		(i) Amounts on deposit in the Trust Fund may be used to
16		reimburse the Program Administrator and the Funding Agent for
17		costs incurred in the performance of their duties under this
18		Act, excluding costs and fees of the Program Administrator
19		associated with the Program Escrow to the extent withheld
20		pursuant to paragraph (8) of subsection (b) of Section 5.
21		(Source: P.A. 94-839, eff. 6-6-06; 95-707, eff. 1-11-08;
22		95-744, eff. 7-18-08.)
23		Section 670. The Subsidized Housing Joint Occupancy Act is
24		amended by changing Sections 2, 3, and 4 as follows:

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1		(310 ILCS 75/2) (from Ch. 67 1/2, par. 1352)
2		Sec. 2. Legislative findings. The General Assembly makes
3		the following findings:
4		(1) Elderly persons and persons with disabilities and
5		handicapped persons frequently desire to share a residence (i)
6		to maximize the effectiveness of the portion of their often
7		limited incomes that is spent for housing; (ii) for protection;
8		and (iii) for assistance in performing necessary daily tasks of
9		life such as cooking and cleaning.
10		(2) Many elderly persons and persons with disabilities and
11		handicapped persons desire to live in federally subsidized
12		housing units because of their limited incomes.
13		(3) Rules of the federal Department of Housing and Urban
14		Development permit 2 or more unrelated elderly persons or
15		persons with disabilities or handicapped persons to occupy the
16		same unit in federally subsidized housing, although local
17		housing authorities frequently do not permit those persons to
18		occupy the same unit.
19		(4) The State of Illinois should do all it can to assist
20		its elderly persons and persons with disabilities and
21		handicapped persons in maximizing the effectiveness of their
22		incomes and to insure that those citizens are not unnecessarily
23		burdened in accomplishing the daily tasks of life.
24		(Source: P.A. 87-243.)
25		(310 ILCS 75/3) (from Ch. 67 1/2, par. 1353)

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1		Sec. 3. Definitions. As used in this Act, unless the
2		context clearly requires otherwise:
3		"Elderly person" means a person 62 years of age or older.
4		"Person with a disability Handicapped person" means a
5		person having a physical or mental impairment that:
6		(1) is expected to be of long-continued and indefinite
7		duration,
8		(2) substantially impedes the person's ability to live
9		independently, and
10		(3) is of such a nature that this ability could be
11		improved by more suitable housing conditions.
12		"Subsidized housing" means any housing or unit of housing
13		financed by a loan or mortgage held by the Illinois Housing
14		Development Authority, a local housing authority, or the
15		federal Department of Housing and Urban Development ("HUD")
16		under one of the following circumstances:
17		(1) Insured or held by HUD under Section 221(d)(3) of
18		the National Housing Act and assisted under Section 101 of
19		the Housing and Urban Development Act of 1965 or Section 8
20		of the United States Housing Act of 1937.
21		(2) Insured or held by HUD and bears interest at a rate
22		determined under the proviso of Section 221(d)(3) of the
23		National Housing Act.
24		(3) Insured, assisted, or held by HUD under Section 202
25		or 236 of the National Housing Act.
26		(4) Insured or held by HUD under Section 514 or 515 of

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1		the Housing Act of 1949.
2		(5) Insured or held by HUD under the United States
3		Housing Act of 1937.
4		(6) Held by HUD and formerly insured under a program
5		listed in paragraph (1), (2), (3), (4), or (5).
6		(Source: P.A. 87-243.)
7		(310 ILCS 75/4) (from Ch. 67 1/2, par. 1354)
8		Sec. 4. Joint occupancy of subsidized housing. Two elderly
9		persons or two persons with disabilities or handicapped persons
10		who are not related to each other by blood or marriage shall
11		not be prohibited from jointly occupying subsidized housing or
12		a unit of subsidized housing solely because they are not
13		related, provided they have filed a form for such joint
14		occupation with the clerk of the county in which the housing
15		they seek to occupy is located and otherwise meet all other
16		eligibility requirements. A member of the joint occupancy may
17		withdraw from the joint occupancy at any time.
18		(Source: P.A. 87-243.)
19		Section 675. The Accessible Housing Demonstration Grant
20		Program Act is amended by changing Sections 10 and 20 as
21		follows:
22		(310 ILCS 95/10)
23		Sec. 10. Accessibility demonstration grant program.

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1		Subject to appropriation for this purpose, the Authority shall
2		establish a demonstration grant program to encourage the
3		building of spec homes that are accessible to persons with
4		disabilities the disabled. Through the program the Authority
5		shall provide grants to builders who build spec homes meeting
6		the basic access standards described in Section 15. The goal of
7		the demonstration program shall be that at least 10% of all new
8		spec homes within a development participating in the
9		demonstration grant program for which construction begins 6 or
10		more months after the effective date of this Act meet the
11		minimum standards for basic access as described in Section 15.
12		Builders who wish to participate in the demonstration grant
13		program shall submit a grant application to the Authority in
14		accordance with rules promulgated by the Authority. The
15		Authority shall prescribe by rule standards and procedures for
16		the provision of demonstration grant funds in relation to each
17		grant application.
18		(Source: P.A. 91-451, eff. 8-6-99.)
19		(310 ILCS 95/20)
20		Sec. 20. Task Force on Housing Accessibility. There is
21		created a Task Force on Housing Accessibility. The Task Force
22		shall consist of 7 members who shall be appointed by the
23		Governor as follows: the executive vice president of the
24		Illinois Association of Realtors or his or her designee, the
25		executive vice president of the Home Builders Association of

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1		Illinois or his or her designee, an architect with expertise
2		and experience in designing accessible housing for persons with
3		disabilities, a senior citizen, a person with disabilities, a
4		representative from the Attorney General's Office, and the
5		Director of the Authority or his or her designee. The terms of
6		the Task Force members shall last 4 years and shall begin 60
7		days after the effective date of this Act, or as soon
8		thereafter as all members of the Board have been appointed. At
9		the expiration of the term of each Task Force member, and of
10		each succeeding Task Force member, or in the event of a
11		vacancy, the Governor shall appoint a Task Force member to hold
12		office, in the case of a vacancy, for the unexpired term, or in
13		the case of expiration, for a term of 4 years or until a
14		successor is appointed by the Governor. The members shall
15		receive no compensation for their services on the Task Force
16		but shall be reimbursed by the Authority for any ordinary and
17		necessary expenses incurred in the performance of their duties.
18		The Task Force shall provide recommendations to builders
19		regarding the types of accommodations needed in new housing
20		stock for persons with disabilities disabled persons. The
21		recommendations shall include provisions on how to build homes
22		that will retain their resale and aesthetic value.
23		(Source: P.A. 91-451, eff. 8-6-99.)
24		Section 680. The Prevention of Unnecessary
25		Institutionalization Act is amended by changing Section 25 as

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1		follows:
2		(310 ILCS 100/25)
3		Sec. 25. Eligibility. Persons age 60 or over and adults and
4		children with disabilities shall be eligible for grants or
5		loans or both under the Program established by this Act if they
6		have one or more verifiable impairments that substantially
7		limits one or more of life's major activities for which some
8		modification of their dwelling or assistive technology
9		devices, or both, are required which they are unable to afford
10		because of limited resources. Preference shall be given to
11		applicants who: (1) are at imminent risk of
12		institutionalization or who are already in an institutional
13		setting but are ready to return to the community and who would
14		be able to live in the community if modifications are made or
15		they have the needed assistive technology devices, (2) have
16		inadequate resources or no current access to resources as a
17		result of the geographic location of their dwelling, the lack
18		of other available State or federal funds such as the Community
19		Development Block Grant or rural housing assistance programs or
20		income limitations such as the inability to qualify for a
21		low-interest loan, or (3) have access to other resources, but
22		those resources are insufficient to complete the necessary
23		modifications or acquire the needed assistive technology
24		devices. Adults under 60 years of age with disabilities and
25		children with disabilities shall receive services under the

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1		component of the Program administered by the Department of
2		Human Services. An adult 60 years of age or older may elect to
3		receive services under the component administered by the
4		Department of Human Services if, at the time he or she reached
5		age 60, he or she was already receiving Home Services under
6		subsection (f) of Section 3 of the Rehabilitation of Persons
7		with Disabilities Disabled Persons Rehabilitation Act or he or
8		she was already receiving services under the component of the
9		Program administered by the Department of Human Services. All
10		other adults 60 years of age or older receiving services under
11		the Program shall receive services under the component
12		administered by the Department on Aging.
13		(Source: P.A. 92-122, eff. 7-20-01.)
14		Section 685. The Blighted Areas Redevelopment Act of 1947
15		is amended by changing Section 20 as follows:
16		(315 ILCS 5/20) (from Ch. 67 1/2, par. 82)
17		Sec. 20. The sale of any real property by a Land Clearance
18		Commission where required to be made for a monetary
19		consideration, except public sales as provided in the last
20		paragraph of Section 19, shall be subject to the approval of
21		the Department and the governing body of the municipality in
22		which the real property is located.
23		All deeds of conveyances shall be executed in the name of
24		the Land Clearance Commission by the Chairman and Secretary of

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1		the Commission and the seal of the Commission shall be attached
2		thereto. Any deed of conveyance by the Commission may provide
3		such restrictions as are required by the plan for redevelopment
4		and the building and zoning ordinances, but no deed of
5		conveyance either by the Commission or any subsequent owner
6		shall contain a covenant running with the land or other
7		provision prohibiting occupancy of the premises by any person
8		because of race, creed, color, religion, physical or mental
9		disability handicap, national origin or sex.
10		(Source: P.A. 81-1509.)
11		Section 690. The Urban Community Conservation Act is
12		amended by changing Section 6 as follows:
13		(315 ILCS 25/6) (from Ch. 67 1/2, par. 91.13)
14		Sec. 6. Real property necessary or appropriate for the
15		conservation of urban residential areas-Acquisition, use and
16		disposition.) The Conservation Board of a municipality shall
17		have the power to acquire by purchase, condemnation or
18		otherwise any improved or unimproved real property the
19		acquisition of which is necessary or appropriate for the
20		implementation of a conservation plan for a Conservation Area
21		as defined herein; to remove or demolish substandard or other
22		buildings and structures from the property so acquired; to
23		hold, improve, mortgage and manage such properties; and to
24		sell, lease, or exchange such properties, provided that

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1		contracts for repair, improvement or rehabilitation of
2		existing improvements as may be required by the Conservation
3		Plan to be done by the Board involving in excess of $1,000.00
4		shall be let by free and competitive bidding to the lowest
5		responsible bidder upon such bond and subject to such
6		regulations as may be set by the Board, and provided further
7		that all new construction for occupancy and use other than by
8		any municipal corporation or subdivision thereof shall be on
9		land privately owned. The acquisition, use, or disposition of
10		any real property in pursuance of this section must conform to
11		a conservation plan developed in the manner hereinafter set
12		forth. In case of the sale or lease of any real property
13		acquired under the provisions of this Act such buyer or lessee
14		must as a condition of sale or lease, agree to improve and use
15		such property according to the conservation plan, and such
16		agreement may be made a covenant running with the land and on
17		order of the governing body such agreement shall be made a
18		covenant running with the land. No lease or deed of conveyance
19		either by the Board or any subsequent owner shall contain a
20		covenant running with the land or other provision prohibiting
21		occupancy of the premises by any person because of race, creed,
22		color, religion, physical or mental disability handicap, sex or
23		national origin. The Conservation Board shall by public notice
24		by publication once each week for 2 consecutive weeks in a
25		newspaper having general circulation in the municipality prior
26		to the execution of any contract to sell, lease or otherwise

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1		transfer real property and prior to the delivery of any
2		instrument of conveyance with respect thereto, invite
3		proposals from and make available all pertinent information to
4		redevelopers or any person interested in undertaking to
5		redevelop or rehabilitate a Conservation Area, or any part
6		thereof, provided that, in municipalities in which no newspaper
7		is published, publication may be made by posting a notice in 3
8		prominent places within the municipality. Such notice shall
9		contain a description of the Conservation Area, the details of
10		the conservation plan relating to the property which the
11		purchaser shall undertake in writing to carry out and such
12		undertakings as the Board may deem necessary to obligate the
13		purchaser, his or her successors and assigns (1) to use the
14		property for the purposes designated in the Conservation Plan,
15		(2) to commence and complete the improvement, repair,
16		rehabilitation or construction of the improvements within the
17		periods of time which the Board fixes as reasonable and (3) to
18		comply with such other conditions as are necessary to carry out
19		the purposes of the Act. The Conservation Board may negotiate
20		with any persons for proposals for the purchase, lease or other
21		transfer of any real property acquired pursuant to this Act and
22		shall consider all redevelopment and rehabilitation proposals
23		submitted to it and the financial and legal ability of the
24		persons making such proposals to carry them out. The
25		Conservation Board, as agent for the Municipality, at a public
26		meeting, notice of which shall have been published in a

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1		newspaper of general circulation within the municipality at
2		least 15 but not more than 30 days prior to such meeting, may
3		accept such proposals as it deems to be in the public interest
4		and in furtherance of the purposes of this Act; provided that,
5		all sales or leases of real property shall be made at not less
6		than fair use value. No sale of real property acquired pursuant
7		to this section shall be made without the approval of a
8		majority of the governing body. The disposition of real
9		property acquired pursuant to this section shall be exempt from
10		the requirements of Sections 11-76-1 and 11-76-2 of the
11		Illinois Municipal Code, as heretofore and hereafter amended.
12		All deeds of conveyance of real property acquired pursuant to
13		this section shall be executed as provided in Section 11-76-3
14		of the Illinois Municipal Code, as heretofore and hereafter
15		amended. No property shall be held for more than 5 years, after
16		which period such property shall be sold to the highest bidder
17		at public sale. The Board may employ competent private real
18		estate management firms to manage such properties as may be
19		acquired, or the Board may manage such properties.
20		(Source: P.A. 80-341.)
21		Section 695. The Urban Renewal Consolidation Act of 1961 is
22		amended by changing Section 26 as follows:
23		(315 ILCS 30/26) (from Ch. 67 1/2, par. 91.126)
24		Sec. 26. The sale of any real property by a Department

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1		where required to be made for a monetary consideration except
2		public sales of real property not sold within the 5-year period
3		as provided in Section 18, shall be subject to the approval of
4		the governing body of the municipality in which the real
5		property is located; provided, however, that no new or
6		additional approval of a sale by the governing body shall be
7		required in any case where a sale by a land clearance
8		commission has heretofore been approved by the State Housing
9		Board and the governing body pursuant to the "Blighted Areas
10		Redevelopment Act of 1947," approved July 2, 1947, as amended.
11		The disposition of real property acquired pursuant to the
12		provisions of this Act shall be exempt from the requirements of
13		Sections 11-76-1 and 11-76-2 of the "Illinois Municipal Code",
14		approved May 29, 1961, as heretofore and hereafter amended. All
15		deeds of conveyances of real property shall be executed as
16		provided in Section 11-76-3 of said Illinois Municipal Code.
17		Any deed of conveyance may provide such restrictions as are
18		required by the plan for development or conservation plan and
19		the building and zoning ordinances, but no deed of conveyance
20		or lease either by the municipality or any subsequent owner
21		shall contain a covenant running with the land or other
22		provisions prohibiting occupancy of the premises by any person
23		because of race, creed, color, religion, physical or mental
24		disability handicap, national origin or sex.
25		(Source: P.A. 80-342.)

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1		Section 700. The Respite Program Act is amended by changing
2		the title of the Act and Sections 1.5, 2, 3, 5, and 11 as
3		follows:
4		(320 ILCS 10/Act title)
5		An Act to create the Respite Program which gives families
6		relief from their responsibilities of caring for frail adults
7		and adults with disabilities and disabled adults.
8		(320 ILCS 10/1.5) (from Ch. 23, par. 6201.5)
9		Sec. 1.5. Purpose. It is hereby found and determined by
10		the General Assembly that respite care provides relief and
11		support to the primary care-giver of a frail adult or an adult
12		with a disability or disabled adult and provides a break for
13		the caregiver from the continuous responsibilities of
14		care-giving. Without this support, the primary care-giver's
15		ability to continue in his or her role would be jeopardized;
16		thereby increasing the risk of institutionalization of the
17		frail adult or adult with a disability or disabled adult.
18		By providing respite care through intermittent planned or
19		emergency relief to the care-giver during the regular week-day,
20		evening, and weekend hours, both the special physical and
21		psychological needs of the primary care-giver and the frail
22		adult or adult with a disability or disabled adult, who is the
23		recipient of continuous care, shall be met reducing or
24		preventing the need for institutionalization.

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1		Furthermore, the primary care-giver providing continuous
2		care is frequently under substantial financial stress. Respite
3		care and other supportive services sustain and preserve the
4		primary care-giver and family caregiving unit. It is the intent
5		of the General Assembly that this Act ensure that Illinois
6		primary care-givers of frail adults or adults with disabilities
7		or disabled adults have access to affordable, appropriate
8		in-home respite care services.
9		(Source: P.A. 93-864, eff. 8-5-04.)
10		(320 ILCS 10/2) (from Ch. 23, par. 6202)
11		Sec. 2. Definitions. As used in this Act:
12		(1) "Respite care" means the provision of intermittent and
13		temporary substitute care or supervision of frail adults or
14		adults with disabilities or disabled adults on behalf of and in
15		the absence of the primary care-giver, for the purpose of
16		providing relief from the stress or responsibilities
17		concomitant with providing constant care, so as to enable the
18		care-giver to continue the provision of care in the home.
19		Respite care should be available to sustain the care-giver
20		throughout the period of care-giving, which can vary from
21		several months to a number of years. Respite care can be
22		provided in the home, in a day care setting during the day,
23		overnight, in a substitute residential setting such as a
24		long-term care facility required to be licensed under the
25		Nursing Home Care Act or the Assisted Living and Shared Housing

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1		Act, or for more extended periods of time on a temporary basis.
2		(1.5) "In-home respite care" means care provided by an
3		appropriately trained paid worker providing short-term
4		intermittent care, supervision, or companionship to the frail
5		adult or adult with a disability or disabled adult in the home
6		while relieving the care-giver, by permitting a short-term
7		break from the care-giver's care-giving role. This support may
8		contribute to the delay, reduction, and prevention of
9		institutionalization by enabling the care-giver to continue in
10		his or her care-giving role. In-home respite care should be
11		flexible and available in a manner that is responsive to the
12		needs of the care-giver. This may consist of evening respite
13		care services that are available from 6:00 p.m. to 8:00 a.m.
14		Monday through Friday and weekend respite care services from
15		6:00 p.m. Friday to 8:00 a.m. Monday.
16		(2) "Care-giver" shall mean the family member or other
17		natural person who normally provides the daily care or
18		supervision of a frail adult or an adult with a disability or
19		disabled adult. Such care-giver may, but need not, reside in
20		the same household as the frail adult or adult with a
21		disability or disabled adult.
22		(3) (Blank).
23		(4) (Blank).
24		(5) (Blank).
25		(6) "Department" shall mean the Department on Aging.
26		(7) (Blank).

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1		(8) "Frail adult or adult with a disability or disabled
2		adult" shall mean any person who is 60 years of age or older
3		and who either (i) suffers from Alzheimer's disease or a
4		related disorder or (ii) is unable to attend to his or her
5		daily needs without the assistance or regular supervision of a
6		care-giver due to mental or physical impairment and who is
7		otherwise eligible for services on the basis of his or her
8		level of impairment.
9		(9) "Emergency respite care" means the immediate placement
10		of a trained, in-home respite care worker in the home during an
11		emergency or unplanned event, or during a temporary placement
12		outside the home, to substitute for the care-giver. Emergency
13		respite care may be provided on one or more occasions unless an
14		extension is deemed necessary by the case coordination unit or
15		by another agency designated by the Department and area
16		agencies on aging to conduct needs assessments for respite care
17		services. When there is an urgent need for emergency respite
18		care, procedures to accommodate this need must be determined.
19		An emergency is:
20		(a) An unplanned event that results in the immediate
21		and unavoidable absence of the care-giver from the home in
22		an excess of 4 hours at a time when no other qualified
23		care-giver is available.
24		(b) An unplanned situation that prevents the
25		care-giver from providing the care required by a frail
26		adult or an adult with a disability or disabled adult

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1		living at home.
2		(c) An unplanned event that threatens the health and
3		safety of the frail adult or adult with a disability or
4		disabled adult.
5		(d) An unplanned event that threatens the health and
6		safety of the care-giver thereby placing the frail adult or
7		adult with a disability or disabled adult in danger.
8		(10) (Blank).
9		(Source: P.A. 92-16, eff. 6-28-01; 93-864, eff. 8-5-04.)
10		(320 ILCS 10/3) (from Ch. 23, par. 6203)
11		Sec. 3. Respite Program. The Director is hereby authorized
12		to administer a program of assistance to persons in need and to
13		deter the institutionalization of frail adults or adults with
14		disabilities or disabled adults.
15		(Source: P.A. 93-864, eff. 8-5-04.)
16		(320 ILCS 10/5) (from Ch. 23, par. 6205)
17		Sec. 5. Eligibility. The Department may establish
18		eligibility standards for respite services taking into
19		consideration the unique economic and social needs of the
20		population for whom they are to be provided. The population
21		identified for the purposes of this Act includes persons
22		suffering from Alzheimer's disease or a related disorder and
23		persons who are 60 years of age or older with an identified
24		service need. Priority shall be given in all cases to frail

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1		adults or adults with disabilities or disabled adults.
2		(Source: P.A. 93-864, eff. 8-5-04.)
3		(320 ILCS 10/11) (from Ch. 23, par. 6211)
4		Sec. 11. Respite Care Worker Training.
5		(a) A respite care worker shall be an appropriately trained
6		individual whose duty it is to provide in-home supervision and
7		assistance to a frail adult or an adult with a disability or
8		disabled adult in order to allow the care-giver a break from
9		his or her continuous care-giving responsibilities.
10		(b) The Director may prescribe minimum training guidelines
11		for respite care workers to ensure that the special needs of
12		persons receiving services under this Act and their caregivers
13		will be met. The Director may designate Alzheimer's disease
14		associations and community agencies to conduct such training.
15		Nothing in this Act should be construed to exempt any
16		individual providing a service subject to licensure or
17		certification under State law from these requirements.
18		(Source: P.A. 93-864, eff. 8-5-04.)
19		Section 705. The Adult Protective Services Act is amended
20		by changing Sections 3.5, 8, 9.5, and 15.5 as follows:
21		(320 ILCS 20/3.5)
22		Sec. 3.5. Other responsibilities. The Department shall
23		also be responsible for the following activities, contingent

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1		upon adequate funding; implementation shall be expanded to
2		adults with disabilities upon the effective date of this
3		amendatory Act of the 98th General Assembly, except those
4		responsibilities under subsection (a), which shall be
5		undertaken as soon as practicable:
6		(a) promotion of a wide range of endeavors for the
7		purpose of preventing abuse, neglect, financial
8		exploitation, and self-neglect, including, but not limited
9		to, promotion of public and professional education to
10		increase awareness of abuse, neglect, financial
11		exploitation, and self-neglect; to increase reports; to
12		establish access to and use of the Registry established
13		under Section 7.5; and to improve response by various
14		legal, financial, social, and health systems;
15		(b) coordination of efforts with other agencies,
16		councils, and like entities, to include but not be limited
17		to, the Administrative Office of the Illinois Courts, the
18		Office of the Attorney General, the State Police, the
19		Illinois Law Enforcement Training Standards Board, the
20		State Triad, the Illinois Criminal Justice Information
21		Authority, the Departments of Public Health, Healthcare
22		and Family Services, and Human Services, the Illinois
23		Guardianship and Advocacy Commission, the Family Violence
24		Coordinating Council, the Illinois Violence Prevention
25		Authority, and other entities which may impact awareness
26		of, and response to, abuse, neglect, financial

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1		exploitation, and self-neglect;
2		(c) collection and analysis of data;
3		(d) monitoring of the performance of regional
4		administrative agencies and adult protective services
5		agencies;
6		(e) promotion of prevention activities;
7		(f) establishing and coordinating an aggressive
8		training program on the unique nature of adult abuse cases
9		with other agencies, councils, and like entities, to
10		include but not be limited to the Office of the Attorney
11		General, the State Police, the Illinois Law Enforcement
12		Training Standards Board, the State Triad, the Illinois
13		Criminal Justice Information Authority, the State
14		Departments of Public Health, Healthcare and Family
15		Services, and Human Services, the Family Violence
16		Coordinating Council, the Illinois Violence Prevention
17		Authority, the agency designated by the Governor under
18		Section 1 of the Protection and Advocacy for Persons with
19		Developmental Disabilities Developmentally Disabled
20		Persons Act, and other entities that may impact awareness
21		of and response to abuse, neglect, financial exploitation,
22		and self-neglect;
23		(g) solicitation of financial institutions for the
24		purpose of making information available to the general
25		public warning of financial exploitation of adults and
26		related financial fraud or abuse, including such

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1		information and warnings available through signage or
2		other written materials provided by the Department on the
3		premises of such financial institutions, provided that the
4		manner of displaying or distributing such information is
5		subject to the sole discretion of each financial
6		institution;
7		(g-1) developing by joint rulemaking with the
8		Department of Financial and Professional Regulation
9		minimum training standards which shall be used by financial
10		institutions for their current and new employees with
11		direct customer contact; the Department of Financial and
12		Professional Regulation shall retain sole visitation and
13		enforcement authority under this subsection (g-1); the
14		Department of Financial and Professional Regulation shall
15		provide bi-annual reports to the Department setting forth
16		aggregate statistics on the training programs required
17		under this subsection (g-1); and
18		(h) coordinating efforts with utility and electric
19		companies to send notices in utility bills to explain to
20		persons 60 years of age or older their rights regarding
21		telemarketing and home repair fraud.
22		(Source: P.A. 98-49, eff. 7-1-13; 98-1039, eff. 8-25-14.)
23		(320 ILCS 20/8) (from Ch. 23, par. 6608)
24		Sec. 8. Access to records. All records concerning reports
25		of abuse, neglect, financial exploitation, or self-neglect and

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1		all records generated as a result of such reports shall be
2		confidential and shall not be disclosed except as specifically
3		authorized by this Act or other applicable law. In accord with
4		established law and Department protocols, procedures, and
5		policies, access to such records, but not access to the
6		identity of the person or persons making a report of alleged
7		abuse, neglect, financial exploitation, or self-neglect as
8		contained in such records, shall be provided, upon request, to
9		the following persons and for the following persons:
10		(1) Department staff, provider agency staff, other
11		aging network staff, and regional administrative agency
12		staff, including staff of the Chicago Department on Aging
13		while that agency is designated as a regional
14		administrative agency, in the furtherance of their
15		responsibilities under this Act;
16		(2) A law enforcement agency investigating known or
17		suspected abuse, neglect, financial exploitation, or
18		self-neglect. Where a provider agency has reason to believe
19		that the death of an eligible adult may be the result of
20		abuse or neglect, including any reports made after death,
21		the agency shall immediately provide the appropriate law
22		enforcement agency with all records pertaining to the
23		eligible adult;
24		(2.5) A law enforcement agency, fire department
25		agency, or fire protection district having proper
26		jurisdiction pursuant to a written agreement between a

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1		provider agency and the law enforcement agency, fire
2		department agency, or fire protection district under which
3		the provider agency may furnish to the law enforcement
4		agency, fire department agency, or fire protection
5		district a list of all eligible adults who may be at
6		imminent risk of abuse, neglect, financial exploitation,
7		or self-neglect;
8		(3) A physician who has before him or her or who is
9		involved in the treatment of an eligible adult whom he or
10		she reasonably suspects may be abused, neglected,
11		financially exploited, or self-neglected or who has been
12		referred to the Adult Protective Services Program;
13		(4) An eligible adult reported to be abused, neglected,
14		financially exploited, or self-neglected, or such adult's
15		authorized guardian or agent, unless such guardian or agent
16		is the abuser or the alleged abuser;
17		(4.5) An executor or administrator of the estate of an
18		eligible adult who is deceased;
19		(5) In cases regarding abuse, neglect, or financial
20		exploitation, a court or a guardian ad litem, upon its or
21		his or her finding that access to such records may be
22		necessary for the determination of an issue before the
23		court. However, such access shall be limited to an in
24		camera inspection of the records, unless the court
25		determines that disclosure of the information contained
26		therein is necessary for the resolution of an issue then

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1		pending before it;
2		(5.5) In cases regarding self-neglect, a guardian ad
3		litem;
4		(6) A grand jury, upon its determination that access to
5		such records is necessary in the conduct of its official
6		business;
7		(7) Any person authorized by the Director, in writing,
8		for audit or bona fide research purposes;
9		(8) A coroner or medical examiner who has reason to
10		believe that an eligible adult has died as the result of
11		abuse, neglect, financial exploitation, or self-neglect.
12		The provider agency shall immediately provide the coroner
13		or medical examiner with all records pertaining to the
14		eligible adult;
15		(8.5) A coroner or medical examiner having proper
16		jurisdiction, pursuant to a written agreement between a
17		provider agency and the coroner or medical examiner, under
18		which the provider agency may furnish to the office of the
19		coroner or medical examiner a list of all eligible adults
20		who may be at imminent risk of death as a result of abuse,
21		neglect, financial exploitation, or self-neglect;
22		(9) Department of Financial and Professional
23		Regulation staff and members of the Illinois Medical
24		Disciplinary Board or the Social Work Examining and
25		Disciplinary Board in the course of investigating alleged
26		violations of the Clinical Social Work and Social Work

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1		Practice Act by provider agency staff or other licensing
2		bodies at the discretion of the Director of the Department
3		on Aging;
4		(9-a) Department of Healthcare and Family Services
5		staff when that Department is funding services to the
6		eligible adult, including access to the identity of the
7		eligible adult;
8		(9-b) Department of Human Services staff when that
9		Department is funding services to the eligible adult or is
10		providing reimbursement for services provided by the
11		abuser or alleged abuser, including access to the identity
12		of the eligible adult;
13		(10) Hearing officers in the course of conducting an
14		administrative hearing under this Act; parties to such
15		hearing shall be entitled to discovery as established by
16		rule;
17		(11) A caregiver who challenges placement on the
18		Registry shall be given the statement of allegations in the
19		abuse report and the substantiation decision in the final
20		investigative report; and
21		(12) The Illinois Guardianship and Advocacy Commission
22		and the agency designated by the Governor under Section 1
23		of the Protection and Advocacy for Persons with
24		Developmental Disabilities Developmentally Disabled
25		Persons Act shall have access, through the Department, to
26		records, including the findings, pertaining to a completed

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1		or closed investigation of a report of suspected abuse,
2		neglect, financial exploitation, or self-neglect of an
3		eligible adult.
4		(Source: P.A. 97-864, eff. 1-1-13; 98-49, eff. 7-1-13; 98-1039,
5		eff. 8-25-14.)
6		(320 ILCS 20/9.5)
7		Sec. 9.5. Commencement of action for ex parte authorization
8		orders; filing fees; process.
9		(a) Actions for ex parte authorization orders are
10		commenced:
11		(1) independently, by filing a petition for an ex parte
12		authorization order in the circuit court;
13		(2) in conjunction with other civil proceedings, by
14		filing a petition for an ex parte authorization order under
15		the same case number as a guardianship proceeding under the
16		Probate Act of 1975 where the eligible adult is the alleged
17		adult with a disability disabled adult.
18		(b) No fee shall be charged by the clerk for filing
19		petitions or certifying orders. No fee shall be charged by a
20		sheriff for service by the sheriff of a petition, rule, motion,
21		or order in an action commenced under this Section.
22		(c) Any action for an ex parte authorization order
23		commenced independently is a distinct cause of action and
24		requires that a separate summons be issued and served. Service
25		of summons is not required prior to entry of emergency ex parte

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1		authorization orders.
2		(d) Summons may be served by a private person over 18 years
3		of age and not a party to the action. The return by that
4		private person shall be by affidavit. The summons may be served
5		by a sheriff or other law enforcement officer, and if summons
6		is placed for service by the sheriff, it shall be made at the
7		earliest time practicable and shall take precedence over other
8		summonses except those of a similar emergency nature.
9		(Source: P.A. 91-731, eff. 6-2-00.)
10		(320 ILCS 20/15.5)
11		Sec. 15.5. Independent monitor. Subject to appropriation,
12		to ensure the effectiveness and accountability of the adult
13		protective services system, the agency designated by the
14		Governor under Section 1 of the Protection and Advocacy for
15		Persons with Developmental Disabilities Developmentally
16		Disabled Persons Act shall monitor the system and provide to
17		the Department review and evaluation of the system in
18		accordance with administrative rules promulgated by the
19		Department.
20		(Source: P.A. 98-49, eff. 7-1-13.)
21		Section 710. The Senior Citizens and Disabled Persons
22		Property Tax Relief Act is amended by changing the title of the
23		Act and Sections 1, 2, 3.14, 4, and 9 as follows:

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1		(320 ILCS 25/Act title)
2		An Act in relation to the payment of grants to enable the
3		elderly and persons with disabilities the disabled to acquire
4		or retain private housing.
5		(320 ILCS 25/1) (from Ch. 67 1/2, par. 401)
6		Sec. 1. Short title; common name. This Article shall be
7		known and may be cited as the Senior Citizens and Persons with
8		Disabilities Disabled Persons Property Tax Relief Act. Common
9		references to the "Circuit Breaker Act" mean this Article. As
10		used in this Article, "this Act" means this Article.
11		(Source: P.A. 96-804, eff. 1-1-10; 97-689, eff. 6-14-12.)
12		(320 ILCS 25/2) (from Ch. 67 1/2, par. 402)
13		Sec. 2. Purpose. The purpose of this Act is to provide
14		incentives to the senior citizens and persons with disabilities
15		in disabled persons of this State to acquire and retain private
16		housing of their choice and at the same time to relieve those
17		citizens from the burdens of extraordinary property taxes
18		against their increasingly restricted earning power, and
19		thereby to reduce the requirements for public housing in this
20		State.
21		(Source: P.A. 96-804, eff. 1-1-10; 97-689, eff. 6-14-12.)
22		(320 ILCS 25/3.14) (from Ch. 67 1/2, par. 403.14)
23		Sec. 3.14. "Person with a disability Disabled person" means

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1		a person unable to engage in any substantial gainful activity
2		by reason of a medically determinable physical or mental
3		impairment which can be expected to result in death or has
4		lasted or can be expected to last for a continuous period of
5		not less than 12 months. Persons with disabilities Disabled
6		persons filing claims under this Act shall submit proof of the
7		disability in such form and manner as the Department shall by
8		rule and regulation prescribe. Proof that a claimant is
9		eligible to receive disability benefits under the Federal
10		Social Security Act shall constitute proof of the disability
11		for purposes of this Act. Issuance of an Illinois Person with a
12		Disability Identification Card stating that the claimant is
13		under a Class 2 disability, as defined in Section 4A of the
14		Illinois Identification Card Act, shall constitute proof that
15		the person named thereon is a person with a disability disabled
16		person for purposes of this Act. A person with a disability
17		disabled person not covered under the Federal Social Security
18		Act and not presenting a Disabled Person Identification Card
19		stating that the claimant is under a Class 2 disability shall
20		be examined by a physician designated by the Department, and
21		his status as a person with a disability disabled person
22		determined using the same standards as used by the Social
23		Security Administration. The costs of any required examination
24		shall be borne by the claimant.
25		(Source: P.A. 97-1064, eff. 1-1-13.)

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1		(320 ILCS 25/4) (from Ch. 67 1/2, par. 404)
2		Sec. 4. Amount of Grant.
3		(a) In general. Any individual 65 years or older or any
4		individual who will become 65 years old during the calendar
5		year in which a claim is filed, and any surviving spouse of
6		such a claimant, who at the time of death received or was
7		entitled to receive a grant pursuant to this Section, which
8		surviving spouse will become 65 years of age within the 24
9		months immediately following the death of such claimant and
10		which surviving spouse but for his or her age is otherwise
11		qualified to receive a grant pursuant to this Section, and any
12		person with a disability disabled person whose annual household
13		income is less than the income eligibility limitation, as
14		defined in subsection (a-5) and whose household is liable for
15		payment of property taxes accrued or has paid rent constituting
16		property taxes accrued and is domiciled in this State at the
17		time he or she files his or her claim is entitled to claim a
18		grant under this Act. With respect to claims filed by
19		individuals who will become 65 years old during the calendar
20		year in which a claim is filed, the amount of any grant to
21		which that household is entitled shall be an amount equal to
22		1/12 of the amount to which the claimant would otherwise be
23		entitled as provided in this Section, multiplied by the number
24		of months in which the claimant was 65 in the calendar year in
25		which the claim is filed.
26		(a-5) Income eligibility limitation. For purposes of this

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1		Section, "income eligibility limitation" means an amount for
2		grant years 2008 and thereafter:
3		(1) less than $22,218 for a household containing one
4		person;
5		(2) less than $29,480 for a household containing 2
6		persons; or
7		(3) less than $36,740 for a household containing 3 or
8		more persons.
9		For 2009 claim year applications submitted during calendar
10		year 2010, a household must have annual household income of
11		less than $27,610 for a household containing one person; less
12		than $36,635 for a household containing 2 persons; or less than
13		$45,657 for a household containing 3 or more persons.
14		The Department on Aging may adopt rules such that on
15		January 1, 2011, and thereafter, the foregoing household income
16		eligibility limits may be changed to reflect the annual cost of
17		living adjustment in Social Security and Supplemental Security
18		Income benefits that are applicable to the year for which those
19		benefits are being reported as income on an application.
20		If a person files as a surviving spouse, then only his or
21		her income shall be counted in determining his or her household
22		income.
23		(b) Limitation. Except as otherwise provided in
24		subsections (a) and (f) of this Section, the maximum amount of
25		grant which a claimant is entitled to claim is the amount by
26		which the property taxes accrued which were paid or payable

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1		during the last preceding tax year or rent constituting
2		property taxes accrued upon the claimant's residence for the
3		last preceding taxable year exceeds 3 1/2% of the claimant's
4		household income for that year but in no event is the grant to
5		exceed (i) $700 less 4.5% of household income for that year for
6		those with a household income of $14,000 or less or (ii) $70 if
7		household income for that year is more than $14,000.
8		(c) Public aid recipients. If household income in one or
9		more months during a year includes cash assistance in excess of
10		$55 per month from the Department of Healthcare and Family
11		Services or the Department of Human Services (acting as
12		successor to the Department of Public Aid under the Department
13		of Human Services Act) which was determined under regulations
14		of that Department on a measure of need that included an
15		allowance for actual rent or property taxes paid by the
16		recipient of that assistance, the amount of grant to which that
17		household is entitled, except as otherwise provided in
18		subsection (a), shall be the product of (1) the maximum amount
19		computed as specified in subsection (b) of this Section and (2)
20		the ratio of the number of months in which household income did
21		not include such cash assistance over $55 to the number twelve.
22		If household income did not include such cash assistance over
23		$55 for any months during the year, the amount of the grant to
24		which the household is entitled shall be the maximum amount
25		computed as specified in subsection (b) of this Section. For
26		purposes of this paragraph (c), "cash assistance" does not

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1		include any amount received under the federal Supplemental
2		Security Income (SSI) program.
3		(d) Joint ownership. If title to the residence is held
4		jointly by the claimant with a person who is not a member of
5		his or her household, the amount of property taxes accrued used
6		in computing the amount of grant to which he or she is entitled
7		shall be the same percentage of property taxes accrued as is
8		the percentage of ownership held by the claimant in the
9		residence.
10		(e) More than one residence. If a claimant has occupied
11		more than one residence in the taxable year, he or she may
12		claim only one residence for any part of a month. In the case
13		of property taxes accrued, he or she shall prorate 1/12 of the
14		total property taxes accrued on his or her residence to each
15		month that he or she owned and occupied that residence; and, in
16		the case of rent constituting property taxes accrued, shall
17		prorate each month's rent payments to the residence actually
18		occupied during that month.
19		(f) (Blank).
20		(g) Effective January 1, 2006, there is hereby established
21		a program of pharmaceutical assistance to the aged and to
22		persons with disabilities disabled, entitled the Illinois
23		Seniors and Disabled Drug Coverage Program, which shall be
24		administered by the Department of Healthcare and Family
25		Services and the Department on Aging in accordance with this
26		subsection, to consist of coverage of specified prescription

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1		drugs on behalf of beneficiaries of the program as set forth in
2		this subsection. Notwithstanding any provisions of this Act to
3		the contrary, on and after July 1, 2012, pharmaceutical
4		assistance under this Act shall no longer be provided, and on
5		July 1, 2012 the Illinois Senior Citizens and Disabled Persons
6		Pharmaceutical Assistance Program shall terminate. The
7		following provisions that concern the Illinois Senior Citizens
8		and Disabled Persons Pharmaceutical Assistance Program shall
9		continue to apply on and after July 1, 2012 to the extent
10		necessary to pursue any actions authorized by subsection (d) of
11		Section 9 of this Act with respect to acts which took place
12		prior to July 1, 2012.
13		To become a beneficiary under the program established under
14		this subsection, a person must:
15		(1) be (i) 65 years of age or older or (ii) a person
16		with a disability disabled; and
17		(2) be domiciled in this State; and
18		(3) enroll with a qualified Medicare Part D
19		Prescription Drug Plan if eligible and apply for all
20		available subsidies under Medicare Part D; and
21		(4) for the 2006 and 2007 claim years, have a maximum
22		household income of (i) less than $21,218 for a household
23		containing one person, (ii) less than $28,480 for a
24		household containing 2 persons, or (iii) less than $35,740
25		for a household containing 3 or more persons; and
26		(5) for the 2008 claim year, have a maximum household

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1		income of (i) less than $22,218 for a household containing
2		one person, (ii) $29,480 for a household containing 2
3		persons, or (iii) $36,740 for a household containing 3 or
4		more persons; and
5		(6) for 2009 claim year applications submitted during
6		calendar year 2010, have annual household income of less
7		than (i) $27,610 for a household containing one person;
8		(ii) less than $36,635 for a household containing 2
9		persons; or (iii) less than $45,657 for a household
10		containing 3 or more persons; and
11		(7) as of September 1, 2011, have a maximum household
12		income at or below 200% of the federal poverty level.
13		All individuals enrolled as of December 31, 2005, in the
14		pharmaceutical assistance program operated pursuant to
15		subsection (f) of this Section and all individuals enrolled as
16		of December 31, 2005, in the SeniorCare Medicaid waiver program
17		operated pursuant to Section 5-5.12a of the Illinois Public Aid
18		Code shall be automatically enrolled in the program established
19		by this subsection for the first year of operation without the
20		need for further application, except that they must apply for
21		Medicare Part D and the Low Income Subsidy under Medicare Part
22		D. A person enrolled in the pharmaceutical assistance program
23		operated pursuant to subsection (f) of this Section as of
24		December 31, 2005, shall not lose eligibility in future years
25		due only to the fact that they have not reached the age of 65.
26		To the extent permitted by federal law, the Department may

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1		act as an authorized representative of a beneficiary in order
2		to enroll the beneficiary in a Medicare Part D Prescription
3		Drug Plan if the beneficiary has failed to choose a plan and,
4		where possible, to enroll beneficiaries in the low-income
5		subsidy program under Medicare Part D or assist them in
6		enrolling in that program.
7		Beneficiaries under the program established under this
8		subsection shall be divided into the following 4 eligibility
9		groups:
10		(A) Eligibility Group 1 shall consist of beneficiaries
11		who are not eligible for Medicare Part D coverage and who
12		are:
13		(i) a person with a disability disabled and under
14		age 65; or
15		(ii) age 65 or older, with incomes over 200% of the
16		Federal Poverty Level; or
17		(iii) age 65 or older, with incomes at or below
18		200% of the Federal Poverty Level and not eligible for
19		federally funded means-tested benefits due to
20		immigration status.
21		(B) Eligibility Group 2 shall consist of beneficiaries
22		who are eligible for Medicare Part D coverage.
23		(C) Eligibility Group 3 shall consist of beneficiaries
24		age 65 or older, with incomes at or below 200% of the
25		Federal Poverty Level, who are not barred from receiving
26		federally funded means-tested benefits due to immigration

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1		status and are not eligible for Medicare Part D coverage.
2		If the State applies and receives federal approval for
3		a waiver under Title XIX of the Social Security Act,
4		persons in Eligibility Group 3 shall continue to receive
5		benefits through the approved waiver, and Eligibility
6		Group 3 may be expanded to include persons with
7		disabilities who are disabled persons under age 65 with
8		incomes under 200% of the Federal Poverty Level who are not
9		eligible for Medicare and who are not barred from receiving
10		federally funded means-tested benefits due to immigration
11		status.
12		(D) Eligibility Group 4 shall consist of beneficiaries
13		who are otherwise described in Eligibility Group 2 who have
14		a diagnosis of HIV or AIDS.
15		The program established under this subsection shall cover
16		the cost of covered prescription drugs in excess of the
17		beneficiary cost-sharing amounts set forth in this paragraph
18		that are not covered by Medicare. The Department of Healthcare
19		and Family Services may establish by emergency rule changes in
20		cost-sharing necessary to conform the cost of the program to
21		the amounts appropriated for State fiscal year 2012 and future
22		fiscal years except that the 24-month limitation on the
23		adoption of emergency rules and the provisions of Sections
24		5-115 and 5-125 of the Illinois Administrative Procedure Act
25		shall not apply to rules adopted under this subsection (g). The
26		adoption of emergency rules authorized by this subsection (g)

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1		shall be deemed to be necessary for the public interest,
2		safety, and welfare.
3		For purposes of the program established under this
4		subsection, the term "covered prescription drug" has the
5		following meanings:
6		For Eligibility Group 1, "covered prescription drug"
7		means: (1) any cardiovascular agent or drug; (2) any
8		insulin or other prescription drug used in the treatment of
9		diabetes, including syringe and needles used to administer
10		the insulin; (3) any prescription drug used in the
11		treatment of arthritis; (4) any prescription drug used in
12		the treatment of cancer; (5) any prescription drug used in
13		the treatment of Alzheimer's disease; (6) any prescription
14		drug used in the treatment of Parkinson's disease; (7) any
15		prescription drug used in the treatment of glaucoma; (8)
16		any prescription drug used in the treatment of lung disease
17		and smoking-related illnesses; (9) any prescription drug
18		used in the treatment of osteoporosis; and (10) any
19		prescription drug used in the treatment of multiple
20		sclerosis. The Department may add additional therapeutic
21		classes by rule. The Department may adopt a preferred drug
22		list within any of the classes of drugs described in items
23		(1) through (10) of this paragraph. The specific drugs or
24		therapeutic classes of covered prescription drugs shall be
25		indicated by rule.
26		For Eligibility Group 2, "covered prescription drug"

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1		means those drugs covered by the Medicare Part D
2		Prescription Drug Plan in which the beneficiary is
3		enrolled.
4		For Eligibility Group 3, "covered prescription drug"
5		means those drugs covered by the Medical Assistance Program
6		under Article V of the Illinois Public Aid Code.
7		For Eligibility Group 4, "covered prescription drug"
8		means those drugs covered by the Medicare Part D
9		Prescription Drug Plan in which the beneficiary is
10		enrolled.
11		Any person otherwise eligible for pharmaceutical
12		assistance under this subsection whose covered drugs are
13		covered by any public program is ineligible for assistance
14		under this subsection to the extent that the cost of those
15		drugs is covered by the other program.
16		The Department of Healthcare and Family Services shall
17		establish by rule the methods by which it will provide for the
18		coverage called for in this subsection. Those methods may
19		include direct reimbursement to pharmacies or the payment of a
20		capitated amount to Medicare Part D Prescription Drug Plans.
21		For a pharmacy to be reimbursed under the program
22		established under this subsection, it must comply with rules
23		adopted by the Department of Healthcare and Family Services
24		regarding coordination of benefits with Medicare Part D
25		Prescription Drug Plans. A pharmacy may not charge a
26		Medicare-enrolled beneficiary of the program established under

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1		this subsection more for a covered prescription drug than the
2		appropriate Medicare cost-sharing less any payment from or on
3		behalf of the Department of Healthcare and Family Services.
4		The Department of Healthcare and Family Services or the
5		Department on Aging, as appropriate, may adopt rules regarding
6		applications, counting of income, proof of Medicare status,
7		mandatory generic policies, and pharmacy reimbursement rates
8		and any other rules necessary for the cost-efficient operation
9		of the program established under this subsection.
10		(h) A qualified individual is not entitled to duplicate
11		benefits in a coverage period as a result of the changes made
12		by this amendatory Act of the 96th General Assembly.
13		(Source: P.A. 96-804, eff. 1-1-10; 97-74, eff. 6-30-11; 97-333,
14		eff. 8-12-11; 97-689, eff. 6-14-12.)
15		(320 ILCS 25/9) (from Ch. 67 1/2, par. 409)
16		Sec. 9. Fraud; error.
17		(a) Any person who files a fraudulent claim for a grant
18		under this Act, or who for compensation prepares a claim for a
19		grant and knowingly enters false information on an application
20		for any claimant under this Act, or who fraudulently files
21		multiple applications, or who fraudulently states that a person
22		without a disability is a person with a disability a
23		nondisabled person is disabled, or who, prior to July 1, 2012,
24		fraudulently procures pharmaceutical assistance benefits, or
25		who fraudulently uses such assistance to procure covered

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1		prescription drugs, or who, on behalf of an authorized
2		pharmacy, files a fraudulent request for payment, is guilty of
3		a Class 4 felony for the first offense and is guilty of a Class
4		3 felony for each subsequent offense.
5		(b) (Blank).
6		(c) The Department on Aging may recover from a claimant any
7		amount paid to that claimant under this Act on account of an
8		erroneous or fraudulent claim, together with 6% interest per
9		year. Amounts recoverable from a claimant by the Department on
10		Aging under this Act may, but need not, be recovered by
11		offsetting the amount owed against any future grant payable to
12		the person under this Act.
13		The Department of Healthcare and Family Services may
14		recover for acts prior to July 1, 2012 from an authorized
15		pharmacy any amount paid to that pharmacy under the
16		pharmaceutical assistance program on account of an erroneous or
17		fraudulent request for payment under that program, together
18		with 6% interest per year. The Department of Healthcare and
19		Family Services may recover from a person who erroneously or
20		fraudulently obtains benefits under the pharmaceutical
21		assistance program the value of the benefits so obtained,
22		together with 6% interest per year.
23		(d) A prosecution for a violation of this Section may be
24		commenced at any time within 3 years of the commission of that
25		violation.
26		(Source: P.A. 96-804, eff. 1-1-10; 97-689, eff. 6-14-12.)

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1		Section 715. The Senior Citizens Real Estate Tax Deferral
2		Act is amended by changing Sections 2 and 8 as follows:
3		(320 ILCS 30/2) (from Ch. 67 1/2, par. 452)
4		Sec. 2. Definitions. As used in this Act:
5		(a) "Taxpayer" means an individual whose household income
6		for the year is no greater than: (i) $40,000 through tax year
7		2005; (ii) $50,000 for tax years 2006 through 2011; and (iii)
8		$55,000 for tax year 2012 and thereafter.
9		(b) "Tax deferred property" means the property upon which
10		real estate taxes are deferred under this Act.
11		(c) "Homestead" means the land and buildings thereon,
12		including a condominium or a dwelling unit in a multidwelling
13		building that is owned and operated as a cooperative, occupied
14		by the taxpayer as his residence or which are temporarily
15		unoccupied by the taxpayer because such taxpayer is temporarily
16		residing, for not more than 1 year, in a licensed facility as
17		defined in Section 1-113 of the Nursing Home Care Act.
18		(d) "Real estate taxes" or "taxes" means the taxes on real
19		property for which the taxpayer would be liable under the
20		Property Tax Code, including special service area taxes, and
21		special assessments on benefited real property for which the
22		taxpayer would be liable to a unit of local government.
23		(e) "Department" means the Department of Revenue.
24		(f) "Qualifying property" means a homestead which (a) the

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1		taxpayer or the taxpayer and his spouse own in fee simple or
2		are purchasing in fee simple under a recorded instrument of
3		sale, (b) is not income-producing property, (c) is not subject
4		to a lien for unpaid real estate taxes when a claim under this
5		Act is filed, and (d) is not held in trust, other than an
6		Illinois land trust with the taxpayer identified as the sole
7		beneficiary, if the taxpayer is filing for the program for the
8		first time effective as of the January 1, 2011 assessment year
9		or tax year 2012 and thereafter.
10		(g) "Equity interest" means the current assessed valuation
11		of the qualified property times the fraction necessary to
12		convert that figure to full market value minus any outstanding
13		debts or liens on that property. In the case of qualifying
14		property not having a separate assessed valuation, the
15		appraised value as determined by a qualified real estate
16		appraiser shall be used instead of the current assessed
17		valuation.
18		(h) "Household income" has the meaning ascribed to that
19		term in the Senior Citizens and Persons with Disabilities
20		Disabled Persons Property Tax Relief Act.
21		(i) "Collector" means the county collector or, if the taxes
22		to be deferred are special assessments, an official designated
23		by a unit of local government to collect special assessments.
24		(Source: P.A. 97-481, eff. 8-22-11; 97-689, eff. 6-14-12.)
25		(320 ILCS 30/8) (from Ch. 67 1/2, par. 458)

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1		Sec. 8. Nothing in this Act (a) affects any provision of
2		any mortgage or other instrument relating to land requiring a
3		person to pay real estate taxes or (b) affects the eligibility
4		of any person to receive any grant pursuant to the "Senior
5		Citizens and Persons with Disabilities Disabled Persons
6		Property Tax Relief Act".
7		(Source: P.A. 97-689, eff. 6-14-12.)
8		Section 720. The Senior Pharmaceutical Assistance Act is
9		amended by changing Section 5 as follows:
10		(320 ILCS 50/5)
11		Sec. 5. Findings. The General Assembly finds:
12		(1) Senior citizens identify pharmaceutical assistance as
13		the single most critical factor to their health, well-being,
14		and continued independence.
15		(2) The State of Illinois currently operates 2
16		pharmaceutical assistance programs that benefit seniors: (i)
17		the program of pharmaceutical assistance under the Senior
18		Citizens and Persons with Disabilities Disabled Persons
19		Property Tax Relief Act and (ii) the Aid to the Aged, Blind, or
20		Disabled program under the Illinois Public Aid Code. The State
21		has been given authority to establish a third program, SeniorRx
22		Care, through a federal Medicaid waiver.
23		(3) Each year, numerous pieces of legislation are filed
24		seeking to establish additional pharmaceutical assistance

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1		benefits for seniors or to make changes to the existing
2		programs.
3		(4) Establishment of a pharmaceutical assistance review
4		committee will ensure proper coordination of benefits,
5		diminish the likelihood of duplicative benefits, and ensure
6		that the best interests of seniors are served.
7		(5) In addition to the State pharmaceutical assistance
8		programs, several private entities, such as drug manufacturers
9		and pharmacies, also offer prescription drug discount or
10		coverage programs.
11		(6) Many seniors are unaware of the myriad of public and
12		private programs available to them.
13		(7) Establishing a pharmaceutical clearinghouse with a
14		toll-free hot-line and local outreach workers will educate
15		seniors about the vast array of options available to them and
16		enable seniors to make an educated and informed choice that is
17		best for them.
18		(8) Estimates indicate that almost one-third of senior
19		citizens lack prescription drug coverage. The federal
20		government, states, and the pharmaceutical industry each have a
21		role in helping these uninsured seniors gain access to
22		life-saving medications.
23		(9) The State of Illinois has recognized its obligation to
24		assist Illinois' neediest seniors in purchasing prescription
25		medications, and it is now time for pharmaceutical
26		manufacturers to recognize their obligation to make their

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1		medications affordable to seniors.
2		(Source: P.A. 97-689, eff. 6-14-12.)
3		Section 725. The Illinois Prescription Drug Discount
4		Program Act is amended by changing Section 30 as follows:
5		(320 ILCS 55/30)
6		Sec. 30. Manufacturer rebate agreements.
7		(a) Taking into consideration the extent to which the State
8		pays for prescription drugs under various State programs and
9		the provision of assistance to persons with disabilities
10		disabled persons or eligible seniors under patient assistance
11		programs, prescription drug discount programs, or other offers
12		for free or reduced price medicine, clinical research projects,
13		limited supply distribution programs, compassionate use
14		programs, or programs of research conducted by or for a drug
15		manufacturer, the Department, its agent, or the program
16		administrator shall negotiate and enter into rebate agreements
17		with drug manufacturers, as defined in this Act, to effect
18		prescription drug price discounts. The Department or program
19		administrator may exclude certain medications from the list of
20		covered medications and may establish a preferred drug list as
21		a basis for determining the discounts, administrative fees, or
22		other fees or rebates under this Section.
23		(b) (Blank).
24		(c) Receipts from rebates shall be used to provide

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1		discounts for prescription drugs purchased by cardholders and
2		to cover the cost of administering the program. Any receipts to
3		be allocated to the Department shall be deposited into the
4		Illinois Prescription Drug Discount Program Fund, a trust fund
5		created outside the State Treasury with the State Treasurer
6		acting as ex officio custodian. Disbursements from the Illinois
7		Prescription Drug Discount Program Fund shall be made upon the
8		direction of the Director of Central Management Services.
9		(Source: P.A. 94-86, eff. 1-1-06; 94-91, eff. 7-1-05; 95-331,
10		eff. 8-21-07.)
11		Section 730. The Abused and Neglected Child Reporting Act
12		is amended by changing Sections 4.4a, 7.1, 11.1, 11.5, and 11.7
13		as follows:
14		(325 ILCS 5/4.4a)
15		Sec. 4.4a. Department of Children and Family Services duty
16		to report to Department of Human Services' Office of Inspector
17		General. Whenever the Department receives, by means of its
18		statewide toll-free telephone number established under Section
19		7.6 for the purpose of reporting suspected child abuse or
20		neglect or by any other means or from any mandated reporter
21		under Section 4 of this Act, a report of suspected abuse,
22		neglect, or financial exploitation of an adult with a
23		disability a disabled adult between the ages of 18 and 59 and
24		who is not residing in a DCFS licensed facility, the Department

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1		shall instruct the reporter to contact the Department of Human
2		Services' Office of the Inspector General and shall provide the
3		reporter with the statewide, 24-hour toll-free telephone
4		number established and maintained by the Department of Human
5		Services' Office of the Inspector General.
6		(Source: P.A. 96-1446, eff. 8-20-10.)
7		(325 ILCS 5/7.1) (from Ch. 23, par. 2057.1)
8		Sec. 7.1. (a) To the fullest extent feasible, the
9		Department shall cooperate with and shall seek the cooperation
10		and involvement of all appropriate public and private agencies,
11		including health, education, social service and law
12		enforcement agencies, religious institutions, courts of
13		competent jurisdiction, and agencies, organizations, or
14		programs providing or concerned with human services related to
15		the prevention, identification or treatment of child abuse or
16		neglect.
17		Such cooperation and involvement shall include joint
18		consultation and services, joint planning, joint case
19		management, joint public education and information services,
20		joint utilization of facilities, joint staff development and
21		other training, and the creation of multidisciplinary case
22		diagnostic, case handling, case management, and policy
23		planning teams. Such cooperation and involvement shall also
24		include consultation and planning with the Illinois Department
25		of Human Services regarding referrals to designated perinatal

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1		centers of newborn children requiring protective custody under
2		this Act, whose life or development may be threatened by a
3		developmental disability or disabling handicapping condition.
4		For implementing such intergovernmental cooperation and
5		involvement, units of local government and public and private
6		agencies may apply for and receive federal or State funds from
7		the Department under this Act or seek and receive gifts from
8		local philanthropic or other private local sources in order to
9		augment any State funds appropriated for the purposes of this
10		Act.
11		(b) The Department may establish up to 5 demonstrations of
12		multidisciplinary teams to advise, review and monitor cases of
13		child abuse and neglect brought by the Department or any member
14		of the team. The Director shall determine the criteria by which
15		certain cases of child abuse or neglect are brought to the
16		multidisciplinary teams. The criteria shall include but not be
17		limited to geographic area and classification of certain cases
18		where allegations are of a severe nature. Each
19		multidisciplinary team shall consist of 7 to 10 members
20		appointed by the Director, including, but not limited to
21		representatives from the medical, mental health, educational,
22		juvenile justice, law enforcement and social service fields.
23		(Source: P.A. 92-801, eff. 8-16-02.)
24		(325 ILCS 5/11.1) (from Ch. 23, par. 2061.1)
25		Sec. 11.1. Access to records.

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1		(a) A person shall have access to the records described in
2		Section 11 only in furtherance of purposes directly connected
3		with the administration of this Act or the Intergovernmental
4		Missing Child Recovery Act of 1984. Those persons and purposes
5		for access include:
6		(1) Department staff in the furtherance of their
7		responsibilities under this Act, or for the purpose of
8		completing background investigations on persons or
9		agencies licensed by the Department or with whom the
10		Department contracts for the provision of child welfare
11		services.
12		(2) A law enforcement agency investigating known or
13		suspected child abuse or neglect, known or suspected
14		involvement with child pornography, known or suspected
15		criminal sexual assault, known or suspected criminal
16		sexual abuse, or any other sexual offense when a child is
17		alleged to be involved.
18		(3) The Department of State Police when administering
19		the provisions of the Intergovernmental Missing Child
20		Recovery Act of 1984.
21		(4) A physician who has before him a child whom he
22		reasonably suspects may be abused or neglected.
23		(5) A person authorized under Section 5 of this Act to
24		place a child in temporary protective custody when such
25		person requires the information in the report or record to
26		determine whether to place the child in temporary

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1		protective custody.
2		(6) A person having the legal responsibility or
3		authorization to care for, treat, or supervise a child, or
4		a parent, prospective adoptive parent, foster parent,
5		guardian, or other person responsible for the child's
6		welfare, who is the subject of a report.
7		(7) Except in regard to harmful or detrimental
8		information as provided in Section 7.19, any subject of the
9		report, and if the subject of the report is a minor, his
10		guardian or guardian ad litem.
11		(8) A court, upon its finding that access to such
12		records may be necessary for the determination of an issue
13		before such court; however, such access shall be limited to
14		in camera inspection, unless the court determines that
15		public disclosure of the information contained therein is
16		necessary for the resolution of an issue then pending
17		before it.
18		(8.1) A probation officer or other authorized
19		representative of a probation or court services department
20		conducting an investigation ordered by a court under the
21		Juvenile Court Act of l987.
22		(9) A grand jury, upon its determination that access to
23		such records is necessary in the conduct of its official
24		business.
25		(10) Any person authorized by the Director, in writing,
26		for audit or bona fide research purposes.

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1		(11) Law enforcement agencies, coroners or medical
2		examiners, physicians, courts, school superintendents and
3		child welfare agencies in other states who are responsible
4		for child abuse or neglect investigations or background
5		investigations.
6		(12) The Department of Professional Regulation, the
7		State Board of Education and school superintendents in
8		Illinois, who may use or disclose information from the
9		records as they deem necessary to conduct investigations or
10		take disciplinary action, as provided by law.
11		(13) A coroner or medical examiner who has reason to
12		believe that a child has died as the result of abuse or
13		neglect.
14		(14) The Director of a State-operated facility when an
15		employee of that facility is the perpetrator in an
16		indicated report.
17		(15) The operator of a licensed child care facility or
18		a facility licensed by the Department of Human Services (as
19		successor to the Department of Alcoholism and Substance
20		Abuse) in which children reside when a current or
21		prospective employee of that facility is the perpetrator in
22		an indicated child abuse or neglect report, pursuant to
23		Section 4.3 of the Child Care Act of 1969.
24		(16) Members of a multidisciplinary team in the
25		furtherance of its responsibilities under subsection (b)
26		of Section 7.1. All reports concerning child abuse and

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1		neglect made available to members of such
2		multidisciplinary teams and all records generated as a
3		result of such reports shall be confidential and shall not
4		be disclosed, except as specifically authorized by this Act
5		or other applicable law. It is a Class A misdemeanor to
6		permit, assist or encourage the unauthorized release of any
7		information contained in such reports or records. Nothing
8		contained in this Section prevents the sharing of reports
9		or records relating or pertaining to the death of a minor
10		under the care of or receiving services from the Department
11		of Children and Family Services and under the jurisdiction
12		of the juvenile court with the juvenile court, the State's
13		Attorney, and the minor's attorney.
14		(17) The Department of Human Services, as provided in
15		Section 17 of the Rehabilitation of Persons with
16		Disabilities Disabled Persons Rehabilitation Act.
17		(18) Any other agency or investigative body, including
18		the Department of Public Health and a local board of
19		health, authorized by State law to conduct an investigation
20		into the quality of care provided to children in hospitals
21		and other State regulated care facilities. The access to
22		and release of information from such records shall be
23		subject to the approval of the Director of the Department
24		or his designee.
25		(19) The person appointed, under Section 2-17 of the
26		Juvenile Court Act of 1987, as the guardian ad litem of a

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1		minor who is the subject of a report or records under this
2		Act.
3		(20) The Department of Human Services, as provided in
4		Section 10 of the Early Intervention Services System Act,
5		and the operator of a facility providing early intervention
6		services pursuant to that Act, for the purpose of
7		determining whether a current or prospective employee who
8		provides or may provide direct services under that Act is
9		the perpetrator in an indicated report of child abuse or
10		neglect filed under this Act.
11		(b) Nothing contained in this Act prevents the sharing or
12		disclosure of information or records relating or pertaining to
13		juveniles subject to the provisions of the Serious Habitual
14		Offender Comprehensive Action Program when that information is
15		used to assist in the early identification and treatment of
16		habitual juvenile offenders.
17		(c) To the extent that persons or agencies are given access
18		to information pursuant to this Section, those persons or
19		agencies may give this information to and receive this
20		information from each other in order to facilitate an
21		investigation conducted by those persons or agencies.
22		(Source: P.A. 93-147, eff. 1-1-04; 94-1010, eff. 10-1-06.)
23		(325 ILCS 5/11.5) (from Ch. 23, par. 2061.5)
24		Sec. 11.5. Within the appropriation available, the
25		Department shall conduct a continuing education and training

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1		program for State and local staff, persons and officials
2		required to report, the general public, and other persons
3		engaged in or intending to engage in the prevention,
4		identification, and treatment of child abuse and neglect. The
5		program shall be designed to encourage the fullest degree of
6		reporting of known and suspected child abuse and neglect, and
7		to improve communication, cooperation, and coordination among
8		all agencies in the identification, prevention, and treatment
9		of child abuse and neglect. The program shall inform the
10		general public and professionals of the nature and extent of
11		child abuse and neglect and their responsibilities,
12		obligations, powers and immunity from liability under this Act.
13		It may include information on the diagnosis of child abuse and
14		neglect and the roles and procedures of the Child Protective
15		Service Unit, the Department and central register, the courts
16		and of the protective, treatment, and ameliorative services
17		available to children and their families. Such information may
18		also include special needs of mothers at risk of delivering a
19		child whose life or development may be threatened by a
20		disabling handicapping condition, to ensure informed consent
21		to treatment of the condition and understanding of the unique
22		child care responsibilities required for such a child. The
23		program may also encourage parents and other persons having
24		responsibility for the welfare of children to seek assistance
25		on their own in meeting their child care responsibilities and
26		encourage the voluntary acceptance of available services when

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1		they are needed. It may also include publicity and
2		dissemination of information on the existence and number of the
3		24 hour, State-wide, toll-free telephone service to assist
4		persons seeking assistance and to receive reports of known and
5		suspected abuse and neglect.
6		Within the appropriation available, the Department also
7		shall conduct a continuing education and training program for
8		State and local staff involved in investigating reports of
9		child abuse or neglect made under this Act. The program shall
10		be designed to train such staff in the necessary and
11		appropriate procedures to be followed in investigating cases
12		which it appears may result in civil or criminal charges being
13		filed against a person. Program subjects shall include but not
14		be limited to the gathering of evidence with a view toward
15		presenting such evidence in court and the involvement of State
16		or local law enforcement agencies in the investigation. The
17		program shall be conducted in cooperation with State or local
18		law enforcement agencies, State's Attorneys and other
19		components of the criminal justice system as the Department
20		deems appropriate.
21		(Source: P.A. 85-984.)
22		(325 ILCS 5/11.7) (from Ch. 23, par. 2061.7)
23		Sec. 11.7. (a) The Director shall appoint the chairperson
24		and members of a "State-wide Citizen's Committee on Child Abuse
25		and Neglect" to consult with and advise the Director. The

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1		Committee shall be composed of individuals of distinction in
2		human services, neonatal medical care, needs and rights of
3		persons with disabilities the disabled, law and community life,
4		broadly representative of social and economic communities
5		across the State, who shall be appointed to 3 year staggered
6		terms. The chairperson and members of the Committee shall serve
7		without compensation, although their travel and per diem
8		expenses shall be reimbursed in accordance with standard State
9		procedures. Under procedures adopted by the Committee, it may
10		meet at any time, confer with any individuals, groups, and
11		agencies; and may issue reports or recommendations on any
12		aspect of child abuse or neglect it deems appropriate.
13		(b) The Committee shall advise the Director on setting
14		priorities for the administration of child abuse prevention,
15		shelters and service programs, as specified in Section 4a of
16		"An Act creating the Department of Children and Family
17		Services, codifying its powers and duties, and repealing
18		certain Acts and Sections herein named", approved June 4, 1963,
19		as amended.
20		(c) The Committee shall advise the Director on policies and
21		procedures with respect to the medical neglect of newborns and
22		infants.
23		(Source: P.A. 84-611.)
24		Section 735. The High Risk Youth Career Development Act is
25		amended by changing Section 1 as follows:

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1		(325 ILCS 25/1) (from Ch. 23, par. 6551)
2		Sec. 1. The Department of Human Services (acting as
3		successor to the Illinois Department of Public Aid under the
4		Department of Human Services Act), in cooperation with the
5		Department of Commerce and Economic Opportunity, the Illinois
6		State Board of Education, the Department of Children and Family
7		Services, the Department of Employment Services and other
8		appropriate State and local agencies, may establish and
9		administer, on an experimental basis and subject to
10		appropriation, community-based programs providing
11		comprehensive, long-term intervention strategies to increase
12		future employability and career development among high risk
13		youth. The Department of Human Services, and the other
14		cooperating agencies, shall establish provisions for community
15		involvement in the design, development, implementation and
16		administration of these programs. The programs may provide the
17		following services: teaching of basic literacy and remedial
18		reading and writing; vocational training programs which are
19		realistic in terms of producing lifelong skills necessary for
20		career development; and supportive services including
21		transportation and child care during the training period and
22		for up to one year after placement in a job. The programs shall
23		be targeted to high risk youth residing in the geographic areas
24		served by the respective programs. "High risk" means that a
25		person is at least 16 years of age but not yet 21 years of age

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1		and possesses one or more of the following characteristics:
2		(1) Has low income;
3		(2) Is a member of a minority;
4		(3) Is illiterate;
5		(4) Is a school drop out;
6		(5) Is homeless;
7		(6) Is a person with a disability disabled;
8		(7) Is a parent; or
9		(8) Is a ward of the State.
10		The Department of Human Services and other cooperating
11		State agencies shall promulgate rules and regulations,
12		pursuant to the Illinois Administrative Procedure Act, for the
13		implementation of this Act, including procedures and standards
14		for determining whether a person possesses any of the
15		characteristics specified in this Section.
16		(Source: P.A. 94-793, eff. 5-19-06.)
17		Section 740. The War on Terrorism Compensation Act is
18		amended by changing Section 20 as follows:
19		(330 ILCS 32/20)
20		Sec. 20. Legal disability. If a person to whom compensation
21		is payable under this Act is under a legal disability, the
22		compensation shall be paid to the person legally vested with
23		the care of the person under a legal disability legally
24		disabled person under the laws of his or her state of

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1		residence. If no such person has been so designated for the
2		person under a legal disability legally disabled person,
3		payment shall be made to the chief officer of any hospital or
4		institution under the supervision or control of any state or of
5		the United States Department of Veterans Affairs in which the
6		person under a legal disability legally disabled person is
7		placed, if that officer is authorized to accept moneys for the
8		benefit of the person under a legal disability legally disabled
9		person. Any payments so made shall be held or used solely for
10		the benefit of the person under a legal disability legally
11		disabled person.
12		As used in this Section, a person under a legal disability
13		means a person found to be so by a court of competent
14		jurisdiction of any state or the District of Columbia or by any
15		adjudication officer of the United States Department of
16		Veterans Affairs.
17		(Source: P.A. 96-76, eff. 7-24-09.)
18		Section 745. The Prisoner of War Bonus Act is amended by
19		changing Section 4 as follows:
20		(330 ILCS 35/4) (from Ch. 126 1/2, par. 57.64)
21		Sec. 4. The Department of Veterans' Affairs has complete
22		charge and control of the general scheme of payments authorized
23		by this Act and shall adopt general rules for the making of
24		such payments, the ascertainment and selection of proper

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1		beneficiaries and the amount to which such beneficiaries are
2		entitled, and for procedure.
3		If the person to whom compensation is payable under this
4		Act is a person under a legal disability, it shall be paid to
5		the person legally vested with the care of such person under a
6		legal disability legally disabled person under the laws of this
7		State of residence. If no such person has been so designated
8		for the person under a legal disability legally disabled
9		person, payment shall be made to the chief officer of any
10		hospital or institution under the supervision or control of any
11		State or of the Veterans Administration of the United States in
12		which such person under a legal disability legally disabled
13		person is placed, if such officer is authorized to accept
14		moneys for the benefit of the person under a legal disability
15		legally disabled person. Any payments so made shall be held or
16		used solely for the benefit of the person under a legal
17		disability legally disabled person.
18		As used in this Section, a person under a legal disability
19		means any person found to be so disabled by a court of
20		competent jurisdiction of any State or the District of Columbia
21		or by any adjudication officer of the Veterans Administration
22		of the United States.
23		(Source: P.A. 85-169.)
24		Section 750. The Military Veterans Assistance Act is
25		amended by changing Section 6 as follows:

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1		(330 ILCS 45/6) (from Ch. 23, par. 3086)
2		Sec. 6. Overseers of military veterans assistance are
3		hereby prohibited from sending military veterans (or their
4		families or the families of those deceased) to any almshouse
5		(or orphan asylum) without the full concurrence and consent of
6		the commander and assistance committee of the post or camp of a
7		military veterans organization having jurisdiction as provided
8		in Sections 2 and 3 of this Act. Military veterans with
9		families and the families of deceased veterans, shall, whenever
10		practicable, be provided for and assisted at their homes in
11		such city or town in which they shall have a residence, in the
12		manner provided in Sections 2 and 3 of this Act. Needy veterans
13		or veterans with disabilities or disabled veterans of the
14		classes specified in Section 2 of this Act, who are not
15		mentally ill, and who have no families or friends with which
16		they may be domiciled, may be sent to any veterans home. Any
17		less fortunate veteran of either of the classes specified in
18		Section 2 of this Act or any member of the family of any living
19		or deceased veteran of said classes, who may be mentally ill,
20		shall, upon the recommendation of the commander and assistance
21		committee of such post or camp of a military veterans
22		organization, within the jurisdiction of which the case may
23		occur, be sent to any mental health facility and cared for as
24		provided for indigent persons who are mentally ill.
25		(Source: P.A. 87-796.)

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1		Section 755. The Disabled Veterans Housing Act is amended
2		by changing Section 0.01 as follows:
3		(330 ILCS 65/0.01) (from Ch. 126 1/2, par. 57.90)
4		Sec. 0.01. Short title. This Act may be cited as the
5		Housing for Veterans with Disabilities Disabled Veterans
6		Housing Act.
7		(Source: P.A. 86-1324.)
8		Section 760. The Children of Deceased Veterans Act is
9		amended by changing Section 1 as follows:
10		(330 ILCS 105/1) (from Ch. 126 1/2, par. 26)
11		Sec. 1. The Illinois Department of Veterans' Affairs shall
12		provide, insofar as moneys are appropriated for those purposes,
13		for matriculation and tuition fees, board, room rent, books and
14		supplies for the use and benefit of children, not under 10 and
15		not over 18 years of age, except extension of time may be
16		granted for a child to complete high school but in no event
17		beyond the 19th birthday who have for 12 months immediately
18		preceding their application for these benefits had their
19		domicile in the State of Illinois, of World War I veterans who
20		were killed in action or who died between April 6, 1917, and
21		July 2, 1921, and of World War II veterans who were killed in
22		action or died after December 6, 1941, and on or before

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1		December 31, 1946, and of Korean conflict veterans who were
2		killed in action or died between June 27, 1950 and January 31,
3		1955, and of Vietnam conflict veterans who were killed in
4		action or died between January 1, 1961 and May 7, 1975, as a
5		result of service in the Armed Forces of the United States or
6		from other causes of World War I, World War II, the Korean
7		conflict or the Vietnam conflict, who died, whether before or
8		after the cessation of hostilities, from service-connected
9		disability, and of any veterans who died during the induction
10		periods specified below or died of a service-connected
11		disability incurred during such induction periods, such
12		periods to be those beginning September 16, 1940, and ending
13		December 6, 1941, and beginning January 1, 1947 and ending June
14		26, 1950 and the period beginning February 1, 1955, and ending
15		on the day before the first day thereafter on which individuals
16		(other than individuals liable for induction by reason of prior
17		deferment) are no longer liable for induction for training and
18		service into the Armed Forces under the Universal Military
19		Training and Service Act, and beginning January 1, 1961 and
20		ending May 7, 1975 and of any veterans who are persons with a
21		total and permanent disability totally and permanently
22		disabled as a result of a service-connected disability (or who
23		died while a disability so evaluated was in existence); which
24		children are attending or may attend a state or private
25		educational institution of elementary or high school grade or a
26		business college, vocational training school, or other

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1		educational institution in this State where courses of
2		instruction are provided in subjects which would tend to enable
3		such children to engage in any useful trade, occupation or
4		profession. As used in this Act "service-connected" means, with
5		respect to disability or death, that such disability was
6		incurred or aggravated, or that the death resulted from a
7		disability incurred or aggravated, in the performance of active
8		duty or active duty for training in the military services. Such
9		children shall be admitted to state educational institutions
10		free of tuition. No more than $250.00 may be paid under this
11		Act for any one child for any one school year.
12		(Source: P.A. 94-106, eff. 7-1-05.)
13		Section 765. The Mental Health and Developmental
14		Disabilities Code is amended by changing Sections 1-106, 1-125,
15		2-101, 2-108, 2-114, 3-200, 3-400, 4-201, 4-201.1, 4-400,
16		4-500, 4-701, 5-105, 6-103.1, and 6-103.2 and by changing the
17		headings of Chapter IV, Article III of Chapter IV, Article IV
18		of Chapter IV, and Article V of Chapter IV as follows:
19		(405 ILCS 5/1-106) (from Ch. 91 1/2, par. 1-106)
20		Sec. 1-106. "Developmental disability" means a disability
21		which is attributable to: (a) an intellectual disability,
22		cerebral palsy, epilepsy or autism; or (b) any other condition
23		which results in impairment similar to that caused by an
24		intellectual disability and which requires services similar to

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1		those required by persons with an intellectual disability
2		intellectually disabled persons. Such disability must
3		originate before the age of 18 years, be expected to continue
4		indefinitely, and constitute a substantial disability
5		handicap.
6		(Source: P.A. 97-227, eff. 1-1-12; 97-813, eff. 7-13-12.)
7		(405 ILCS 5/1-125) (from Ch. 91 1/2, par. 1-125)
8		Sec. 1-125. "Restraint" means direct restriction through
9		mechanical means or personal physical force of the limbs, head
10		or body of a recipient. The partial or total immobilization of
11		a recipient for the purpose of performing a medical, surgical
12		or dental procedure or as part of a medically prescribed
13		procedure for the treatment of an existing physical disorder or
14		the amelioration of a physical disability handicap shall not
15		constitute restraint, provided that the duration, nature and
16		purposes of the procedures or immobilization are properly
17		documented in the recipient's record and, that if the
18		procedures or immobilization are applied continuously or
19		regularly for a period in excess of 24 hours, and for every 24
20		hour period thereafter during which the immobilization may
21		continue, they are authorized in writing by a physician or
22		dentist; and provided further, that any such immobilization
23		which extends for more than 30 days be reviewed by a physician
24		or dentist other than the one who originally authorized the
25		immobilization.

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1		Momentary periods of physical restriction by direct
2		person-to-person contact, without the aid of material or
3		mechanical devices, accomplished with limited force, and that
4		are designed to prevent a recipient from completing an act that
5		would result in potential physical harm to himself or another
6		shall not constitute restraint, but shall be documented in the
7		recipient's clinical record.
8		(Source: P.A. 86-1402; 87-124.)
9		(405 ILCS 5/2-101) (from Ch. 91 1/2, par. 2-101)
10		Sec. 2-101. No recipient of services shall be presumed to
11		be a person under a legal disability legally disabled, nor
12		shall such person be held to be a person under a legal
13		disability legally disabled except as determined by a court.
14		Such determination shall be separate from a judicial proceeding
15		held to determine whether a person is subject to involuntary
16		admission or meets the standard for judicial admission.
17		(Source: P.A. 85-971.)
18		(405 ILCS 5/2-108) (from Ch. 91 1/2, par. 2-108)
19		Sec. 2-108. Use of restraint. Restraint may be used only as
20		a therapeutic measure to prevent a recipient from causing
21		physical harm to himself or physical abuse to others. Restraint
22		may only be applied by a person who has been trained in the
23		application of the particular type of restraint to be utilized.
24		In no event shall restraint be utilized to punish or discipline

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1		a recipient, nor is restraint to be used as a convenience for
2		the staff.
3		(a) Except as provided in this Section, restraint shall be
4		employed only upon the written order of a physician, clinical
5		psychologist, clinical social worker, clinical professional
6		counselor, or registered nurse with supervisory
7		responsibilities. No restraint shall be ordered unless the
8		physician, clinical psychologist, clinical social worker,
9		clinical professional counselor, or registered nurse with
10		supervisory responsibilities, after personally observing and
11		examining the recipient, is clinically satisfied that the use
12		of restraint is justified to prevent the recipient from causing
13		physical harm to himself or others. In no event may restraint
14		continue for longer than 2 hours unless within that time period
15		a nurse with supervisory responsibilities or a physician
16		confirms, in writing, following a personal examination of the
17		recipient, that the restraint does not pose an undue risk to
18		the recipient's health in light of the recipient's physical or
19		medical condition. The order shall state the events leading up
20		to the need for restraint and the purposes for which restraint
21		is employed. The order shall also state the length of time
22		restraint is to be employed and the clinical justification for
23		that length of time. No order for restraint shall be valid for
24		more than 16 hours. If further restraint is required, a new
25		order must be issued pursuant to the requirements provided in
26		this Section.

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1		(b) In the event there is an emergency requiring the
2		immediate use of restraint, it may be ordered temporarily by a
3		qualified person only where a physician, clinical
4		psychologist, clinical social worker, clinical professional
5		counselor, or registered nurse with supervisory
6		responsibilities is not immediately available. In that event,
7		an order by a nurse, clinical psychologist, clinical social
8		worker, clinical professional counselor, or physician shall be
9		obtained pursuant to the requirements of this Section as
10		quickly as possible, and the recipient shall be examined by a
11		physician or supervisory nurse within 2 hours after the initial
12		employment of the emergency restraint. Whoever orders
13		restraint in emergency situations shall document its necessity
14		and place that documentation in the recipient's record.
15		(c) The person who orders restraint shall inform the
16		facility director or his designee in writing of the use of
17		restraint within 24 hours.
18		(d) The facility director shall review all restraint orders
19		daily and shall inquire into the reasons for the orders for
20		restraint by any person who routinely orders them.
21		(e) Restraint may be employed during all or part of one 24
22		hour period, the period commencing with the initial application
23		of the restraint. However, once restraint has been employed
24		during one 24 hour period, it shall not be used again on the
25		same recipient during the next 48 hours without the prior
26		written authorization of the facility director.

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1		(f) Restraint shall be employed in a humane and therapeutic
2		manner and the person being restrained shall be observed by a
3		qualified person as often as is clinically appropriate but in
4		no event less than once every 15 minutes. The qualified person
5		shall maintain a record of the observations. Specifically,
6		unless there is an immediate danger that the recipient will
7		physically harm himself or others, restraint shall be loosely
8		applied to permit freedom of movement. Further, the recipient
9		shall be permitted to have regular meals and toilet privileges
10		free from the restraint, except when freedom of action may
11		result in physical harm to the recipient or others.
12		(g) Every facility that employs restraint shall provide
13		training in the safe and humane application of each type of
14		restraint employed. The facility shall not authorize the use of
15		any type of restraint by an employee who has not received
16		training in the safe and humane application of that type of
17		restraint. Each facility in which restraint is used shall
18		maintain records detailing which employees have been trained
19		and are authorized to apply restraint, the date of the training
20		and the type of restraint that the employee was trained to use.
21		(h) Whenever restraint is imposed upon any recipient whose
22		primary mode of communication is sign language, the recipient
23		shall be permitted to have his hands free from restraint for
24		brief periods each hour, except when freedom may result in
25		physical harm to the recipient or others.
26		(i) A recipient who is restrained may only be secluded at

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1		the same time pursuant to an explicit written authorization as
2		provided in Section 2-109 of this Code. Whenever a recipient is
3		restrained, a member of the facility staff shall remain with
4		the recipient at all times unless the recipient has been
5		secluded. A recipient who is restrained and secluded shall be
6		observed by a qualified person as often as is clinically
7		appropriate but in no event less than every 15 minutes.
8		(j) Whenever restraint is used, the recipient shall be
9		advised of his right, pursuant to Sections 2-200 and 2-201 of
10		this Code, to have any person of his choosing, including the
11		Guardianship and Advocacy Commission or the agency designated
12		pursuant to the Protection and Advocacy for Persons with
13		Developmental Disabilities Developmentally Disabled Persons
14		Act notified of the restraint. A recipient who is under
15		guardianship may request that any person of his choosing be
16		notified of the restraint whether or not the guardian approves
17		of the notice. Whenever the Guardianship and Advocacy
18		Commission is notified that a recipient has been restrained, it
19		shall contact that recipient to determine the circumstances of
20		the restraint and whether further action is warranted.
21		(Source: P.A. 98-137, eff. 8-2-13.)
22		(405 ILCS 5/2-114) (from Ch. 91 1/2, par. 2-114)
23		Sec. 2-114. (a) Whenever an attorney or other advocate from
24		the Guardianship and Advocacy Commission or the agency
25		designated by the Governor under Section 1 of the Protection

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1		and Advocacy for Persons with Developmental Disabilities
2		Developmentally Disabled Persons Act or any other attorney
3		advises a facility in which a recipient is receiving inpatient
4		mental health services that he is presently representing the
5		recipient, or has been appointed by any court or administrative
6		agency to do so or has been requested to represent the
7		recipient by a member of the recipient's family, the facility
8		shall, subject to the provisions of Section 2-113 of this Code,
9		disclose to the attorney or advocate whether the recipient is
10		presently residing in the facility and, if so, how the attorney
11		or advocate may communicate with the recipient.
12		(b) The facility may take reasonable precautions to
13		identify the attorney or advocate. No further information shall
14		be disclosed to the attorney or advocate except in conformity
15		with the authorization procedures contained in the Mental
16		Health and Developmental Disabilities Confidentiality Act.
17		(c) Whenever the location of the recipient has been
18		disclosed to an attorney or advocate, the facility director
19		shall inform the recipient of that fact and shall note this
20		disclosure in the recipient's records.
21		(d) An attorney or advocate who receives any information
22		under this Section may not disclose this information to anyone
23		else without the written consent of the recipient obtained
24		pursuant to Section 5 of the Mental Health and Developmental
25		Disabilities Confidentiality Act.
26		(Source: P.A. 91-357, eff. 7-29-99.)

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1		(405 ILCS 5/3-200) (from Ch. 91 1/2, par. 3-200)
2		Sec. 3-200. (a) A person may be admitted as an inpatient to
3		a mental health facility for treatment of mental illness only
4		as provided in this Chapter, except that a person may be
5		transferred by the Department of Corrections pursuant to the
6		Unified Code of Corrections. A person transferred by the
7		Department of Corrections in this manner may be released only
8		as provided in the Unified Code of Corrections.
9		(b) No person who is diagnosed as a person with an
10		intellectual disability intellectually disabled or a person
11		with a developmental disability may be admitted or transferred
12		to a Department mental health facility or, any portion thereof,
13		except as provided in this Chapter. However, the evaluation and
14		placement of such persons shall be governed by Article II of
15		Chapter 4 of this Code.
16		(Source: P.A. 97-227, eff. 1-1-12.)
17		(405 ILCS 5/3-400) (from Ch. 91 1/2, par. 3-400)
18		Sec. 3-400. Voluntary admission to mental health facility.
19		(a) Any person 16 or older, including a person adjudicated
20		a person with a disability disabled person, may be admitted to
21		a mental health facility as a voluntary recipient for treatment
22		of a mental illness upon the filing of an application with the
23		facility director of the facility if the facility director
24		determines and documents in the recipient's medical record that

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1		the person (1) is clinically suitable for admission as a
2		voluntary recipient and (2) has the capacity to consent to
3		voluntary admission.
4		(b) For purposes of consenting to voluntary admission, a
5		person has the capacity to consent to voluntary admission if,
6		in the professional judgment of the facility director or his or
7		her designee, the person is able to understand that:
8		(1) He or she is being admitted to a mental health
9		facility.
10		(2) He or she may request discharge at any time. The
11		request must be in writing, and discharge is not automatic.
12		(3) Within 5 business days after receipt of the written
13		request for discharge, the facility must either discharge
14		the person or initiate commitment proceedings.
15		(c) No mental health facility shall require the completion
16		of a petition or certificate as a condition of accepting the
17		admission of a recipient who is being transported to that
18		facility from any other inpatient or outpatient healthcare
19		facility if the recipient has completed an application for
20		voluntary admission to the receiving facility pursuant to this
21		Section.
22		(Source: P.A. 96-612, eff. 1-1-10; 97-375, eff. 8-15-11.)
23		(405 ILCS 5/Ch. IV heading)
24		CHAPTER IV
25		ADMISSION, TRANSFER, AND DISCHARGE PROCEDURES

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1		FOR PERSONS WITH DEVELOPMENTAL DISABILITIES THE
2		DEVELOPMENTALLY DISABLED
3		(405 ILCS 5/4-201) (from Ch. 91 1/2, par. 4-201)
4		Sec. 4-201. (a) A person with an intellectual disability An
5		intellectually disabled person shall not reside in a Department
6		mental health facility unless the person is evaluated and is
7		determined to be a person with mental illness and the facility
8		director determines that appropriate treatment and
9		habilitation are available and will be provided to such person
10		on the unit. In all such cases the Department mental health
11		facility director shall certify in writing within 30 days of
12		the completion of the evaluation and every 30 days thereafter,
13		that the person has been appropriately evaluated, that services
14		specified in the treatment and habilitation plan are being
15		provided, that the setting in which services are being provided
16		is appropriate to the person's needs, and that provision of
17		such services fully complies with all applicable federal
18		statutes and regulations concerning the provision of services
19		to persons with a developmental disability. Those regulations
20		shall include, but not be limited to the regulations which
21		govern the provision of services to persons with a
22		developmental disability in facilities certified under the
23		Social Security Act for federal financial participation,
24		whether or not the facility or portion thereof in which the
25		recipient has been placed is presently certified under the

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1		Social Security Act or would be eligible for such certification
2		under applicable federal regulations. The certifications shall
3		be filed in the recipient's record and with the office of the
4		Secretary of the Department. A copy of the certification shall
5		be given to the person, an attorney or advocate who is
6		representing the person and the person's guardian.
7		(b) Any person admitted to a Department mental health
8		facility who is reasonably suspected of having a mild or
9		moderate intellectual disability being mildly or moderately
10		intellectually disabled, including those who also have a mental
11		illness, shall be evaluated by a multidisciplinary team which
12		includes a qualified intellectual disabilities professional
13		designated by the Department facility director. The evaluation
14		shall be consistent with Section 4-300 of Article III in this
15		Chapter, and shall include: (1) a written assessment of whether
16		the person needs a habilitation plan and, if so, (2) a written
17		habilitation plan consistent with Section 4-309, and (3) a
18		written determination whether the admitting facility is
19		capable of providing the specified habilitation services. This
20		evaluation shall occur within a reasonable period of time, but
21		in no case shall that period exceed 14 days after admission. In
22		all events, a treatment plan shall be prepared for the person
23		within 3 days of admission, and reviewed and updated every 30
24		days, consistent with Section 3-209 of this Code.
25		(c) Any person admitted to a Department mental health
26		facility with an admitting diagnosis of a severe or profound

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1		intellectual disability shall be transferred to an appropriate
2		facility or unit for persons with a developmental disability
3		within 72 hours of admission unless transfer is contraindicated
4		by the person's medical condition documented by appropriate
5		medical personnel. Any person diagnosed with a severe or
6		profound intellectual disability as severely or profoundly
7		intellectually disabled while in a Department mental health
8		facility shall be transferred to an appropriate facility or
9		unit for persons with a developmental disability within 72
10		hours of such diagnosis unless transfer is contraindicated by
11		the person's medical condition documented by appropriate
12		medical personnel.
13		(d) The Secretary of the Department shall designate a
14		qualified intellectual disabilities professional in each of
15		its mental health facilities who has responsibility for
16		insuring compliance with the provisions of Sections 4-201 and
17		4-201.1.
18		(Source: P.A. 97-227, eff. 1-1-12.)
19		(405 ILCS 5/4-201.1) (from Ch. 91 1/2, par. 4-201.1)
20		Sec. 4-201.1. (a) A person residing in a Department mental
21		health facility who is evaluated as having a mild or moderate
22		intellectual disability being mildly or moderately
23		intellectually disabled, an attorney or advocate representing
24		the person, or a guardian of such person may object to the
25		Department facility director's certification required in

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1		Section 4-201, the treatment and habilitation plan, or
2		appropriateness of setting, and obtain an administrative
3		decision requiring revision of a treatment or habilitation plan
4		or change of setting, by utilization review as provided in
5		Sections 3-207 and 4-209 of this Code. As part of this
6		utilization review, the Committee shall include as one of its
7		members a qualified intellectual disabilities professional.
8		(b) The mental health facility director shall give written
9		notice to each person evaluated as having a mild or moderate
10		intellectual disability being mildly or moderately
11		intellectually disabled, the person's attorney and guardian,
12		if any, or in the case of a minor, to his or her attorney, to
13		the parent, guardian or person in loco parentis and to the
14		minor if 12 years of age or older, of the person's right to
15		request a review of the facility director's initial or
16		subsequent determination that such person is appropriately
17		placed or is receiving appropriate services. The notice shall
18		also provide the address and phone number of the Legal Advocacy
19		Service of the Guardianship and Advocacy Commission, which the
20		person or guardian can contact for legal assistance. If
21		requested, the facility director shall assist the person or
22		guardian in contacting the Legal Advocacy Service. This notice
23		shall be given within 24 hours of Department's evaluation that
24		the person has a mild or moderate intellectual disability is
25		mildly or moderately intellectually disabled.
26		(c) Any recipient of services who successfully challenges a

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1		final decision of the Secretary of the Department (or his or
2		her designee) reviewing an objection to the certification
3		required under Section 4-201, the treatment and habilitation
4		plan, or the appropriateness of the setting shall be entitled
5		to recover reasonable attorney's fees incurred in that
6		challenge, unless the Department's position was substantially
7		justified.
8		(Source: P.A. 97-227, eff. 1-1-12.)
9		(405 ILCS 5/Ch. IV Art. III heading)
10		ARTICLE III. ADMINISTRATIVE AND TEMPORARY ADMISSION
11		OF PERSONS WITH DEVELOPMENTAL DISABILITIES THE DEVELOPMENTALLY
12		DISABLED
13		(405 ILCS 5/Ch. IV Art. IV heading)
14		ARTICLE IV. EMERGENCY ADMISSION
15		OF PERSONS WITH INTELLECTUAL DISABILITIES THE INTELLECTUALLY
16		DISABLED
17		(Source: P.A. 97-227, eff. 1-1-12.)
18		(405 ILCS 5/4-400) (from Ch. 91 1/2, par. 4-400)
19		Sec. 4-400. (a) A person 18 years of age or older may be
20		admitted on an emergency basis to a facility under this Article
21		if the facility director of the facility determines: (1) that
22		he is a person with an intellectual disability intellectually
23		disabled; (2) that he is reasonably expected to inflict serious

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1		physical harm upon himself or another in the near future; and
2		(3) that immediate admission is necessary to prevent such harm.
3		(b) Persons with a developmental disability under 18 years
4		of age and persons with a developmental disability 18 years of
5		age or over who are under guardianship or who are seeking
6		admission on their own behalf may be admitted for emergency
7		care under Section 4-311.
8		(Source: P.A. 97-227, eff. 1-1-12.)
9		(405 ILCS 5/Ch. IV Art. V heading)
10		ARTICLE V. JUDICIAL ADMISSION FOR THE
11		PERSONS WITH INTELLECTUAL DISABILITIES INTELLECTUALLY DISABLED
12		(Source: P.A. 97-227, eff. 1-1-12.)
13		(405 ILCS 5/4-500) (from Ch. 91 1/2, par. 4-500)
14		Sec. 4-500. A person 18 years of age or older may be
15		admitted to a facility upon court order under this Article if
16		the court determines: (1) that he is a person with an
17		intellectual disability intellectually disabled; and (2) that
18		he is reasonably expected to inflict serious physical harm upon
19		himself or another in the near future.
20		(Source: P.A. 97-227, eff. 1-1-12.)
21		(405 ILCS 5/4-701) (from Ch. 91 1/2, par. 4-701)
22		Sec. 4-701. (a) Any client admitted to a developmental
23		disabilities facility under this Chapter may be discharged

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1		whenever the facility director determines that he is suitable
2		for discharge.
3		(b) Any client admitted to a facility or program of
4		nonresidential services upon court order under Article V of
5		this Chapter or admitted upon court order as a person with an
6		intellectual disability or as intellectually disabled or
7		mentally deficient under any prior statute shall be discharged
8		whenever the facility director determines that he no longer
9		meets the standard for judicial admission. When the facility
10		director believes that continued residence is advisable for
11		such a client, he shall inform the client and his guardian, if
12		any, that the client may remain at the facility on
13		administrative admission status. When a facility director
14		discharges or changes the status of such client, he shall
15		promptly notify the clerk of the court who shall note the
16		action in the court record.
17		(c) When the facility director discharges a client pursuant
18		to subsection (b) of this Section, he shall promptly notify the
19		State's Attorney of the county in which the client resided
20		immediately prior to his admission to a developmental
21		disabilities facility. Upon receipt of such notice, the State's
22		Attorney may notify such peace officers that he deems
23		appropriate.
24		(d) The facility director may grant a temporary release to
25		any client when such release is appropriate and consistent with
26		the habilitation needs of the client.

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1		(Source: P.A. 97-227, eff. 1-1-12; 98-463, eff. 8-16-13.)
2		(405 ILCS 5/5-105) (from Ch. 91 1/2, par. 5-105)
3		Sec. 5-105. Each recipient of services provided directly or
4		funded by the Department and the estate of that recipient is
5		liable for the payment of sums representing charges for
6		services to the recipient at a rate to be determined by the
7		Department in accordance with this Act. If a recipient is a
8		beneficiary of a trust described in Section 15.1 of the Trusts
9		and Trustees Act, the trust shall not be considered a part of
10		the recipient's estate and shall not be subject to payment for
11		services to the recipient under this Section except to the
12		extent permitted under Section 15.1 of the Trusts and Trustees
13		Act. If the recipient is unable to pay or if the estate of the
14		recipient is insufficient, the responsible relatives are
15		severally liable for the payment of those sums or for the
16		balance due in case less than the amount prescribed under this
17		Act has been paid. If the recipient is under the age of 18, the
18		recipient and responsible relative shall be liable for medical
19		costs on a case-by-case basis for services for the diagnosis
20		and treatment of conditions other than that child's disabling
21		handicapping condition. The liability shall be the lesser of
22		the cost of medical care or the amount of responsible relative
23		liability established by the Department under Section 5-116.
24		Any person 18 through 21 years of age who is receiving services
25		under the Education for All Handicapped Children Act of 1975

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1		(Public Law 94-142) or that person's responsible relative shall
2		only be liable for medical costs on a case-by-case basis for
3		services for the diagnosis and treatment of conditions other
4		than the person's disabling handicapping condition. The
5		liability shall be the lesser of the cost of medical care or
6		the amount of responsible relative liability established by the
7		Department under Section 5-116. In the case of any person who
8		has received residential services from the Department, whether
9		directly from the Department or through a public or private
10		agency or entity funded by the Department, the liability shall
11		be the same regardless of the source of services. The maximum
12		services charges for each recipient assessed against
13		responsible relatives collectively may not exceed financial
14		liability determined from income in accordance with Section
15		5-116. Where the recipient is placed in a nursing home or other
16		facility outside the Department, the Department may pay the
17		actual cost of services in that facility and may collect
18		reimbursement for the entire amount paid from the recipient or
19		an amount not to exceed those amounts determined under Section
20		5-116 from responsible relatives according to their
21		proportionate ability to contribute to those charges. The
22		liability of each responsible relative for payment of services
23		charges ceases when payments on the basis of financial ability
24		have been made for a total of 12 years for any recipient, and
25		any portion of that 12 year period during which a responsible
26		relative has been determined by the Department to be

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1		financially unable to pay any services charges must be included
2		in fixing the total period of liability. No child is liable
3		under this Act for services to a parent. No spouse is liable
4		under this Act for the services to the other spouse who
5		wilfully failed to contribute to the spouse's support for a
6		period of 5 years immediately preceding his or her admission.
7		Any spouse claiming exemption because of wilful failure to
8		support during any such 5 year period must furnish the
9		Department with clear and convincing evidence substantiating
10		the claim. No parent is liable under this Act for the services
11		charges incurred by a child after the child reaches the age of
12		majority. Nothing in this Section shall preclude the Department
13		from applying federal benefits that are specifically provided
14		for the care and treatment of a person with a disability
15		disabled person toward the cost of care provided by a State
16		facility or private agency.
17		(Source: P.A. 87-311; 88-380.)
18		(405 ILCS 5/6-103.1)
19		Sec. 6-103.1. Adjudication as a person with a mental
20		disability mentally disabled person. When a person has been
21		adjudicated as a person with a mental disability mentally
22		disabled person as defined in Section 1.1 of the Firearm Owners
23		Identification Card Act, including, but not limited to, an
24		adjudication as a person with a disability disabled person as
25		defined in Section 11a-2 of the Probate Act of 1975, the court

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1		shall direct the circuit court clerk to notify the Department
2		of State Police, Firearm Owner's Identification (FOID) Office,
3		in a form and manner prescribed by the Department of State
4		Police, and shall forward a copy of the court order to the
5		Department no later than 7 days after the entry of the order.
6		Upon receipt of the order, the Department of State Police shall
7		provide notification to the National Instant Criminal
8		Background Check System.
9		(Source: P.A. 97-1131, eff. 1-1-13; 98-63, eff. 7-9-13.)
10		(405 ILCS 5/6-103.2)
11		Sec. 6-103.2. Developmental disability; notice. For
12		purposes of this Section, if a person is determined to be a
13		person with a developmental disability developmentally
14		disabled as defined in Section 1.1 of the Firearm Owners
15		Identification Card Act by a physician, clinical psychologist,
16		or qualified examiner, whether practicing at a public or by a
17		private mental health facility or developmental disability
18		facility, the physician, clinical psychologist, or qualified
19		examiner shall notify the Department of Human Services within
20		24 hours of making the determination that the person has a
21		developmental disability. The Department of Human Services
22		shall immediately update its records and information relating
23		to mental health and developmental disabilities, and if
24		appropriate, shall notify the Department of State Police in a
25		form and manner prescribed by the Department of State Police.

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1		Information disclosed under this Section shall remain
2		privileged and confidential, and shall not be redisclosed,
3		except as required under subsection (e) of Section 3.1 of the
4		Firearm Owners Identification Card Act, nor used for any other
5		purpose. The method of providing this information shall
6		guarantee that the information is not released beyond that
7		which is necessary for the purpose of this Section and shall be
8		provided by rule by the Department of Human Services. The
9		identity of the person reporting under this Section shall not
10		be disclosed to the subject of the report.
11		The physician, clinical psychologist, or qualified
12		examiner making the determination and his or her employer may
13		not be held criminally, civilly, or professionally liable for
14		making or not making the notification required under this
15		Section, except for willful or wanton misconduct.
16		(Source: P.A. 98-63, eff. 7-9-13.)
17		Section 770. The Community Mental Health Act is amended by
18		changing the title of the Act as follows:
19		(405 ILCS 20/Act title)
20		An Act relating to community mental health facilities and
21		services, including those for persons with developmental
22		disabilities the developmentally disabled and the substance
23		abusers abuser.

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1		Section 775. The Specialized Living Centers Act is amended
2		by changing the title of the Act and by changing Section 2.03
3		as follows:
4		(405 ILCS 25/Act title)
5		An Act in relation to specialized living centers for
6		persons with developmental disabilities the developmentally
7		disabled and to amend Acts therein named in connection
8		therewith.
9		(405 ILCS 25/2.03) (from Ch. 91 1/2, par. 602.03)
10		Sec. 2.03. "Person with a developmental disability" means
11		individuals whose disability is attributable to an
12		intellectual disability, cerebral palsy, epilepsy or other
13		neurological condition which generally originates before such
14		individuals attain age 18 which had continued or can be
15		expected to continue indefinitely and which constitutes a
16		substantial disability handicap to such individuals.
17		(Source: P.A. 97-227, eff. 1-1-12.)
18		Section 780. The Community Services Act is amended by
19		changing the title of the Act and Sections 1, 2, 3, and 4.4 as
20		follows:
21		(405 ILCS 30/Act title)
22		An Act to facilitate the establishment of community

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1		services for persons who are mentally ill, developmentally
2		disabled, alcohol dependent, or addicted or who are persons
3		with developmental disabilities.
4		(405 ILCS 30/1) (from Ch. 91 1/2, par. 901)
5		Sec. 1. Purpose. It is declared to be the policy and intent
6		of the Illinois General Assembly that the Department of Human
7		Services assume leadership in facilitating the establishment
8		of comprehensive and coordinated arrays of private and public
9		services for persons with mental illness, persons with a
10		developmental disability, and alcohol and drug dependent
11		citizens residing in communities throughout the state. The
12		Department shall work in partnership with local government
13		entities, direct service providers, voluntary associations and
14		communities to create a system that is sensitive to the needs
15		of local communities and which complements existing family and
16		other natural supports, social institutions and programs.
17		The goals of the service system shall include but not be
18		limited to the following: to strengthen the disabled
19		individual's independence, self-esteem, and ability of the
20		individual with a disability to participate in and contribute
21		to community life; to insure continuity of care for clients; to
22		enable persons with disabilities disabled persons to access
23		needed services, commensurate with their individual wishes and
24		needs, regardless of where they reside in the state; to prevent
25		unnecessary institutionalization and the dislocation of

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1		individuals from their home communities; to provide a range of
2		services so that persons can receive these services in settings
3		which do not unnecessarily restrict their liberty; and to
4		encourage clients to move among settings as their needs change.
5		The system shall include provision of services in the areas
6		of prevention, client assessment and diagnosis, case
7		coordination, crisis and emergency care, treatment and
8		habilitation and support services, and community residential
9		alternatives to institutional settings. The General Assembly
10		recognizes that community programs are an integral part of the
11		larger service system, which includes state-operated
12		facilities for persons who cannot receive appropriate services
13		in the community.
14		Towards achievement of these ends, the Department of Human
15		Services, working in coordination with other State agencies,
16		shall assume responsibilities pursuant to this Act, which
17		includes activities in the areas of planning, quality
18		assurance, program evaluation, community education, and the
19		provision of financial and technical assistance to local
20		provider agencies.
21		(Source: P.A. 88-380; 89-507, eff. 7-1-97.)
22		(405 ILCS 30/2) (from Ch. 91 1/2, par. 902)
23		Sec. 2. Community Services System. Services should be
24		planned, developed, delivered and evaluated as part of a
25		comprehensive and coordinated system. The Department of Human

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1		Services shall encourage the establishment of services in each
2		area of the State which cover the services categories described
3		below. What specific services are provided under each service
4		category shall be based on local needs; special attention shall
5		be given to unserved and underserved populations, including
6		children and youth, racial and ethnic minorities, and the
7		elderly. The service categories shall include:
8		(a) Prevention: services designed primarily to reduce
9		the incidence and ameliorate the severity of developmental
10		disabilities, mental illness and alcohol and drug
11		dependence;
12		(b) Client Assessment and Diagnosis: services designed
13		to identify persons with developmental disabilities,
14		mental illness and alcohol and drug dependency; to
15		determine the extent of the disability and the level of
16		functioning; to ensure that the individual's need for
17		treatment of mental disorders or substance use disorders or
18		co-occurring substance use and mental health disorders is
19		determined using a uniform screening, assessment, and
20		evaluation process inclusive of criteria; for purposes of
21		this subsection (b), a uniform screening, assessment, and
22		evaluation process refers to a process that includes an
23		appropriate evaluation and, as warranted, a referral;
24		"uniform" does not mean the use of a singular instrument,
25		tool, or process that all must utilize; information
26		obtained through client evaluation can be used in

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1		individual treatment and habilitation plans; to assure
2		appropriate placement and to assist in program evaluation;
3		(c) Case Coordination: services to provide information
4		and assistance to persons with disabilities to ensure
5		disabled persons to insure that they obtain needed services
6		provided by the private and public sectors; case
7		coordination services should be available to individuals
8		whose functioning level or history of institutional
9		recidivism or long-term care indicate that such assistance
10		is required for successful community living;
11		(d) Crisis and Emergency: services to assist
12		individuals and their families through crisis periods, to
13		stabilize individuals under stress and to prevent
14		unnecessary institutionalization;
15		(e) Treatment, Habilitation and Support: services
16		designed to help individuals develop skills which promote
17		independence and improved levels of social and vocational
18		functioning and personal growth; and to provide
19		non-treatment support services which are necessary for
20		successful community living;
21		(f) Community Residential Alternatives to
22		Institutional Settings: services to provide living
23		arrangements for persons unable to live independently; the
24		level of supervision, services provided and length of stay
25		at community residential alternatives will vary by the type
26		of program and the needs and functioning level of the

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1		residents; other services may be provided in a community
2		residential alternative which promote the acquisition of
3		independent living skills and integration with the
4		community.
5		(Source: P.A. 97-1061, eff. 8-24-12.)
6		(405 ILCS 30/3) (from Ch. 91 1/2, par. 903)
7		Sec. 3. Responsibilities for Community Services. Pursuant
8		to this Act, the Department of Human Services shall facilitate
9		the establishment of a comprehensive and coordinated array of
10		community services based upon a federal, State and local
11		partnership. In order to assist in implementation of this Act,
12		the Department shall prescribe and publish rules and
13		regulations. The Department may request the assistance of other
14		State agencies, local government entities, direct services
15		providers, trade associations, and others in the development of
16		these regulations or other policies related to community
17		services.
18		The Department shall assume the following roles and
19		responsibilities for community services:
20		(a) Service Priorities. Within the service categories
21		described in Section 2 of this Act, establish and publish
22		priorities for community services to be rendered, and priority
23		populations to receive these services.
24		(b) Planning. By January 1, 1994 and by January 1 of each
25		third year thereafter, prepare and publish a Plan which

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1		describes goals and objectives for community services
2		state-wide and for regions and subregions needs assessment,
3		steps and time-tables for implementation of the goals also
4		shall be included; programmatic goals and objectives for
5		community services shall cover the service categories defined
6		in Section 2 of this Act; the Department shall insure local
7		participation in the planning process.
8		(c) Public Information and Education. Develop programs
9		aimed at improving the relationship between communities and
10		their residents with disabilities; prepare and disseminate
11		public information and educational materials on the prevention
12		of developmental disabilities, mental illness, and alcohol or
13		drug dependence, and on available treatment and habilitation
14		services for persons with these disabilities.
15		(d) Quality Assurance. Promulgate minimum program
16		standards, rules and regulations to insure that Department
17		funded services maintain acceptable quality and assure
18		enforcement of these standards through regular monitoring of
19		services and through program evaluation; this applies except
20		where this responsibility is explicitly given by law to another
21		State agency.
22		(d-5) Accreditation requirements for providers of mental
23		health and substance abuse treatment services. Except when the
24		federal or State statutes authorizing a program, or the federal
25		regulations implementing a program, are to the contrary,
26		accreditation shall be accepted by the Department in lieu of

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1		the Department's facility or program certification or
2		licensure onsite review requirements and shall be accepted as a
3		substitute for the Department's administrative and program
4		monitoring requirements, except as required by subsection
5		(d-10), in the case of:
6		(1) Any organization from which the Department
7		purchases mental health or substance abuse services and
8		that is accredited under any of the following: the
9		Comprehensive Accreditation Manual for Behavioral Health
10		Care (Joint Commission on Accreditation of Healthcare
11		Organizations (JCAHO)); the Comprehensive Accreditation
12		Manual for Hospitals (JCAHO); the Standards Manual for the
13		Council on Accreditation for Children and Family Services
14		(Council on Accreditation for Children and Family Services
15		(COA)); or the Standards Manual for Organizations Serving
16		People with Disabilities (the Rehabilitation Accreditation
17		Commission (CARF)).
18		(2) Any mental health facility or program licensed or
19		certified by the Department, or any substance abuse service
20		licensed by the Department, that is accredited under any of
21		the following: the Comprehensive Accreditation Manual for
22		Behavioral Health Care (JCAHO); the Comprehensive
23		Accreditation Manual for Hospitals (JCAHO); the Standards
24		Manual for the Council on Accreditation for Children and
25		Family Services (COA); or the Standards Manual for
26		Organizations Serving People with Disabilities (CARF).

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1		(3) Any network of providers from which the Department
2		purchases mental health or substance abuse services and
3		that is accredited under any of the following: the
4		Comprehensive Accreditation Manual for Behavioral Health
5		Care (JCAHO); the Comprehensive Accreditation Manual for
6		Hospitals (JCAHO); the Standards Manual for the Council on
7		Accreditation for Children and Family Services (COA); the
8		Standards Manual for Organizations Serving People with
9		Disabilities (CARF); or the National Committee for Quality
10		Assurance. A provider organization that is part of an
11		accredited network shall be afforded the same rights under
12		this subsection.
13		(d-10) For mental health and substance abuse services, the
14		Department may develop standards or promulgate rules that
15		establish additional standards for monitoring and licensing
16		accredited programs, services, and facilities that the
17		Department has determined are not covered by the accreditation
18		standards and processes. These additional standards for
19		monitoring and licensing accredited programs, services, and
20		facilities and the associated monitoring must not duplicate the
21		standards and processes already covered by the accrediting
22		bodies.
23		(d-15) The Department shall be given proof of compliance
24		with fire and health safety standards, which must be submitted
25		as required by rule.
26		(d-20) The Department, by accepting the survey or

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1		inspection of an accrediting organization, does not forfeit its
2		rights to perform inspections at any time, including contract
3		monitoring to ensure that services are provided in accordance
4		with the contract. The Department reserves the right to monitor
5		a provider of mental health and substance abuse treatment
6		services when the survey or inspection of an accrediting
7		organization has established any deficiency in the
8		accreditation standards and processes.
9		(d-25) On and after the effective date of this amendatory
10		Act of the 92nd General Assembly, the accreditation
11		requirements of this Section apply to contracted organizations
12		that are already accredited.
13		(e) Program Evaluation. Develop a system for conducting
14		evaluation of the effectiveness of community services,
15		according to preestablished performance standards; evaluate
16		the extent to which performance according to established
17		standards aids in achieving the goals of this Act; evaluation
18		data also shall be used for quality assurance purposes as well
19		as for planning activities.
20		(f) Research. Conduct research in order to increase
21		understanding of mental illness, developmental disabilities
22		and alcohol and drug dependence.
23		(g) Technical Assistance. Provide technical assistance to
24		provider agencies receiving funds or serving clients in order
25		to assist these agencies in providing appropriate, quality
26		services; also provide assistance and guidance to other State

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1		agencies and local governmental bodies serving persons with
2		disabilities the disabled in order to strengthen their efforts
3		to provide appropriate community services; and assist provider
4		agencies in accessing other available funding, including
5		federal, State, local, third-party and private resources.
6		(h) Placement Process. Promote the appropriate placement
7		of clients in community services through the development and
8		implementation of client assessment and diagnostic instruments
9		to assist in identifying the individual's service needs; client
10		assessment instruments also can be utilized for purposes of
11		program evaluation; whenever possible, assure that placements
12		in State-operated facilities are referrals from community
13		agencies.
14		(i) Interagency Coordination. Assume leadership in
15		promoting cooperation among State health and human service
16		agencies to insure that a comprehensive, coordinated community
17		services system is in place; to insure persons with a
18		disability access to needed services; and to insure continuity
19		of care and allow clients to move among service settings as
20		their needs change; also work with other agencies to establish
21		effective prevention programs.
22		(j) Financial Assistance. Provide financial assistance to
23		local provider agencies through purchase-of-care contracts and
24		grants, pursuant to Section 4 of this Act.
25		(Source: P.A. 95-682, eff. 10-11-07.)

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1		(405 ILCS 30/4.4)
2		Sec. 4.4. Funding reinvestment.
3		(a) The purposes of this Section are as follows:
4		(1) The General Assembly recognizes that the United
5		States Supreme Court in Olmstead v. L.C. ex Rel. Zimring,
6		119 S. Ct. 2176 (1999), affirmed that the unjustifiable
7		institutionalization of a person with a disability who
8		could live in the community with proper support, and wishes
9		to do so, is unlawful discrimination in violation of the
10		Americans with Disabilities Act (ADA). The State of
11		Illinois, along with all other states, is required to
12		provide appropriate residential and community-based
13		support services to persons with disabilities who wish to
14		live in a less restrictive setting.
15		(2) It is the purpose of this Section to help fulfill
16		the State's obligations under the Olmstead decision by
17		maximizing the level of funds for both developmental
18		disability and mental health services and supports in order
19		to maintain and create an array of residential and
20		supportive services for people with mental health needs and
21		developmental disabilities whenever they are transferred
22		into another facility or a community-based setting.
23		(b) In this Section:
24		"Office of Developmental Disabilities" means the Office of
25		Developmental Disabilities within the Department of Human
26		Services.

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1		"Office of Mental Health" means the Office of Mental Health
2		within the Department of Human Services.
3		(c) On and after the effective date of this amendatory Act
4		of the 94th General Assembly, every appropriation of State
5		moneys relating to funding for the Office of Developmental
6		Disabilities or the Office of Mental Health must comply with
7		this Section.
8		(d) Whenever any appropriation, or any portion of an
9		appropriation, for any fiscal year relating to the funding of
10		any State-operated facility operated by the Office of
11		Developmental Disabilities or any mental health facility
12		operated by the Office of Mental Health is reduced because of
13		any of the reasons set forth in the following items (1) through
14		(3), to the extent that savings are realized from these items,
15		those moneys must be directed toward providing other services
16		and supports for persons with developmental disabilities or
17		mental health needs:
18		(1) The closing of any such State-operated facility for
19		persons with developmental disabilities the
20		developmentally disabled or mental health facility.
21		(2) Reduction in the number of units or available beds
22		in any such State-operated facility for persons with
23		developmental disabilities the developmentally disabled or
24		mental health facility.
25		(3) Reduction in the number of staff employed in any
26		such State-operated facility for persons with

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1		developmental disabilities the developmentally disabled or
2		mental health facility.
3		In determining whether any savings are realized from items
4		(1) through (3), sufficient moneys shall be made available to
5		ensure that there is an appropriate level of staffing and that
6		life, safety, and care concerns are addressed so as to provide
7		for the remaining persons with developmental disabilities or
8		mental illness at any facility in the case of item (2) or (3)
9		or, in the case of item (1), such remaining persons at the
10		remaining State-operated facilities that will be expected to
11		handle the individuals previously served at the closed
12		facility.
13		(e) The purposes of redirecting this funding shall include,
14		but not be limited to, providing the following services and
15		supports for individuals with developmental disabilities and
16		mental health needs:
17		(1) Residence in the most integrated setting possible,
18		whether independent living in a private residence, a
19		Community Integrated Living Arrangement (CILA), a
20		supported residential program, an Intermediate Care
21		Facility for persons with Developmental Disabilities
22		(ICFDD), a supervised residential program, or supportive
23		housing, as appropriate.
24		(2) Residence in another State-operated facility.
25		(3) Rehabilitation and support services, including
26		assertive community treatment, case management, supportive

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1		and supervised day treatment, and psychosocial
2		rehabilitation.
3		(4) Vocational or developmental training, as
4		appropriate, that contributes to the person's independence
5		and employment potential.
6		(5) Employment or supported employment, as
7		appropriate, free from discrimination pursuant to the
8		Constitution and laws of this State.
9		(6) In-home family supports, such as respite services
10		and client and family supports.
11		(7) Periodic reevaluation, as needed.
12		(f) An appropriation may not circumvent the purposes of
13		this Section by transferring moneys within the funding system
14		for services and supports for persons with developmental
15		disabilities the developmentally disabled and the mentally ill
16		and then compensating for this transfer by redirecting other
17		moneys away from these services to provide funding for some
18		other governmental purpose or to relieve other State funding
19		expenditures.
20		(Source: P.A. 94-498, eff. 8-8-05.)
21		Section 785. The Protection and Advocacy for
22		Developmentally Disabled Persons Act is amended by changing
23		Section 0.01 as follows:
24		(405 ILCS 40/0.01) (from Ch. 91 1/2, par. 1150)

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1		Sec. 0.01. Short title. This Act may be cited as the
2		Protection and Advocacy for Persons with Developmental
3		Disabilities Developmentally Disabled Persons Act.
4		(Source: P.A. 86-1324.)
5		Section 790. The Developmental Disability and Mental
6		Disability Services Act is amended by changing Sections 2-1,
7		2-2, 2-3, 2-4, 2-5, 2-6, 2-8, 2-10, 2-11, 2-16, 3-1, 3-2, 3-3,
8		3-4, 3-9.1, 3-11, 4-1, and 5-1 as follows:
9		(405 ILCS 80/2-1) (from Ch. 91 1/2, par. 1802-1)
10		Sec. 2-1. This Article may be cited as the Home-Based
11		Support Services Law for Adults with Mental Disabilities
12		Mentally Disabled Adults.
13		(Source: P.A. 86-921.)
14		(405 ILCS 80/2-2) (from Ch. 91 1/2, par. 1802-2)
15		Sec. 2-2. The purpose of this Article is to authorize the
16		Department of Human Services to encourage, develop, sponsor and
17		fund home-based and community-based services for adults with
18		mental disabilities mentally disabled adults in order to
19		provide alternatives to institutionalization and to permit
20		adults with mental disabilities mentally disabled adults to
21		remain in their own homes.
22		(Source: P.A. 89-507, eff. 7-1-97.)

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1		(405 ILCS 80/2-3) (from Ch. 91 1/2, par. 1802-3)
2		Sec. 2-3. As used in this Article, unless the context
3		requires otherwise:
4		(a) "Agency" means an agency or entity licensed by the
5		Department pursuant to this Article or pursuant to the
6		Community Residential Alternatives Licensing Act.
7		(b) "Department" means the Department of Human Services, as
8		successor to the Department of Mental Health and Developmental
9		Disabilities.
10		(c) "Home-based services" means services provided to an
11		adult with a mental disability a mentally disabled adult who
12		lives in his or her own home. These services include but are
13		not limited to:
14		(1) home health services;
15		(2) case management;
16		(3) crisis management;
17		(4) training and assistance in self-care;
18		(5) personal care services;
19		(6) habilitation and rehabilitation services;
20		(7) employment-related services;
21		(8) respite care; and
22		(9) other skill training that enables a person to
23		become self-supporting.
24		(d) "Legal guardian" means a person appointed by a court of
25		competent jurisdiction to exercise certain powers on behalf of
26		an adult with a mental disability a mentally disabled adult.

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1		(e) "Adult with a mental disability Mentally disabled
2		adult" means a person over the age of 18 years who lives in his
3		or her own home; who needs home-based services, but does not
4		require 24-hour-a-day supervision; and who has one of the
5		following conditions: severe autism, severe mental illness, a
6		severe or profound intellectual disability, or severe and
7		multiple impairments.
8		(f) In one's "own home" means that an adult with a mental
9		disability a mentally disabled adult lives alone; or that an
10		adult with a mental disability a mentally disabled adult is in
11		full-time residence with his or her parents, legal guardian, or
12		other relatives; or that an adult with a mental disability a
13		mentally disabled adult is in full-time residence in a setting
14		not subject to licensure under the Nursing Home Care Act, the
15		Specialized Mental Health Rehabilitation Act of 2013, the ID/DD
16		Community Care Act, or the Child Care Act of 1969, as now or
17		hereafter amended, with 3 or fewer other adults unrelated to
18		the adult with a mental disability mentally disabled adult who
19		do not provide home-based services to the adult with a mental
20		disability mentally disabled adult.
21		(g) "Parent" means the biological or adoptive parent of an
22		adult with a mental disability a mentally disabled adult, or a
23		person licensed as a foster parent under the laws of this State
24		who acts as a mentally disabled adult's foster parent to an
25		adult with a mental disability.
26		(h) "Relative" means any of the following relationships by

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1		blood, marriage or adoption: parent, son, daughter, brother,
2		sister, grandparent, uncle, aunt, nephew, niece, great
3		grandparent, great uncle, great aunt, stepbrother, stepsister,
4		stepson, stepdaughter, stepparent or first cousin.
5		(i) "Severe autism" means a lifelong developmental
6		disability which is typically manifested before 30 months of
7		age and is characterized by severe disturbances in reciprocal
8		social interactions; verbal and nonverbal communication and
9		imaginative activity; and repertoire of activities and
10		interests. A person shall be determined severely autistic, for
11		purposes of this Article, if both of the following are present:
12		(1) Diagnosis consistent with the criteria for
13		autistic disorder in the current edition of the Diagnostic
14		and Statistical Manual of Mental Disorders.
15		(2) Severe disturbances in reciprocal social
16		interactions; verbal and nonverbal communication and
17		imaginative activity; repertoire of activities and
18		interests. A determination of severe autism shall be based
19		upon a comprehensive, documented assessment with an
20		evaluation by a licensed clinical psychologist or
21		psychiatrist. A determination of severe autism shall not be
22		based solely on behaviors relating to environmental,
23		cultural or economic differences.
24		(j) "Severe mental illness" means the manifestation of all
25		of the following characteristics:
26		(1) A primary diagnosis of one of the major mental

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1		disorders in the current edition of the Diagnostic and
2		Statistical Manual of Mental Disorders listed below:
3		(A) Schizophrenia disorder.
4		(B) Delusional disorder.
5		(C) Schizo-affective disorder.
6		(D) Bipolar affective disorder.
7		(E) Atypical psychosis.
8		(F) Major depression, recurrent.
9		(2) The individual's mental illness must substantially
10		impair his or her functioning in at least 2 of the
11		following areas:
12		(A) Self-maintenance.
13		(B) Social functioning.
14		(C) Activities of community living.
15		(D) Work skills.
16		(3) Disability must be present or expected to be
17		present for at least one year.
18		A determination of severe mental illness shall be based
19		upon a comprehensive, documented assessment with an evaluation
20		by a licensed clinical psychologist or psychiatrist, and shall
21		not be based solely on behaviors relating to environmental,
22		cultural or economic differences.
23		(k) "Severe or profound intellectual disability" means a
24		manifestation of all of the following characteristics:
25		(1) A diagnosis which meets Classification in Mental
26		Retardation or criteria in the current edition of the

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1		Diagnostic and Statistical Manual of Mental Disorders for
2		severe or profound mental retardation (an IQ of 40 or
3		below). This must be measured by a standardized instrument
4		for general intellectual functioning.
5		(2) A severe or profound level of disturbed adaptive
6		behavior. This must be measured by a standardized adaptive
7		behavior scale or informal appraisal by the professional in
8		keeping with illustrations in Classification in Mental
9		Retardation, 1983.
10		(3) Disability diagnosed before age of 18.
11		A determination of a severe or profound intellectual
12		disability shall be based upon a comprehensive, documented
13		assessment with an evaluation by a licensed clinical
14		psychologist or certified school psychologist or a
15		psychiatrist, and shall not be based solely on behaviors
16		relating to environmental, cultural or economic differences.
17		(l) "Severe and multiple impairments" means the
18		manifestation of all of the following characteristics:
19		(1) The evaluation determines the presence of a
20		developmental disability which is expected to continue
21		indefinitely, constitutes a substantial disability
22		handicap and is attributable to any of the following:
23		(A) Intellectual disability, which is defined as
24		general intellectual functioning that is 2 or more
25		standard deviations below the mean concurrent with
26		impairment of adaptive behavior which is 2 or more

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1		standard deviations below the mean. Assessment of the
2		individual's intellectual functioning must be measured
3		by a standardized instrument for general intellectual
4		functioning.
5		(B) Cerebral palsy.
6		(C) Epilepsy.
7		(D) Autism.
8		(E) Any other condition which results in
9		impairment similar to that caused by an intellectual
10		disability and which requires services similar to
11		those required by persons with intellectual
12		disabilities intellectually disabled persons.
13		(2) The evaluation determines multiple disabilities
14		handicaps in physical, sensory, behavioral or cognitive
15		functioning which constitute a severe or profound
16		impairment attributable to one or more of the following:
17		(A) Physical functioning, which severely impairs
18		the individual's motor performance that may be due to:
19		(i) Neurological, psychological or physical
20		involvement resulting in a variety of disabling
21		conditions such as hemiplegia, quadriplegia or
22		ataxia,
23		(ii) Severe organ systems involvement such as
24		congenital heart defect,
25		(iii) Physical abnormalities resulting in the
26		individual being non-mobile and non-ambulatory or

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1		confined to bed and receiving assistance in
2		transferring, or
3		(iv) The need for regular medical or nursing
4		supervision such as gastrostomy care and feeding.
5		Assessment of physical functioning must be based
6		on clinical medical assessment by a physician licensed
7		to practice medicine in all its branches, using the
8		appropriate instruments, techniques and standards of
9		measurement required by the professional.
10		(B) Sensory, which involves severe restriction due
11		to hearing or visual impairment limiting the
12		individual's movement and creating dependence in
13		completing most daily activities. Hearing impairment
14		is defined as a loss of 70 decibels aided or speech
15		discrimination of less than 50% aided. Visual
16		impairment is defined as 20/200 corrected in the better
17		eye or a visual field of 20 degrees or less. Sensory
18		functioning must be based on clinical medical
19		assessment by a physician licensed to practice
20		medicine in all its branches using the appropriate
21		instruments, techniques and standards of measurement
22		required by the professional.
23		(C) Behavioral, which involves behavior that is
24		maladaptive and presents a danger to self or others, is
25		destructive to property by deliberately breaking,
26		destroying or defacing objects, is disruptive by

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1		fighting, or has other socially offensive behaviors in
2		sufficient frequency or severity to seriously limit
3		social integration. Assessment of behavioral
4		functioning may be measured by a standardized scale or
5		informal appraisal by a clinical psychologist or
6		psychiatrist.
7		(D) Cognitive, which involves intellectual
8		functioning at a measured IQ of 70 or below. Assessment
9		of cognitive functioning must be measured by a
10		standardized instrument for general intelligence.
11		(3) The evaluation determines that development is
12		substantially less than expected for the age in cognitive,
13		affective or psychomotor behavior as follows:
14		(A) Cognitive, which involves intellectual
15		functioning at a measured IQ of 70 or below. Assessment
16		of cognitive functioning must be measured by a
17		standardized instrument for general intelligence.
18		(B) Affective behavior, which involves over and
19		under responding to stimuli in the environment and may
20		be observed in mood, attention to awareness, or in
21		behaviors such as euphoria, anger or sadness that
22		seriously limit integration into society. Affective
23		behavior must be based on clinical assessment using the
24		appropriate instruments, techniques and standards of
25		measurement required by the professional.
26		(C) Psychomotor, which includes a severe

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1		developmental delay in fine or gross motor skills so
2		that development in self-care, social interaction,
3		communication or physical activity will be greatly
4		delayed or restricted.
5		(4) A determination that the disability originated
6		before the age of 18 years.
7		A determination of severe and multiple impairments shall be
8		based upon a comprehensive, documented assessment with an
9		evaluation by a licensed clinical psychologist or
10		psychiatrist.
11		If the examiner is a licensed clinical psychologist,
12		ancillary evaluation of physical impairment, cerebral palsy or
13		epilepsy must be made by a physician licensed to practice
14		medicine in all its branches.
15		Regardless of the discipline of the examiner, ancillary
16		evaluation of visual impairment must be made by an
17		ophthalmologist or a licensed optometrist.
18		Regardless of the discipline of the examiner, ancillary
19		evaluation of hearing impairment must be made by an
20		otolaryngologist or an audiologist with a certificate of
21		clinical competency.
22		The only exception to the above is in the case of a person
23		with cerebral palsy or epilepsy who, according to the
24		eligibility criteria listed below, has multiple impairments
25		which are only physical and sensory. In such a case, a
26		physician licensed to practice medicine in all its branches may

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1		serve as the examiner.
2		(m) "Twenty-four-hour-a-day supervision" means
3		24-hour-a-day care by a trained mental health or developmental
4		disability professional on an ongoing basis.
5		(Source: P.A. 97-38, eff. 6-28-11; 97-227, eff. 1-1-12; 97-813,
6		eff. 7-13-12; 98-104, eff. 7-22-13.)
7		(405 ILCS 80/2-4) (from Ch. 91 1/2, par. 1802-4)
8		Sec. 2-4. The Department shall establish a Home-Based
9		Support Services Program for Adults with Mental Disabilities
10		Mentally Disabled Adults ("the Program") under this Article.
11		The purpose of the Program is to provide alternatives to
12		institutionalization of adults with mental disabilities
13		mentally disabled adults and to permit these individuals to
14		live in their own homes. The Department shall implement the
15		purpose of the Program by providing home-based services to
16		adults with mental disabilities mentally disabled adults who
17		need home-based services and who live in their own homes.
18		(Source: P.A. 86-921.)
19		(405 ILCS 80/2-5) (from Ch. 91 1/2, par. 1802-5)
20		Sec. 2-5. The Department shall establish eligibility
21		standards for the Program, taking into consideration the
22		disability levels and service needs of the target population.
23		The Department shall create application forms which shall be
24		used to determine the eligibility of adults with mental

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1		disabilities mentally disabled adults to participate in the
2		Program. The forms shall be made available by the Department
3		and shall require at least the following items of information
4		which constitute eligibility criteria for participation in the
5		Program:
6		(a) A statement that the adult with a mental disability
7		mentally disabled adult resides in the State of Illinois
8		and is over the age of 18 years.
9		(b) Verification that the adult with a mental
10		disability mentally disabled adult has one of the following
11		conditions: severe autism, severe mental illness, a severe
12		or profound intellectual disability, or severe and
13		multiple impairments.
14		(c) Verification that the adult with a mental
15		disability mentally disabled adult has applied and is
16		eligible for federal Supplemental Security Income or
17		federal Social Security Disability Income benefits.
18		(d) Verification that the adult with a mental
19		disability mentally disabled adult resides full-time in
20		his or her own home or that, within 2 months of receipt of
21		services under this Article, he or she will reside
22		full-time in his or her own home.
23		The Department may by rule adopt provisions establishing
24		liability of responsible relatives of a recipient of services
25		under this Article for the payment of sums representing charges
26		for services to such recipient. Such rules shall be

HB4049 Engrossed - 1372 - LRB099 03667 KTG 23678 b
1		substantially similar to the provisions for such liability
2		contained in Chapter V of the Mental Health and Developmental
3		Disabilities Code, as now or hereafter amended, and rules
4		adopted pursuant thereto.
5		(Source: P.A. 97-227, eff. 1-1-12; 98-756, eff. 7-16-14.)
6		(405 ILCS 80/2-6) (from Ch. 91 1/2, par. 1802-6)
7		Sec. 2-6. An application for the Program shall be submitted
8		to the Department by the adult with a mental disability
9		mentally disabled adult or, if the adult with a mental
10		disability mentally disabled adult requires a guardian, by his
11		or her legal guardian. If the application for participation in
12		the Program is approved by the Department and the adult with a
13		mental disability mentally disabled adult is eligible to
14		receive services under this Article, the adult with a mental
15		disability mentally disabled adult shall be made aware of the
16		availability of a community support team and shall be offered
17		case management services. The amount of the home-based services
18		provided by the Department in any month shall be determined by
19		the service plan of the adult with a mental disability mentally
20		disabled adult, but in no case shall it be more than either:
21		(a) three hundred percent of the monthly federal
22		Supplemental Security Income payment for an individual
23		residing alone if the adult with a mental disability
24		mentally disabled adult is not enrolled in a special
25		education program by a local education agency, or

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1		(b) two hundred percent of the monthly Supplemental
2		Security Income payment for an individual residing alone if
3		the adult with a mental disability mentally disabled adult
4		is enrolled in a special education program by a local
5		education agency.
6		Upon approval of the Department, all or part of the monthly
7		amount approved for home-based services to participating
8		adults may be used as a one-time or continuing payment to the
9		eligible adult or the adult's parent or guardian to pay for
10		specified tangible items that are directly related to meeting
11		basic needs related to the person's mental disabilities.
12		Tangible items include, but are not limited to: adaptive
13		equipment, medication not covered by third-party payments,
14		nutritional supplements, and residential modifications.
15		(Source: P.A. 88-388.)
16		(405 ILCS 80/2-8) (from Ch. 91 1/2, par. 1802-8)
17		Sec. 2-8. Services provided by the Department under the
18		Program shall be denied:
19		(a) if the adult with a mental disability mentally disabled
20		adult no longer meets the eligibility criteria,
21		(b) if the adult with a mental disability mentally disabled
22		adult submits false information in an application or
23		reapplication for participation in the Program, or
24		(c) if the adult with a mental disability mentally disabled
25		adult fails to request or access any services after 120 days.

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1		Prior to making the decision, if the adult with mental
2		disabilities has failed to request or access any services
3		within 90 days, the Department shall give written notice to the
4		person who signed the application that participation in the
5		Program will be denied if services are not requested or
6		accessed within 30 days.
7		Whenever services provided by the Department under the
8		Program are denied for the reasons in paragraphs (a), (b), or
9		(c) of this Section, the Department shall give written notice
10		of the decision and the reasons for denial of services to the
11		person who signed the application. Such notice shall contain
12		information on requesting an appeal under Section 2-13.
13		(Source: P.A. 86-921; 87-1158.)
14		(405 ILCS 80/2-10) (from Ch. 91 1/2, par. 1802-10)
15		Sec. 2-10. Before eligible adults with mental disabilities
16		mentally disabled adults receive services under this Article,
17		they shall maximize use of other services provided by other
18		governmental agencies, including but not limited to
19		educational and vocational services.
20		(Source: P.A. 86-921.)
21		(405 ILCS 80/2-11) (from Ch. 91 1/2, par. 1802-11)
22		Sec. 2-11. The Department, as successor to any agreements
23		between the Department of Mental Health and Developmental
24		Disabilities and the Department of Rehabilitation Services for

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1		the provision of training, employment placement, and
2		employment referral services for the adults with mental
3		disabilities mentally disabled adults served under this
4		Article, shall carry out the responsibilities, if any, incurred
5		by its predecessor agencies under those agreements.
6		(Source: P.A. 89-507, eff. 7-1-97.)
7		(405 ILCS 80/2-16) (from Ch. 91 1/2, par. 1802-16)
8		Sec. 2-16. The Department shall adopt rules pursuant to the
9		Illinois Administrative Procedure Act to implement the
10		Home-Based Support Services Program for Adults with Mental
11		Disabilities Mentally Disabled Adults. The rules shall include
12		the intake procedures, application process and eligibility
13		requirements for adults with mental disabilities mentally
14		disabled adults who apply for services under the Program.
15		(Source: P.A. 86-921.)
16		(405 ILCS 80/3-1) (from Ch. 91 1/2, par. 1803-1)
17		Sec. 3-1. This Article shall be known and may be cited as
18		the Family Assistance Law for Children with Mental Disabilities
19		Mentally Disabled Children.
20		(Source: P.A. 86-921.)
21		(405 ILCS 80/3-2) (from Ch. 91 1/2, par. 1803-2)
22		Sec. 3-2. The purpose of this Article is to create a
23		mandate for the Department of Human Services to strengthen and

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1		promote families who provide care within the family home for
2		children whose level of mental illness or developmental
3		disability constitutes a risk of out-of-home placement. It is
4		the intent of this Article to strengthen, promote and empower
5		families to determine the most appropriate use of resources to
6		address the unique and changing needs of those families'
7		children with mental disabilities mentally disabled children.
8		(Source: P.A. 89-507, eff. 7-1-97.)
9		(405 ILCS 80/3-3) (from Ch. 91 1/2, par. 1803-3)
10		Sec. 3-3. As used in this Article, unless the context
11		requires otherwise:
12		(a) "Agency" means an agency or entity licensed by the
13		Department pursuant to this Article or pursuant to the
14		Community Residential Alternatives Licensing Act.
15		(b) "Department" means the Department of Human Services, as
16		successor to the Department of Mental Health and Developmental
17		Disabilities.
18		(c) "Department-funded out-of-home placement services"
19		means those services for which the Department pays the partial
20		or full cost of care of the residential placement.
21		(d) "Family" or "families" means a family member or members
22		and his, her or their parents or legal guardians.
23		(e) "Family member" means a child 17 years old or younger
24		who has one of the following conditions: severe autism, severe
25		emotional disturbance, a severe or profound intellectual

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1		disability, or severe and multiple impairments.
2		(f) "Legal guardian" means a person appointed by a court of
3		competent jurisdiction to exercise certain powers on behalf of
4		a family member and with whom the family member resides.
5		(g) "Parent" means a biological or adoptive parent with
6		whom the family member resides, or a person licensed as a
7		foster parent under the laws of this State, acting as a family
8		member's foster parent, and with whom the family member
9		resides.
10		(h) "Severe autism" means a lifelong developmental
11		disability which is typically manifested before 30 months of
12		age and is characterized by severe disturbances in reciprocal
13		social interactions; verbal and nonverbal communication and
14		imaginative activity; and repertoire of activities and
15		interests. A person shall be determined severely autistic, for
16		purposes of this Article, if both of the following are present:
17		(1) Diagnosis consistent with the criteria for
18		autistic disorder in the current edition of the Diagnostic
19		and Statistical Manual of Mental Disorders;
20		(2) Severe disturbances in reciprocal social
21		interactions; verbal and nonverbal communication and
22		imaginative activity; and repertoire of activities and
23		interests. A determination of severe autism shall be based
24		upon a comprehensive, documented assessment with an
25		evaluation by a licensed clinical psychologist or
26		psychiatrist. A determination of severe autism shall not be

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1		based solely on behaviors relating to environmental,
2		cultural or economic differences.
3		(i) "Severe mental illness" means the manifestation of all
4		of the following characteristics:
5		(1) a severe mental illness characterized by the
6		presence of a mental disorder in children or adolescents,
7		classified in the Diagnostic and Statistical Manual of
8		Mental Disorders (Third Edition - Revised), as now or
9		hereafter revised, excluding V-codes (as that term is used
10		in the current edition of the Diagnostic and Statistical
11		Manual of Mental Disorders), adjustment disorders, the
12		presence of an intellectual disability when no other mental
13		disorder is present, alcohol or substance abuse, or other
14		forms of dementia based upon organic or physical disorders;
15		and
16		(2) a functional disability of an extended duration
17		which results in substantial limitations in major life
18		activities.
19		A determination of severe mental illness shall be based
20		upon a comprehensive, documented assessment with an evaluation
21		by a licensed clinical psychologist or a psychiatrist.
22		(j) "Severe or profound intellectual disability" means a
23		manifestation of all of the following characteristics:
24		(1) A diagnosis which meets Classification in Mental
25		Retardation or criteria in the current edition of the
26		Diagnostic and Statistical Manual of Mental Disorders for

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1		severe or profound mental retardation (an IQ of 40 or
2		below). This must be measured by a standardized instrument
3		for general intellectual functioning.
4		(2) A severe or profound level of adaptive behavior.
5		This must be measured by a standardized adaptive behavior
6		scale or informal appraisal by the professional in keeping
7		with illustrations in Classification in Mental
8		Retardation, 1983.
9		(3) Disability diagnosed before age of 18.
10		A determination of a severe or profound intellectual
11		disability shall be based upon a comprehensive, documented
12		assessment with an evaluation by a licensed clinical
13		psychologist, certified school psychologist, a psychiatrist or
14		other physician licensed to practice medicine in all its
15		branches, and shall not be based solely on behaviors relating
16		to environmental, cultural or economic differences.
17		(k) "Severe and multiple impairments" means the
18		manifestation of all the following characteristics:
19		(1) The evaluation determines the presence of a
20		developmental disability which is expected to continue
21		indefinitely, constitutes a substantial disability
22		handicap and is attributable to any of the following:
23		(A) Intellectual disability, which is defined as
24		general intellectual functioning that is 2 or more
25		standard deviations below the mean concurrent with
26		impairment of adaptive behavior which is 2 or more

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1		standard deviations below the mean. Assessment of the
2		individual's intellectual functioning must be measured
3		by a standardized instrument for general intellectual
4		functioning.
5		(B) Cerebral palsy.
6		(C) Epilepsy.
7		(D) Autism.
8		(E) Any other condition which results in
9		impairment similar to that caused by an intellectual
10		disability and which requires services similar to
11		those required by persons with intellectual
12		disabilities intellectually disabled persons.
13		(2) The evaluation determines multiple disabilities
14		handicaps in physical, sensory, behavioral or cognitive
15		functioning which constitute a severe or profound
16		impairment attributable to one or more of the following:
17		(A) Physical functioning, which severely impairs
18		the individual's motor performance that may be due to:
19		(i) Neurological, psychological or physical
20		involvement resulting in a variety of disabling
21		conditions such as hemiplegia, quadriplegia or
22		ataxia,
23		(ii) Severe organ systems involvement such as
24		congenital heart defect,
25		(iii) Physical abnormalities resulting in the
26		individual being non-mobile and non-ambulatory or

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1		confined to bed and receiving assistance in
2		transferring, or
3		(iv) The need for regular medical or nursing
4		supervision such as gastrostomy care and feeding.
5		Assessment of physical functioning must be based
6		on clinical medical assessment, using the appropriate
7		instruments, techniques and standards of measurement
8		required by the professional.
9		(B) Sensory, which involves severe restriction due
10		to hearing or visual impairment limiting the
11		individual's movement and creating dependence in
12		completing most daily activities. Hearing impairment
13		is defined as a loss of 70 decibels aided or speech
14		discrimination of less than 50% aided. Visual
15		impairment is defined as 20/200 corrected in the better
16		eye or a visual field of 20 degrees or less. Sensory
17		functioning must be based on clinical medical
18		assessment using the appropriate instruments,
19		techniques and standards of measurement required by
20		the professional.
21		(C) Behavioral, which involves behavior that is
22		maladaptive and presents a danger to self or others, is
23		destructive to property by deliberately breaking,
24		destroying or defacing objects, is disruptive by
25		fighting, or has other socially offensive behaviors in
26		sufficient frequency or severity to seriously limit

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1		social integration. Assessment of behavioral
2		functioning may be measured by a standardized scale or
3		informal appraisal by the medical professional.
4		(D) Cognitive, which involves intellectual
5		functioning at a measured IQ of 70 or below. Assessment
6		of cognitive functioning must be measured by a
7		standardized instrument for general intelligence.
8		(3) The evaluation determines that development is
9		substantially less than expected for the age in cognitive,
10		affective or psychomotor behavior as follows:
11		(A) Cognitive, which involves intellectual
12		functioning at a measured IQ of 70 or below. Assessment
13		of cognitive functioning must be measured by a
14		standardized instrument for general intelligence.
15		(B) Affective behavior, which involves over and
16		under responding to stimuli in the environment and may
17		be observed in mood, attention to awareness, or in
18		behaviors such as euphoria, anger or sadness that
19		seriously limit integration into society. Affective
20		behavior must be based on clinical medical and
21		psychiatric assessment using the appropriate
22		instruments, techniques and standards of measurement
23		required by the professional.
24		(C) Psychomotor, which includes a severe
25		developmental delay in fine or gross motor skills so
26		that development in self-care, social interaction,

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1		communication or physical activity will be greatly
2		delayed or restricted.
3		(4) A determination that the disability originated
4		before the age of 18 years.
5		A determination of severe and multiple impairments shall be
6		based upon a comprehensive, documented assessment with an
7		evaluation by a licensed clinical psychologist or
8		psychiatrist. If the examiner is a licensed clinical
9		psychologist, ancillary evaluation of physical impairment,
10		cerebral palsy or epilepsy must be made by a physician licensed
11		to practice medicine in all its branches.
12		Regardless of the discipline of the examiner, ancillary
13		evaluation of visual impairment must be made by an
14		ophthalmologist or a licensed optometrist.
15		Regardless of the discipline of the examiner, ancillary
16		evaluation of hearing impairment must be made by an
17		otolaryngologist or an audiologist with a certificate of
18		clinical competency.
19		The only exception to the above is in the case of a person
20		with cerebral palsy or epilepsy who, according to the
21		eligibility criteria listed below, has multiple impairments
22		which are only physical and sensory. In such a case, a
23		physician licensed to practice medicine in all its branches may
24		serve as the examiner.
25		(Source: P.A. 97-227, eff. 1-1-12.)

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1		(405 ILCS 80/3-4) (from Ch. 91 1/2, par. 1803-4)
2		Sec. 3-4. The Department shall establish a Family
3		Assistance Program for Children with Mental Disabilities
4		Mentally Disabled Children ("the Program") under this Article.
5		The purpose of the Program is to strengthen and promote the
6		family and to prevent the out-of-home placement of children
7		with mental disabilities mentally disabled children. The
8		Department shall implement the purpose of the Program by
9		providing funds directly to families to defray some of the
10		costs of caring for family members who have mental disabilities
11		mentally disabled family members, thereby preventing or
12		delaying the out-of-home placement of family members.
13		(Source: P.A. 86-921.)
14		(405 ILCS 80/3-9.1) (from Ch. 91 1/2, par. 1803-9.1)
15		Sec. 3-9.1. If an individual is terminated from the Program
16		solely because the individual has attained the age of 18 years,
17		the individual shall be allowed, through a transition process,
18		to enter the Home-Based Support Program for Adults with Mental
19		Disabilities Mentally Disabled Adults if he or she meets the
20		eligibility requirements set forth in Article II for that
21		program.
22		(Source: P.A. 87-447.)
23		(405 ILCS 80/3-11) (from Ch. 91 1/2, par. 1803-11)
24		Sec. 3-11. Families will be required to provide assurances

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1		that the stipend will be used for the benefit of the person
2		with a disability disabled person such that it will insure
3		their continued successive development. Annually, the family
4		shall submit to the Department a written statement signed by
5		the family member's parent or legal guardian which states that
6		the stipend was used to meet the special needs of the family.
7		(Source: P.A. 86-921.)
8		(405 ILCS 80/4-1) (from Ch. 91 1/2, par. 1804-1)
9		Sec. 4-1. The Department of Human Services may provide
10		access to home-based and community-based services for children
11		and adults with mental disabilities mentally disabled children
12		and adults through the designation of local screening and
13		assessment units and community support teams. The screening and
14		assessment units shall provide comprehensive assessment;
15		develop individual service plans; link the persons with mental
16		disabilities and their families to community providers for
17		implementation of the plan; and monitor the plan's
18		implementation for the time necessary to insure that the plan
19		is appropriate and acceptable to the persons with mental
20		disabilities and their families. The Department also will make
21		available community support services in each local geographic
22		area for persons with severe mental disabilities. Community
23		support teams will provide case management, ongoing guidance
24		and assistance for persons with mental disabilities mentally
25		disabled persons; will offer skills training,

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1		crisis/behavioral intervention, client/family support, and
2		access to medication management; and provide individual client
3		assistance to access housing, financial benefits, and
4		employment-related services.
5		(Source: P.A. 89-507, eff. 7-1-97.)
6		(405 ILCS 80/5-1) (from Ch. 91 1/2, par. 1805-1)
7		Sec. 5-1. As the mental health and developmental
8		disabilities or intellectual disabilities authority for the
9		State of Illinois, the Department of Human Services shall have
10		the authority to license, certify and prescribe standards
11		governing the programs and services provided under this Act, as
12		well as all other agencies or programs which provide home-based
13		or community-based services to persons with mental
14		disabilities the mentally disabled, except those services,
15		programs or agencies established under or otherwise subject to
16		the Child Care Act of 1969, the Specialized Mental Health
17		Rehabilitation Act of 2013, or the ID/DD Community Care Act, as
18		now or hereafter amended, and this Act shall not be construed
19		to limit the application of those Acts.
20		(Source: P.A. 97-38, eff. 6-28-11; 97-227, eff. 1-1-12; 97-813,
21		eff. 7-13-12; 98-104, eff. 7-22-13.)
22		Section 795. The Developmental Disability and Mental
23		Health Safety Act is amended by changing Sections 5, 15, and 40
24		as follows:

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1		(405 ILCS 82/5)
2		Sec. 5. Legislative Findings. The General Assembly finds
3		all of the following:
4		(a) As a result of decades of significant under-funding of
5		Illinois' developmental disabilities and mental health service
6		delivery system, the quality of life of individuals with
7		disabilities has been negatively impacted and, in an
8		unacceptable number of instances, has resulted in serious
9		health consequences and even death.
10		(b) In response to growing concern over the safety of the
11		State-operated developmental disability facilities, following
12		a series of resident deaths, the agency designated by the
13		Governor pursuant to the Protection and Advocacy for Persons
14		with Developmental Disabilities Developmentally Disabled
15		Persons Act opened a systemic investigation to examine all such
16		deaths for a period of time, including the death of a young man
17		in his twenties, Brian Kent, on October 30, 2002, and released
18		a public report, "Life and Death in State-Operated
19		Developmental Disability Institutions," which included
20		findings and recommendations aimed at preventing such
21		tragedies in the future.
22		(c) The documentation of substandard medical care and
23		treatment of individual residents living in the State-operated
24		facilities cited in that report necessitate that the State of
25		Illinois take immediate action to prevent further injuries and

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1		deaths.
2		(d) The agency designated by the Governor pursuant to the
3		Protection and Advocacy for Persons with Developmental
4		Disabilities Developmentally Disabled Persons Act has also
5		reviewed conditions and deaths of individuals with
6		disabilities living in or transferred to community-based
7		facilities and found similar problems in some of those
8		settings.
9		(e) The circumstances associated with deaths in both
10		State-operated facilities and community-based facilities, and
11		review of the State's investigations and findings regarding
12		these incidents, demonstrate that the current federal and State
13		oversight and investigatory systems are seriously
14		under-funded.
15		(f) An effective mortality review process enables state
16		service systems to focus on individual deaths and consider the
17		broader issues, policies, and practices that may contribute to
18		these tragedies. This critical information, when shared with
19		public and private facilities, can help to reduce circumstances
20		that place individuals at high risk of serious harm and even
21		death.
22		(g) The purpose of this Act is to establish within the
23		Department of Human Services a low-cost, volunteer-based
24		mortality review process conducted by an independent team of
25		experts that will enhance the health and safety of the
26		individuals served by Illinois' developmental disability and

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1		mental health service delivery systems.
2		(h) This independent team of experts will be comparable to
3		2 existing types of oversight teams: the Abuse Prevention
4		Review Team created under the jurisdiction of the Department of
5		Public Health, which examines deaths of individuals living in
6		long-term care facilities, and Child Death Review Teams created
7		under the jurisdiction of the Department of Children and Family
8		Services, which reviews the deaths of children.
9		(Source: P.A. 96-1235, eff. 1-1-11.)
10		(405 ILCS 82/15)
11		Sec. 15. Mortality Review Process.
12		(a) The Department of Human Services shall develop an
13		independent team of experts from the academic, private, and
14		public sectors to examine all deaths at facilities and
15		community agencies.
16		(b) The Secretary of Human Services, in consultation with
17		the Director of Public Health, shall appoint members to the
18		independent team of experts, which shall consist of at least
19		one member from each of the following categories:
20		1. Physicians experienced in providing medical care to
21		individuals with developmental disabilities.
22		2. Physicians experienced in providing medical care to
23		individuals with mental illness.
24		3. Registered nurses experienced in providing medical
25		care to individuals with developmental disabilities.

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1		4. Registered nurses experienced in providing medical
2		care to individuals with mental illness.
3		5. Psychiatrists.
4		6. Psychologists.
5		7. Representatives of the Department of Human Services
6		who are not employed at the facility at which the death
7		occurred.
8		8. Representatives of the Department of Public Health.
9		9. Representatives of the agency designated by the
10		Governor pursuant to the Protection and Advocacy for
11		Persons with Developmental Disabilities Developmentally
12		Disabled Persons Act.
13		10. State's Attorneys or State's Attorneys'
14		representatives.
15		11. Coroners or forensic pathologists.
16		12. Representatives of local hospitals, trauma
17		centers, or providers of emergency medical services.
18		13. Other categories of persons, as the Secretary of
19		Human Services may see fit.
20		The independent team of experts may make recommendations to
21		the Secretary of Human Services concerning additional
22		appointments. Each team member must have demonstrated
23		experience and an interest in investigating, treating, or
24		preventing the deaths of individuals with disabilities. The
25		Secretary of Human Services shall appoint additional teams if
26		the Secretary or the existing team determines that more teams

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1		are necessary to accomplish the purposes of this Act. The
2		members of a team shall be appointed for 2-year staggered terms
3		and shall be eligible for reappointment upon the expiration of
4		their terms. Each independent team shall select a Chairperson
5		from among its members.
6		(c) The independent team of experts shall examine the
7		deaths of all individuals who have died while under the care of
8		a facility or community agency.
9		(d) The purpose of the independent team of experts'
10		examination of such deaths is to do the following:
11		1. Review the cause and manner of the individual's
12		death.
13		2. Review all actions taken by the facility, State
14		agencies, or other entities to address the cause or causes
15		of death and the adequacy of medical care and treatment.
16		3. Evaluate the means, if any, by which the death might
17		have been prevented.
18		4. Report its observations and conclusions to the
19		Secretary of Human Services and make recommendations that
20		may help to reduce the number of unnecessary deaths.
21		5. Promote continuing education for professionals
22		involved in investigating and preventing the unnecessary
23		deaths of individuals under the care of a facility or
24		community agency.
25		6. Make specific recommendations to the Secretary of
26		Human Services concerning the prevention of unnecessary

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1		deaths of individuals under the care of facilities and
2		community agencies, including changes in policies and
3		practices that will prevent harm to individuals with
4		disabilities, and the establishment of protocols for
5		investigating the deaths of these individuals.
6		(e) The independent team of experts must examine the cases
7		submitted to it on a quarterly basis. The team shall meet at
8		least once in each calendar quarter if there are cases to be
9		examined. The Department of Human Services shall forward cases
10		within 90 days after completion of a review or an investigation
11		into the death of an individual residing at a facility or
12		community agency.
13		(f) Within 90 days after receiving recommendations made by
14		the independent team of experts under subsection (d) of this
15		Section, the Secretary of Human Services must review those
16		recommendations, as feasible and appropriate, and shall
17		respond to the team in writing to explain the implementation of
18		those recommendations.
19		(g) The Secretary of Human Services shall establish
20		protocols governing the operation of the independent team.
21		Those protocols shall include the creation of sub-teams to
22		review the case records or portions of the case records and
23		report to the full team. The members of a sub-team shall be
24		composed of team members specially qualified to examine those
25		records. In any instance in which the independent team does not
26		operate in accordance with established protocol, the Secretary

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1		of Human Services shall take any necessary actions to bring the
2		team into compliance with the protocol.
3		(Source: P.A. 96-1235, eff. 1-1-11.)
4		(405 ILCS 82/40)
5		Sec. 40. Rights information. The Department of Human
6		Services shall ensure that individuals with disabilities and
7		their guardians and families receive sufficient information
8		regarding their rights, including the right to be safe, the
9		right to be free from abuse and neglect, the right to receive
10		quality services, and the right to an adequate discharge plan
11		and timely transition to the least restrictive setting to meet
12		their individual needs and desires. The Department shall
13		provide this information, which shall be developed in
14		collaboration with the agency designated by the Governor
15		pursuant to the Protection and Advocacy for Persons with
16		Developmental Disabilities Developmentally Disabled Persons
17		Act, in order to allow individuals with disabilities and their
18		guardians and families to make informed decisions regarding the
19		provision of services that can meet the individual's needs and
20		desires. The Department shall provide this information to all
21		facilities and community agencies to be made available upon
22		admission and at least annually thereafter for as long as the
23		individual remains in the facility.
24		(Source: P.A. 96-1235, eff. 1-1-11.)

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1		Section 800. The Home Environment Living Program Act is
2		amended by changing Section 3 as follows:
3		(405 ILCS 85/3) (from Ch. 91 1/2, par. 2003)
4		Sec. 3. Definitions. In this Act:
5		(a) "Department" means the Department of Human Services.
6		(b) "Project HELP" means the Home Environment Living
7		Program.
8		(c) "Home caregiver" means a substitute family home which
9		provides services and care to a child or adult who is a person
10		with a severe disability severely disabled.
11		(Source: P.A. 89-507, eff. 7-1-97.)
12		Section 805. The Elevator Tactile Identification Act is
13		amended by changing Section 1 as follows:
14		(410 ILCS 30/1) (from Ch. 111 1/2, par. 3901)
15		Sec. 1. In each building, including commercial,
16		residential and institutional structures, served during
17		regular business hours by an unsupervised automatic passenger
18		elevator for use by the general public, the elevator, or at
19		least the left elevator where there is more than one elevator
20		in any bank of elevators, shall be equipped with elevator
21		controls, within the elevator and at each floor level served by
22		the elevator, which have tactile identification or braille
23		markings, pursuant to the following schedule:

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1		(a) New elevators for which building permits are issued
2		after the effective date of this Act or October 1, 1977,
3		whichever date is later - immediately;
4		(b) Existing elevators undergoing renovation of the
5		control panel for which building permits are issued after the
6		effective date of this Act or October 1, 1977, whichever date
7		is later - immediately;
8		(c) Existing elevators not undergoing renovation, the
9		earlier of:
10		(1) 90 days after the effective date of Federal standards
11		governing elevator control markings applicable to privately
12		owned buildings, or
13		(2) June 30, 1980.
14		All tactile identification except braille shall be in
15		contrasting colors and consist of raised letters, numbers,
16		labels or plaques for persons with a visual disability the
17		visually handicapped.
18		(Source: P.A. 80-384.)
19		Section 810. The Child Vision and Hearing Test Act is
20		amended by changing Sections 3 and 7 as follows:
21		(410 ILCS 205/3) (from Ch. 23, par. 2333)
22		Sec. 3. Vision and hearing screening services shall be
23		administered to all children as early as possible, but no later
24		than their first year in any public or private education

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1		program, licensed day care center or residential facility for
2		children with disabilities handicapped children; and
3		periodically thereafter, to identify those children with
4		vision or hearing impairments or both so that such conditions
5		can be managed or treated.
6		(Source: P.A. 81-174.)
7		(410 ILCS 205/7) (from Ch. 23, par. 2337)
8		Sec. 7. The Director shall appoint a Children's Hearing
9		Services Advisory Committee and a Children's Vision Services
10		Advisory Committee. The membership of each committee shall not
11		exceed 10 individuals. In making appointments to the Children's
12		Hearing Services Advisory Committee, the Director shall
13		appoint individuals with knowledge of or experience in the
14		problems of children with a hearing disability hearing
15		handicapped children and shall appoint at least 2 licensed
16		physicians who specialize in the field of otolaryngology and
17		are recommended by that organization representing the largest
18		number of physicians licensed to practice medicine in all of
19		its branches in the State of Illinois, and at least 2
20		audiologists. In making appointments to the Children's Vision
21		Services Advisory Committee, the Director shall appoint 2
22		members (and one alternate) recommended by the Illinois Society
23		for the Prevention of Blindness, 2 licensed physicians (and one
24		alternate) who specialize in ophthalmology and are recommended
25		by that organization representing the largest number of

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1		physicians licensed to practice medicine in all of its branches
2		in the State of Illinois, and 2 licensed optometrists (and one
3		alternate) recommended by that organization representing the
4		largest number of licensed optometrists in the State of
5		Illinois, as members of the Children's Vision Services Advisory
6		Committee.
7		The Children's Hearing Services Advisory Committee shall
8		advise the Department in the implementation and administration
9		of the hearing services program and in the development of rules
10		and regulations pertaining to that program. The Children's
11		Vision Services Advisory Committee shall advise the Department
12		in the development of rules and regulations pertaining to that
13		program. Each committee shall select a chairman from its
14		membership and shall meet at least once in each calendar year.
15		The members of the Advisory Committees shall receive no
16		compensation for their services; however, the nongovernmental
17		members shall be reimbursed for actual expenses incurred in the
18		performance of their duties in accordance with the State of
19		Illinois travel regulations.
20		(Source: P.A. 90-655, eff. 7-30-98.)
21		Section 815. The Developmental Disability Prevention Act
22		is amended by changing Sections 1, 2, 3, and 11 as follows:
23		(410 ILCS 250/1) (from Ch. 111 1/2, par. 2101)
24		Sec. 1.

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1		It is hereby declared to be the policy of the State of
2		Illinois that the prevention of perinatal mortality and
3		conditions leading to developmental disabilities and other
4		handicapping disabilities is a high priority for attention.
5		Efforts to reduce the incidence of perinatal risk factors by
6		early identification and management of the high risk woman of
7		childbearing age, fetus and newborn will not only decrease the
8		predisposition to disability but will also prove to be a
9		cost-effective endeavor, reducing State and private
10		expenditures for the care and maintenance of those persons
11		whose disability was a result of disabled from perinatal risk
12		factors.
13		(Source: P.A. 78-557.)
14		(410 ILCS 250/2) (from Ch. 111 1/2, par. 2102)
15		Sec. 2. As used in this Act:
16		a "perinatal" means the period of time between the
17		conception of an infant and the end of the first month of life;
18		b "congenital" means those intrauterine factors which
19		influence the growth, development and function of the fetus;
20		c "environmental" means those extrauterine factors which
21		influence the adaptation, well being or life of the newborn and
22		may lead to disability;
23		d "high risk" means an increased level of risk of harm or
24		mortality to the woman of childbearing age, fetus or newborn
25		from congenital and/or environmental factors;

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1		e "perinatal center" means a referral facility intended to
2		care for the high risk patient before, during, or after labor
3		and delivery and characterized by sophistication and
4		availability of personnel, equipment, laboratory,
5		transportation techniques, consultation and other support
6		services;
7		f "developmental disability" means an intellectual
8		disability, cerebral palsy, epilepsy, or other neurological
9		disabling handicapping conditions of an individual found to be
10		closely related to an intellectual disability or to require
11		treatment similar to that required by individuals with an
12		intellectual disability intellectually disabled individuals,
13		and the disability originates before such individual attains
14		age 18, and has continued, or can be expected to continue
15		indefinitely, and constitutes a substantial disability
16		handicap of such individuals;
17		g "disability" means a condition characterized by
18		temporary or permanent, partial or complete impairment of
19		physical, mental or physiological function;
20		h "Department" means the Department of Public Health.
21		(Source: P.A. 97-227, eff. 1-1-12.)
22		(410 ILCS 250/3) (from Ch. 111 1/2, par. 2103)
23		Sec. 3. By January 1, 1974, the Department, in conjunction
24		with its appropriate advisory planning committee, shall
25		develop standards for all levels of hospital perinatal care to

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1		include regional perinatal centers. Such standards shall
2		recognize and correlate with the Hospital Licensing Act
3		approved July 1, 1953, as amended. The standards shall assure
4		that:
5		(a) facilities are equipped and prepared to stabilize
6		infants prior to transport;
7		(b) coordination exists between general maternity care and
8		perinatal centers;
9		(c) unexpected complications during delivery can be
10		properly managed;
11		(d) all high risk pregnancies and childbirths are reviewed
12		at each hospital or maternity center to determine if such
13		children are born with a disabling handicapping condition or
14		developmental disability that threatens life or development;
15		(e) procedures are implemented to identify and report to
16		the Department all births of children with disabling
17		handicapping conditions or developmental disabilities that
18		threaten life or development;
19		(f) children identified as having a disabling handicapping
20		condition or developmental disability that threatens life or
21		development are promptly evaluated in consultation with
22		designated regional perinatal centers and referred, when
23		appropriate, to such centers, or to other medical specialty
24		services, as approved by the Department and in accordance with
25		the level of perinatal care authorized for each hospital or
26		maternity care center for the proper management and treatment

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1		of such condition or disability;
2		(g) hospital or maternity centers conduct postnatal
3		reviews of all perinatal deaths as well as reviews of the
4		births of children born with disabling handicapping conditions
5		or developmental disabilities that threaten life or
6		development, utilizing criteria of case selection developed by
7		such hospitals or maternity centers, or the appropriate medical
8		staff committees thereof, in order to determine the
9		appropriateness of diagnosis and treatment and the adequacy of
10		procedures to prevent such disabilities or the loss of life;
11		(h) high risk mothers and their spouses are provided
12		information, referral and counseling services to ensure
13		informed consent to the treatment of children born with
14		disabling handicapping conditions or developmental
15		disabilities;
16		(i) parents and families are provided information,
17		referral and counseling services to assist in obtaining
18		habilitation, rehabilitation and special education services
19		for children born with disabling handicapping conditions or
20		developmental disabilities, so that such children have an
21		opportunity to realize full potential. Such standards shall
22		include, but not be limited to, the establishment of procedures
23		for notification of the appropriate State and local educational
24		service agencies regarding children who may require evaluation
25		and assessment under such agencies;
26		(j) consultation when indicated is provided for and

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1		available. Perinatal centers shall provide care for the high
2		risk expectant mother who may deliver a distressed infant or
3		infant with a disability or disabled infant. Such centers shall
4		also provide intensive care to the high risk newborn whose life
5		or physical well-being is in jeopardy. Standards shall include
6		the availability of: 1 trained personnel; 2 trained neonatal
7		nursing staff; 3 x-ray and laboratory equipment available on a
8		24-hour basis; 4 infant monitoring equipment; 5 transportation
9		of mothers and/or infants; 6 genetic services; 7 surgical and
10		cardiology consultation; and 8 other support services as may be
11		required.
12		The standards under this Section shall be established by
13		rules and regulations of the Department. Such standards shall
14		be deemed sufficient for the purposes of this Act if they
15		require the perinatal care facilities to submit plans or enter
16		into agreements with the Department which adequately address
17		the requirements of paragraphs (a) through (j) above.
18		(Source: P.A. 84-1308.)
19		(410 ILCS 250/11) (from Ch. 111 1/2, par. 2111)
20		Sec. 11.
21		The Department shall develop by July 1, 1974, and revise as
22		necessary each year thereafter, criteria for the
23		identification of mothers at risk of delivering a child whose
24		life or development may be threatened by a disabling
25		handicapping condition. Such criteria shall include but need

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1		not be limited to: (1) history of premature births; (2)
2		complications in pregnancy including toxemia; (3) onset of
3		rubella during pregnancy; (4) extreme age; and (5) incompatible
4		blood group.
5		(Source: P.A. 78-557.)
6		Section 820. The Space Heating Safety Act is amended by
7		changing Section 9 as follows:
8		(425 ILCS 65/9) (from Ch. 127 1/2, par. 709)
9		Sec. 9. Prohibited Use of Kerosene Heaters. The use of
10		kerosene fueled heaters will be prohibited under any
11		circumstances in the following types of structures:
12		(i) Nursing homes or convalescent centers;
13		(ii) Day-care centers having children present;
14		(iii) Any type of center for persons with disabilities the
15		handicapped;
16		(iv) Common areas of multifamily dwellings;
17		(v) Hospitals;
18		(vi) Structures more than 3 stories in height; and
19		(vii) Structures open to the public which have a capacity
20		for 50 or more persons.
21		(Source: P.A. 84-834.)
22		Section 825. The Illinois Poison Prevention Packaging Act
23		is amended by changing Section 4 as follows:

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1		(430 ILCS 40/4) (from Ch. 111 1/2, par. 294)
2		Sec. 4.
3		(a) For the purpose of making any household substance which
4		is subject to a standard established under Section 3 readily
5		available to elderly persons or persons with disabilities or
6		handicapped persons unable to use such substance when packaged
7		in compliance with such standard, the manufacturer or packer,
8		as the case may be, may package any household substance,
9		subject to such a standard, in packaging of a single size which
10		does not comply with such standard if:
11		(1) the manufacturer or packer also supplies such substance
12		in packages which comply with such standard; and
13		(2) the packages of such substance which do not meet such
14		standard bear conspicuous labeling stating: "This package for
15		households without young children"; except that the Director
16		may by regulation prescribe a substitute statement to the same
17		effect for packaging too small to accommodate such labeling.
18		(b) In the case of a household substance which is subject
19		to such a standard and which is dispensed pursuant to an order
20		of a physician, dentist, or other licensed medical practitioner
21		authorized to prescribe, such substance may be dispensed in
22		noncomplying packages only when directed in such order or when
23		requested by the purchaser.
24		(c) In the case of a household substance subject to such a
25		standard which is packaged under subsection (a) in a

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1		noncomplying package, if the Director determines that such
2		substance is not also being supplied by a manufacturer or
3		packer in popular size packages which comply with such
4		standard, he may, after giving the manufacturer or packer an
5		opportunity to comply with the purposes of this Act, by order
6		require such substance to be packaged by such manufacturer or
7		packer exclusively in special packaging complying with such
8		standard if he finds, after opportunity for hearing, that such
9		exclusive use of special packaging is necessary to accomplish
10		the purposes of this Act.
11		(Source: P.A. 77-2158.)
12		Section 830. The Firearm Owners Identification Card Act is
13		amended by changing Sections 1.1, 4, 8, and 8.1 as follows:
14		(430 ILCS 65/1.1) (from Ch. 38, par. 83-1.1)
15		Sec. 1.1. For purposes of this Act:
16		"Addicted to narcotics" means a person who has been:
17		(1) convicted of an offense involving the use or
18		possession of cannabis, a controlled substance, or
19		methamphetamine within the past year; or
20		(2) determined by the Department of State Police to be
21		addicted to narcotics based upon federal law or federal
22		guidelines.
23		"Addicted to narcotics" does not include possession or use
24		of a prescribed controlled substance under the direction and

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1		authority of a physician or other person authorized to
2		prescribe the controlled substance when the controlled
3		substance is used in the prescribed manner.
4		"Adjudicated as a person with a mental disability" mentally
5		disabled person" means the person is the subject of a
6		determination by a court, board, commission or other lawful
7		authority that the person, as a result of marked subnormal
8		intelligence, or mental illness, mental impairment,
9		incompetency, condition, or disease:
10		(1) presents a clear and present danger to himself,
11		herself, or to others;
12		(2) lacks the mental capacity to manage his or her own
13		affairs or is adjudicated a person with a disability
14		disabled person as defined in Section 11a-2 of the Probate
15		Act of 1975;
16		(3) is not guilty in a criminal case by reason of
17		insanity, mental disease or defect;
18		(3.5) is guilty but mentally ill, as provided in
19		Section 5-2-6 of the Unified Code of Corrections;
20		(4) is incompetent to stand trial in a criminal case;
21		(5) is not guilty by reason of lack of mental
22		responsibility under Articles 50a and 72b of the Uniform
23		Code of Military Justice, 10 U.S.C. 850a, 876b;
24		(6) is a sexually violent person under subsection (f)
25		of Section 5 of the Sexually Violent Persons Commitment
26		Act;

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1		(7) is a sexually dangerous person under the Sexually
2		Dangerous Persons Act;
3		(8) is unfit to stand trial under the Juvenile Court
4		Act of 1987;
5		(9) is not guilty by reason of insanity under the
6		Juvenile Court Act of 1987;
7		(10) is subject to involuntary admission as an
8		inpatient as defined in Section 1-119 of the Mental Health
9		and Developmental Disabilities Code;
10		(11) is subject to involuntary admission as an
11		outpatient as defined in Section 1-119.1 of the Mental
12		Health and Developmental Disabilities Code;
13		(12) is subject to judicial admission as set forth in
14		Section 4-500 of the Mental Health and Developmental
15		Disabilities Code; or
16		(13) is subject to the provisions of the Interstate
17		Agreements on Sexually Dangerous Persons Act.
18		"Clear and present danger" means a person who:
19		(1) communicates a serious threat of physical violence
20		against a reasonably identifiable victim or poses a clear
21		and imminent risk of serious physical injury to himself,
22		herself, or another person as determined by a physician,
23		clinical psychologist, or qualified examiner; or
24		(2) demonstrates threatening physical or verbal
25		behavior, such as violent, suicidal, or assaultive
26		threats, actions, or other behavior, as determined by a

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1		physician, clinical psychologist, qualified examiner,
2		school administrator, or law enforcement official.
3		"Clinical psychologist" has the meaning provided in
4		Section 1-103 of the Mental Health and Developmental
5		Disabilities Code.
6		"Controlled substance" means a controlled substance or
7		controlled substance analog as defined in the Illinois
8		Controlled Substances Act.
9		"Counterfeit" means to copy or imitate, without legal
10		authority, with intent to deceive.
11		"Developmentally disabled" means a disability which is
12		attributable to any other condition which results in impairment
13		similar to that caused by an intellectual disability and which
14		requires services similar to those required by intellectually
15		disabled persons. The disability must originate before the age
16		of 18 years, be expected to continue indefinitely, and
17		constitute a substantial handicap.
18		"Federally licensed firearm dealer" means a person who is
19		licensed as a federal firearms dealer under Section 923 of the
20		federal Gun Control Act of 1968 (18 U.S.C. 923).
21		"Firearm" means any device, by whatever name known, which
22		is designed to expel a projectile or projectiles by the action
23		of an explosion, expansion of gas or escape of gas; excluding,
24		however:
25		(1) any pneumatic gun, spring gun, paint ball gun, or
26		B-B gun which expels a single globular projectile not

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1		exceeding .18 inch in diameter or which has a maximum
2		muzzle velocity of less than 700 feet per second;
3		(1.1) any pneumatic gun, spring gun, paint ball gun, or
4		B-B gun which expels breakable paint balls containing
5		washable marking colors;
6		(2) any device used exclusively for signalling or
7		safety and required or recommended by the United States
8		Coast Guard or the Interstate Commerce Commission;
9		(3) any device used exclusively for the firing of stud
10		cartridges, explosive rivets or similar industrial
11		ammunition; and
12		(4) an antique firearm (other than a machine-gun)
13		which, although designed as a weapon, the Department of
14		State Police finds by reason of the date of its
15		manufacture, value, design, and other characteristics is
16		primarily a collector's item and is not likely to be used
17		as a weapon.
18		"Firearm ammunition" means any self-contained cartridge or
19		shotgun shell, by whatever name known, which is designed to be
20		used or adaptable to use in a firearm; excluding, however:
21		(1) any ammunition exclusively designed for use with a
22		device used exclusively for signalling or safety and
23		required or recommended by the United States Coast Guard or
24		the Interstate Commerce Commission; and
25		(2) any ammunition designed exclusively for use with a
26		stud or rivet driver or other similar industrial

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1		ammunition.
2		"Gun show" means an event or function:
3		(1) at which the sale and transfer of firearms is the
4		regular and normal course of business and where 50 or more
5		firearms are displayed, offered, or exhibited for sale,
6		transfer, or exchange; or
7		(2) at which not less than 10 gun show vendors display,
8		offer, or exhibit for sale, sell, transfer, or exchange
9		firearms.
10		"Gun show" includes the entire premises provided for an
11		event or function, including parking areas for the event or
12		function, that is sponsored to facilitate the purchase, sale,
13		transfer, or exchange of firearms as described in this Section.
14		"Gun show" does not include training or safety classes,
15		competitive shooting events, such as rifle, shotgun, or handgun
16		matches, trap, skeet, or sporting clays shoots, dinners,
17		banquets, raffles, or any other event where the sale or
18		transfer of firearms is not the primary course of business.
19		"Gun show promoter" means a person who organizes or
20		operates a gun show.
21		"Gun show vendor" means a person who exhibits, sells,
22		offers for sale, transfers, or exchanges any firearms at a gun
23		show, regardless of whether the person arranges with a gun show
24		promoter for a fixed location from which to exhibit, sell,
25		offer for sale, transfer, or exchange any firearm.
26		"Intellectually disabled" means significantly subaverage

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1		general intellectual functioning which exists concurrently
2		with impairment in adaptive behavior and which originates
3		before the age of 18 years.
4		"Involuntarily admitted" has the meaning as prescribed in
5		Sections 1-119 and 1-119.1 of the Mental Health and
6		Developmental Disabilities Code.
7		"Mental health facility" means any licensed private
8		hospital or hospital affiliate, institution, or facility, or
9		part thereof, and any facility, or part thereof, operated by
10		the State or a political subdivision thereof which provide
11		treatment of persons with mental illness and includes all
12		hospitals, institutions, clinics, evaluation facilities,
13		mental health centers, colleges, universities, long-term care
14		facilities, and nursing homes, or parts thereof, which provide
15		treatment of persons with mental illness whether or not the
16		primary purpose is to provide treatment of persons with mental
17		illness.
18		"Patient" means:
19		(1) a person who voluntarily receives mental health
20		treatment as an in-patient or resident of any public or
21		private mental health facility, unless the treatment was
22		solely for an alcohol abuse disorder and no other secondary
23		substance abuse disorder or mental illness; or
24		(2) a person who voluntarily receives mental health
25		treatment as an out-patient or is provided services by a
26		public or private mental health facility, and who poses a

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1		clear and present danger to himself, herself, or to others.
2		"Person with a developmental disability" means a person
3		with a disability which is attributable to any other condition
4		which results in impairment similar to that caused by an
5		intellectual disability and which requires services similar to
6		those required by persons with intellectual disabilities. The
7		disability must originate before the age of 18 years, be
8		expected to continue indefinitely, and constitute a
9		substantial disability.
10		"Person with an intellectual disability" means a person
11		with a significantly subaverage general intellectual
12		functioning which exists concurrently with impairment in
13		adaptive behavior and which originates before the age of 18
14		years.
15		"Physician" has the meaning as defined in Section 1-120 of
16		the Mental Health and Developmental Disabilities Code.
17		"Qualified examiner" has the meaning provided in Section
18		1-122 of the Mental Health and Developmental Disabilities Code.
19		"Sanctioned competitive shooting event" means a shooting
20		contest officially recognized by a national or state shooting
21		sport association, and includes any sight-in or practice
22		conducted in conjunction with the event.
23		"School administrator" means the person required to report
24		under the School Administrator Reporting of Mental Health Clear
25		and Present Danger Determinations Law.
26		"Stun gun or taser" has the meaning ascribed to it in

HB4049 Engrossed - 1413 - LRB099 03667 KTG 23678 b
1		Section 24-1 of the Criminal Code of 2012.
2		(Source: P.A. 97-776, eff. 7-13-12; 97-1150, eff. 1-25-13;
3		97-1167, eff. 6-1-13; 98-63, eff. 7-9-13.)
4		(430 ILCS 65/4) (from Ch. 38, par. 83-4)
5		Sec. 4. (a) Each applicant for a Firearm Owner's
6		Identification Card must:
7		(1) Make application on blank forms prepared and
8		furnished at convenient locations throughout the State by
9		the Department of State Police, or by electronic means, if
10		and when made available by the Department of State Police;
11		and
12		(2) Submit evidence to the Department of State Police
13		that:
14		(i) He or she is 21 years of age or over, or if he
15		or she is under 21 years of age that he or she has the
16		written consent of his or her parent or legal guardian
17		to possess and acquire firearms and firearm ammunition
18		and that he or she has never been convicted of a
19		misdemeanor other than a traffic offense or adjudged
20		delinquent, provided, however, that such parent or
21		legal guardian is not an individual prohibited from
22		having a Firearm Owner's Identification Card and files
23		an affidavit with the Department as prescribed by the
24		Department stating that he or she is not an individual
25		prohibited from having a Card;

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1		(ii) He or she has not been convicted of a felony
2		under the laws of this or any other jurisdiction;
3		(iii) He or she is not addicted to narcotics;
4		(iv) He or she has not been a patient in a mental
5		health facility within the past 5 years or, if he or
6		she has been a patient in a mental health facility more
7		than 5 years ago submit the certification required
8		under subsection (u) of Section 8 of this Act;
9		(v) He or she is not a person with an intellectual
10		disability intellectually disabled;
11		(vi) He or she is not an alien who is unlawfully
12		present in the United States under the laws of the
13		United States;
14		(vii) He or she is not subject to an existing order
15		of protection prohibiting him or her from possessing a
16		firearm;
17		(viii) He or she has not been convicted within the
18		past 5 years of battery, assault, aggravated assault,
19		violation of an order of protection, or a substantially
20		similar offense in another jurisdiction, in which a
21		firearm was used or possessed;
22		(ix) He or she has not been convicted of domestic
23		battery, aggravated domestic battery, or a
24		substantially similar offense in another jurisdiction
25		committed before, on or after January 1, 2012 (the
26		effective date of Public Act 97-158). If the applicant

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1		knowingly and intelligently waives the right to have an
2		offense described in this clause (ix) tried by a jury,
3		and by guilty plea or otherwise, results in a
4		conviction for an offense in which a domestic
5		relationship is not a required element of the offense
6		but in which a determination of the applicability of 18
7		U.S.C. 922(g)(9) is made under Section 112A-11.1 of the
8		Code of Criminal Procedure of 1963, an entry by the
9		court of a judgment of conviction for that offense
10		shall be grounds for denying the issuance of a Firearm
11		Owner's Identification Card under this Section;
12		(x) (Blank);
13		(xi) He or she is not an alien who has been
14		admitted to the United States under a non-immigrant
15		visa (as that term is defined in Section 101(a)(26) of
16		the Immigration and Nationality Act (8 U.S.C.
17		1101(a)(26))), or that he or she is an alien who has
18		been lawfully admitted to the United States under a
19		non-immigrant visa if that alien is:
20		(1) admitted to the United States for lawful
21		hunting or sporting purposes;
22		(2) an official representative of a foreign
23		government who is:
24		(A) accredited to the United States
25		Government or the Government's mission to an
26		international organization having its

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1		headquarters in the United States; or
2		(B) en route to or from another country to
3		which that alien is accredited;
4		(3) an official of a foreign government or
5		distinguished foreign visitor who has been so
6		designated by the Department of State;
7		(4) a foreign law enforcement officer of a
8		friendly foreign government entering the United
9		States on official business; or
10		(5) one who has received a waiver from the
11		Attorney General of the United States pursuant to
12		18 U.S.C. 922(y)(3);
13		(xii) He or she is not a minor subject to a
14		petition filed under Section 5-520 of the Juvenile
15		Court Act of 1987 alleging that the minor is a
16		delinquent minor for the commission of an offense that
17		if committed by an adult would be a felony;
18		(xiii) He or she is not an adult who had been
19		adjudicated a delinquent minor under the Juvenile
20		Court Act of 1987 for the commission of an offense that
21		if committed by an adult would be a felony;
22		(xiv) He or she is a resident of the State of
23		Illinois;
24		(xv) He or she has not been adjudicated as a person
25		with a mental disability mentally disabled person;
26		(xvi) He or she has not been involuntarily admitted

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1		into a mental health facility; and
2		(xvii) He or she is not a person with a
3		developmental disability developmentally disabled; and
4		(3) Upon request by the Department of State Police,
5		sign a release on a form prescribed by the Department of
6		State Police waiving any right to confidentiality and
7		requesting the disclosure to the Department of State Police
8		of limited mental health institution admission information
9		from another state, the District of Columbia, any other
10		territory of the United States, or a foreign nation
11		concerning the applicant for the sole purpose of
12		determining whether the applicant is or was a patient in a
13		mental health institution and disqualified because of that
14		status from receiving a Firearm Owner's Identification
15		Card. No mental health care or treatment records may be
16		requested. The information received shall be destroyed
17		within one year of receipt.
18		(a-5) Each applicant for a Firearm Owner's Identification
19		Card who is over the age of 18 shall furnish to the Department
20		of State Police either his or her Illinois driver's license
21		number or Illinois Identification Card number, except as
22		provided in subsection (a-10).
23		(a-10) Each applicant for a Firearm Owner's Identification
24		Card, who is employed as a law enforcement officer, an armed
25		security officer in Illinois, or by the United States Military
26		permanently assigned in Illinois and who is not an Illinois

HB4049 Engrossed - 1418 - LRB099 03667 KTG 23678 b
1		resident, shall furnish to the Department of State Police his
2		or her driver's license number or state identification card
3		number from his or her state of residence. The Department of
4		State Police may adopt rules to enforce the provisions of this
5		subsection (a-10).
6		(a-15) If an applicant applying for a Firearm Owner's
7		Identification Card moves from the residence address named in
8		the application, he or she shall immediately notify in a form
9		and manner prescribed by the Department of State Police of that
10		change of address.
11		(a-20) Each applicant for a Firearm Owner's Identification
12		Card shall furnish to the Department of State Police his or her
13		photograph. An applicant who is 21 years of age or older
14		seeking a religious exemption to the photograph requirement
15		must furnish with the application an approved copy of United
16		States Department of the Treasury Internal Revenue Service Form
17		4029. In lieu of a photograph, an applicant regardless of age
18		seeking a religious exemption to the photograph requirement
19		shall submit fingerprints on a form and manner prescribed by
20		the Department with his or her application.
21		(b) Each application form shall include the following
22		statement printed in bold type: "Warning: Entering false
23		information on an application for a Firearm Owner's
24		Identification Card is punishable as a Class 2 felony in
25		accordance with subsection (d-5) of Section 14 of the Firearm
26		Owners Identification Card Act.".

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1		(c) Upon such written consent, pursuant to Section 4,
2		paragraph (a)(2)(i), the parent or legal guardian giving the
3		consent shall be liable for any damages resulting from the
4		applicant's use of firearms or firearm ammunition.
5		(Source: P.A. 97-158, eff. 1-1-12; 97-227, eff. 1-1-12; 97-813,
6		eff. 7-13-12; 97-1131, eff. 1-1-13; 97-1167, eff. 6-1-13;
7		98-63, eff. 7-9-13.)
8		(430 ILCS 65/8) (from Ch. 38, par. 83-8)
9		Sec. 8. Grounds for denial and revocation. The Department
10		of State Police has authority to deny an application for or to
11		revoke and seize a Firearm Owner's Identification Card
12		previously issued under this Act only if the Department finds
13		that the applicant or the person to whom such card was issued
14		is or was at the time of issuance:
15		(a) A person under 21 years of age who has been
16		convicted of a misdemeanor other than a traffic offense or
17		adjudged delinquent;
18		(b) A person under 21 years of age who does not have
19		the written consent of his parent or guardian to acquire
20		and possess firearms and firearm ammunition, or whose
21		parent or guardian has revoked such written consent, or
22		where such parent or guardian does not qualify to have a
23		Firearm Owner's Identification Card;
24		(c) A person convicted of a felony under the laws of
25		this or any other jurisdiction;

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1		(d) A person addicted to narcotics;
2		(e) A person who has been a patient of a mental health
3		facility within the past 5 years or a person who has been a
4		patient in a mental health facility more than 5 years ago
5		who has not received the certification required under
6		subsection (u) of this Section. An active law enforcement
7		officer employed by a unit of government who is denied,
8		revoked, or has his or her Firearm Owner's Identification
9		Card seized under this subsection (e) may obtain relief as
10		described in subsection (c-5) of Section 10 of this Act if
11		the officer did not act in a manner threatening to the
12		officer, another person, or the public as determined by the
13		treating clinical psychologist or physician, and the
14		officer seeks mental health treatment;
15		(f) A person whose mental condition is of such a nature
16		that it poses a clear and present danger to the applicant,
17		any other person or persons or the community;
18		(g) A person who has an intellectual disability is
19		intellectually disabled;
20		(h) A person who intentionally makes a false statement
21		in the Firearm Owner's Identification Card application;
22		(i) An alien who is unlawfully present in the United
23		States under the laws of the United States;
24		(i-5) An alien who has been admitted to the United
25		States under a non-immigrant visa (as that term is defined
26		in Section 101(a)(26) of the Immigration and Nationality

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1		Act (8 U.S.C. 1101(a)(26))), except that this subsection
2		(i-5) does not apply to any alien who has been lawfully
3		admitted to the United States under a non-immigrant visa if
4		that alien is:
5		(1) admitted to the United States for lawful
6		hunting or sporting purposes;
7		(2) an official representative of a foreign
8		government who is:
9		(A) accredited to the United States Government
10		or the Government's mission to an international
11		organization having its headquarters in the United
12		States; or
13		(B) en route to or from another country to
14		which that alien is accredited;
15		(3) an official of a foreign government or
16		distinguished foreign visitor who has been so
17		designated by the Department of State;
18		(4) a foreign law enforcement officer of a friendly
19		foreign government entering the United States on
20		official business; or
21		(5) one who has received a waiver from the Attorney
22		General of the United States pursuant to 18 U.S.C.
23		922(y)(3);
24		(j) (Blank);
25		(k) A person who has been convicted within the past 5
26		years of battery, assault, aggravated assault, violation

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1		of an order of protection, or a substantially similar
2		offense in another jurisdiction, in which a firearm was
3		used or possessed;
4		(l) A person who has been convicted of domestic
5		battery, aggravated domestic battery, or a substantially
6		similar offense in another jurisdiction committed before,
7		on or after January 1, 2012 (the effective date of Public
8		Act 97-158). If the applicant or person who has been
9		previously issued a Firearm Owner's Identification Card
10		under this Act knowingly and intelligently waives the right
11		to have an offense described in this paragraph (l) tried by
12		a jury, and by guilty plea or otherwise, results in a
13		conviction for an offense in which a domestic relationship
14		is not a required element of the offense but in which a
15		determination of the applicability of 18 U.S.C. 922(g)(9)
16		is made under Section 112A-11.1 of the Code of Criminal
17		Procedure of 1963, an entry by the court of a judgment of
18		conviction for that offense shall be grounds for denying an
19		application for and for revoking and seizing a Firearm
20		Owner's Identification Card previously issued to the
21		person under this Act;
22		(m) (Blank);
23		(n) A person who is prohibited from acquiring or
24		possessing firearms or firearm ammunition by any Illinois
25		State statute or by federal law;
26		(o) A minor subject to a petition filed under Section

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1		5-520 of the Juvenile Court Act of 1987 alleging that the
2		minor is a delinquent minor for the commission of an
3		offense that if committed by an adult would be a felony;
4		(p) An adult who had been adjudicated a delinquent
5		minor under the Juvenile Court Act of 1987 for the
6		commission of an offense that if committed by an adult
7		would be a felony;
8		(q) A person who is not a resident of the State of
9		Illinois, except as provided in subsection (a-10) of
10		Section 4;
11		(r) A person who has been adjudicated as a person with
12		a mental disability mentally disabled person;
13		(s) A person who has been found to have a developmental
14		disability be developmentally disabled;
15		(t) A person involuntarily admitted into a mental
16		health facility; or
17		(u) A person who has had his or her Firearm Owner's
18		Identification Card revoked or denied under subsection (e)
19		of this Section or item (iv) of paragraph (2) of subsection
20		(a) of Section 4 of this Act because he or she was a
21		patient in a mental health facility as provided in
22		subsection (e) of this Section, shall not be permitted to
23		obtain a Firearm Owner's Identification Card, after the
24		5-year period has lapsed, unless he or she has received a
25		mental health evaluation by a physician, clinical
26		psychologist, or qualified examiner as those terms are

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1		defined in the Mental Health and Developmental
2		Disabilities Code, and has received a certification that he
3		or she is not a clear and present danger to himself,
4		herself, or others. The physician, clinical psychologist,
5		or qualified examiner making the certification and his or
6		her employer shall not be held criminally, civilly, or
7		professionally liable for making or not making the
8		certification required under this subsection, except for
9		willful or wanton misconduct. This subsection does not
10		apply to a person whose firearm possession rights have been
11		restored through administrative or judicial action under
12		Section 10 or 11 of this Act.
13		Upon revocation of a person's Firearm Owner's
14		Identification Card, the Department of State Police shall
15		provide notice to the person and the person shall comply with
16		Section 9.5 of this Act.
17		(Source: P.A. 97-158, eff. 1-1-12; 97-227, eff. 1-1-12; 97-813,
18		eff. 7-13-12; 97-1131, eff. 1-1-13; 97-1167, eff. 6-1-13;
19		98-63, eff. 7-9-13; 98-508, eff. 8-19-13; 98-756, eff.
20		7-16-14.)
21		(430 ILCS 65/8.1) (from Ch. 38, par. 83-8.1)
22		Sec. 8.1. Notifications to the Department of State Police.
23		(a) The Circuit Clerk shall, in the form and manner
24		required by the Supreme Court, notify the Department of State
25		Police of all final dispositions of cases for which the

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1		Department has received information reported to it under
2		Sections 2.1 and 2.2 of the Criminal Identification Act.
3		(b) Upon adjudication of any individual as a person with a
4		mental disability mentally disabled person as defined in
5		Section 1.1 of this Act or a finding that a person has been
6		involuntarily admitted, the court shall direct the circuit
7		court clerk to immediately notify the Department of State
8		Police, Firearm Owner's Identification (FOID) department, and
9		shall forward a copy of the court order to the Department.
10		(c) The Department of Human Services shall, in the form and
11		manner prescribed by the Department of State Police, report all
12		information collected under subsection (b) of Section 12 of the
13		Mental Health and Developmental Disabilities Confidentiality
14		Act for the purpose of determining whether a person who may be
15		or may have been a patient in a mental health facility is
16		disqualified under State or federal law from receiving or
17		retaining a Firearm Owner's Identification Card, or purchasing
18		a weapon.
19		(d) If a person is determined to pose a clear and present
20		danger to himself, herself, or to others:
21		(1) by a physician, clinical psychologist, or
22		qualified examiner, or is determined to have a
23		developmental disability be developmentally disabled by a
24		physician, clinical psychologist, or qualified examiner,
25		whether employed by the State or privately, then the
26		physician, clinical psychologist, or qualified examiner

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1		shall, within 24 hours of making the determination, notify
2		the Department of Human Services that the person poses a
3		clear and present danger or has a developmental disability
4		is developmentally disabled; or
5		(2) by a law enforcement official or school
6		administrator, then the law enforcement official or school
7		administrator shall, within 24 hours of making the
8		determination, notify the Department of State Police that
9		the person poses a clear and present danger.
10		The Department of Human Services shall immediately update
11		its records and information relating to mental health and
12		developmental disabilities, and if appropriate, shall notify
13		the Department of State Police in a form and manner prescribed
14		by the Department of State Police. The Department of State
15		Police shall determine whether to revoke the person's Firearm
16		Owner's Identification Card under Section 8 of this Act. Any
17		information disclosed under this subsection shall remain
18		privileged and confidential, and shall not be redisclosed,
19		except as required under subsection (e) of Section 3.1 of this
20		Act, nor used for any other purpose. The method of providing
21		this information shall guarantee that the information is not
22		released beyond what is necessary for the purpose of this
23		Section and shall be provided by rule by the Department of
24		Human Services. The identity of the person reporting under this
25		Section shall not be disclosed to the subject of the report.
26		The physician, clinical psychologist, qualified examiner, law

HB4049 Engrossed - 1427 - LRB099 03667 KTG 23678 b
1		enforcement official, or school administrator making the
2		determination and his or her employer shall not be held
3		criminally, civilly, or professionally liable for making or not
4		making the notification required under this subsection, except
5		for willful or wanton misconduct.
6		(e) The Department of State Police shall adopt rules to
7		implement this Section.
8		(Source: P.A. 97-1131, eff. 1-1-13; 98-63, eff. 7-9-13; 98-600,
9		eff. 12-6-13.)
10		Section 835. The Emergency Evacuation Plan for People with
11		Disabilities Act is amended by changing Sections 10 and 15 as
12		follows:
13		(430 ILCS 130/10)
14		Sec. 10. Emergency evacuation plan for persons with
15		disabilities required. By January 1, 2004, every high rise
16		building owner must establish and maintain an emergency
17		evacuation plan for occupants of the building who have a
18		disability and disabled occupants of the building who have
19		notified the owner of their need for assistance. The evacuation
20		plan must be established even if the owner has not been
21		notified of a need for evacuation assistance by an occupant of
22		the building who has a disability a disabled occupant of the
23		building. As used in this Act, "high rise building" means any
24		building 80 feet or more in height. The owner is responsible

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1		for maintaining and updating the plan as necessary to ensure
2		that the plan continues to comply with the provisions of this
3		Act.
4		(Source: P.A. 92-705, eff. 7-19-02; 93-345, eff. 7-24-03.)
5		(430 ILCS 130/15)
6		Sec. 15. Plan requirements.
7		(a) Each plan must establish procedures for evacuating
8		persons with disabilities from the building in the event of an
9		emergency, when those persons have notified the owner of their
10		need for assistance.
11		(b) Each plan must provide for a list to be maintained of
12		persons who have notified the owner that they have a disability
13		they are disabled and would require special assistance in the
14		event of an emergency. The list must include the unit, office,
15		or room number location that the person with a disability
16		disabled person occupies in the building. It is the intent of
17		this Act that these lists must be maintained for the sole
18		purpose of emergency evacuation. The lists may not be used or
19		disseminated for any other purpose.
20		(c) The plan must provide for a means to notify occupants
21		of the building that a list identifying persons with a
22		disability in need of emergency evacuation assistance is
23		maintained by the owner, and the method by which occupants can
24		place their name on the list.
25		(d) In hotels and motels, each plan must provide an

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1		opportunity for a guest to identify himself or herself as a
2		person with a disability in need of emergency evacuation
3		assistance.
4		(e) The plan must identify the location and type of any
5		evacuation assistance devices or assistive technologies that
6		are available in the building.
7		If the plan provides for areas of rescue assistance, the
8		plan must provide that these areas are to be identified by
9		signs that state "Area of Rescue Assistance" and display the
10		international symbol of accessibility. Lettering must be
11		permanent and must comply with Americans with Disabilities Act
12		Accessibility Guidelines.
13		(f) Each plan must include recommended procedures to be
14		followed by building employees, tenants, or guests to assist
15		persons with disabilities in need of emergency evacuation
16		assistance.
17		(g) A copy of the plan must be maintained at all times in a
18		place that is easily accessible by law enforcement or fire
19		safety personnel, such as in the management office of the high
20		rise building, at the security desk, or in the vicinity of the
21		fireman's elevator recall key, the life safety panel, or the
22		fire pump room.
23		(Source: P.A. 92-705, eff. 7-19-02; 93-345, eff. 7-24-03.)
24		Section 840. The Illinois Premise Alert Program (PAP) Act
25		is amended by changing Section 15 as follows:

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1		(430 ILCS 132/15)
2		Sec. 15. Reporting of Special Needs Individuals.
3		(a) Public safety agencies and suppliers of oxygen
4		containers used for medical purposes shall make reasonable
5		efforts to publicize the Premise Alert Program (PAP) database.
6		Means of publicizing the database include, but are not limited
7		to, pamphlets and websites.
8		(b) Families, caregivers, or the individuals with
9		disabilities or special needs may contact their local law
10		enforcement agency or fire department or fire protection
11		district.
12		(c) Public safety workers are to be cognizant of special
13		needs individuals they may come across when they respond to
14		calls. If workers are able to identify individuals who have
15		special needs, they shall try to ascertain as specifically as
16		possible what that special need might be. The public safety
17		worker should attempt to verify the special need as provided in
18		item (2) of subsection (d).
19		(d) The disabled individual's name, date of birth, phone
20		number, residential address or place of employment of the
21		individual with a disability, and a description of whether
22		oxygen canisters are kept at that location for medical purposes
23		should also be obtained for possible entry into the PAP
24		database.
25		(1) Whenever possible, it is preferable that written

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1		permission is obtained from a parent, guardian, family
2		member, or caregiver of the individual themselves prior to
3		being entered into the PAP database.
4		(2) No individual may be entered into a PAP database
5		unless the special need has been verified. Acceptable means
6		of verifying a special need for purposes of this program
7		shall include statements by:
8		(A) the individual,
9		(B) family members,
10		(C) friends,
11		(D) caregivers, or
12		(E) medical personnel familiar with the
13		individual.
14		(e) For public safety agencies that share the same CAD
15		database, information collected by one agency serviced by the
16		CAD database is to be disseminated to all agencies utilizing
17		that database.
18		(f) Information received at an incorrect public safety
19		agency shall be accepted and forwarded to the correct agency as
20		soon as possible.
21		(g) All information entered into the PAP database must be
22		updated every 2 years or when such information changes.
23		(Source: P.A. 96-788, eff. 8-28-09; 97-333, eff. 8-12-11;
24		97-476, eff. 8-22-11.)
25		Section 845. The Animal Control Act is amended by changing

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1		Sections 15 and 15.1 as follows:
2		(510 ILCS 5/15) (from Ch. 8, par. 365)
3		Sec. 15. (a) In order to have a dog deemed "vicious", the
4		Administrator, Deputy Administrator, or law enforcement
5		officer must give notice of the infraction that is the basis of
6		the investigation to the owner, conduct a thorough
7		investigation, interview any witnesses, including the owner,
8		gather any existing medical records, veterinary medical
9		records or behavioral evidence, and make a detailed report
10		recommending a finding that the dog is a vicious dog and give
11		the report to the States Attorney's Office and the owner. The
12		Administrator, State's Attorney, Director or any citizen of the
13		county in which the dog exists may file a complaint in the
14		circuit court in the name of the People of the State of
15		Illinois to deem a dog to be a vicious dog. Testimony of a
16		certified applied behaviorist, a board certified veterinary
17		behaviorist, or another recognized expert may be relevant to
18		the court's determination of whether the dog's behavior was
19		justified. The petitioner must prove the dog is a vicious dog
20		by clear and convincing evidence. The Administrator shall
21		determine where the animal shall be confined during the
22		pendency of the case.
23		A dog may not be declared vicious if the court determines
24		the conduct of the dog was justified because:
25		(1) the threat, injury, or death was sustained by a

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1		person who at the time was committing a crime or offense
2		upon the owner or custodian of the dog, or was committing a
3		willful trespass or other tort upon the premises or
4		property owned or occupied by the owner of the animal;
5		(2) the injured, threatened, or killed person was
6		abusing, assaulting, or physically threatening the dog or
7		its offspring, or has in the past abused, assaulted, or
8		physically threatened the dog or its offspring; or
9		(3) the dog was responding to pain or injury, or was
10		protecting itself, its owner, custodian, or member of its
11		household, kennel, or offspring.
12		No dog shall be deemed "vicious" if it is a professionally
13		trained dog for law enforcement or guard duties. Vicious dogs
14		shall not be classified in a manner that is specific as to
15		breed.
16		If the burden of proof has been met, the court shall deem
17		the dog to be a vicious dog.
18		If a dog is found to be a vicious dog, the owner shall pay a
19		$100 public safety fine to be deposited into the Pet Population
20		Control Fund, the dog shall be spayed or neutered within 10
21		days of the finding at the expense of its owner and
22		microchipped, if not already, and the dog is subject to
23		enclosure. If an owner fails to comply with these requirements,
24		the animal control agency shall impound the dog and the owner
25		shall pay a $500 fine plus impoundment fees to the animal
26		control agency impounding the dog. The judge has the discretion

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1		to order a vicious dog be euthanized. A dog found to be a
2		vicious dog shall not be released to the owner until the
3		Administrator, an Animal Control Warden, or the Director
4		approves the enclosure. No owner or keeper of a vicious dog
5		shall sell or give away the dog without approval from the
6		Administrator or court. Whenever an owner of a vicious dog
7		relocates, he or she shall notify both the Administrator of
8		County Animal Control where he or she has relocated and the
9		Administrator of County Animal Control where he or she formerly
10		resided.
11		(b) It shall be unlawful for any person to keep or maintain
12		any dog which has been found to be a vicious dog unless the dog
13		is kept in an enclosure. The only times that a vicious dog may
14		be allowed out of the enclosure are (1) if it is necessary for
15		the owner or keeper to obtain veterinary care for the dog, (2)
16		in the case of an emergency or natural disaster where the dog's
17		life is threatened, or (3) to comply with the order of a court
18		of competent jurisdiction, provided that the dog is securely
19		muzzled and restrained with a leash not exceeding 6 feet in
20		length, and shall be under the direct control and supervision
21		of the owner or keeper of the dog or muzzled in its residence.
22		Any dog which has been found to be a vicious dog and which
23		is not confined to an enclosure shall be impounded by the
24		Administrator, an Animal Control Warden, or the law enforcement
25		authority having jurisdiction in such area.
26		If the owner of the dog has not appealed the impoundment

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1		order to the circuit court in the county in which the animal
2		was impounded within 15 working days, the dog may be
3		euthanized.
4		Upon filing a notice of appeal, the order of euthanasia
5		shall be automatically stayed pending the outcome of the
6		appeal. The owner shall bear the burden of timely notification
7		to animal control in writing.
8		Guide dogs for the blind or hearing impaired, support dogs
9		for persons with physical disabilities the physically
10		handicapped, accelerant detection dogs, and sentry, guard, or
11		police-owned dogs are exempt from this Section; provided, an
12		attack or injury to a person occurs while the dog is performing
13		duties as expected. To qualify for exemption under this
14		Section, each such dog shall be currently inoculated against
15		rabies in accordance with Section 8 of this Act. It shall be
16		the duty of the owner of such exempted dog to notify the
17		Administrator of changes of address. In the case of a sentry or
18		guard dog, the owner shall keep the Administrator advised of
19		the location where such dog will be stationed. The
20		Administrator shall provide police and fire departments with a
21		categorized list of such exempted dogs, and shall promptly
22		notify such departments of any address changes reported to him.
23		(c) If the animal control agency has custody of the dog,
24		the agency may file a petition with the court requesting that
25		the owner be ordered to post security. The security must be in
26		an amount sufficient to secure payment of all reasonable

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1		expenses expected to be incurred by the animal control agency
2		or animal shelter in caring for and providing for the dog
3		pending the determination. Reasonable expenses include, but
4		are not limited to, estimated medical care and boarding of the
5		animal for 30 days. If security has been posted in accordance
6		with this Section, the animal control agency may draw from the
7		security the actual costs incurred by the agency in caring for
8		the dog.
9		(d) Upon receipt of a petition, the court must set a
10		hearing on the petition, to be conducted within 5 business days
11		after the petition is filed. The petitioner must serve a true
12		copy of the petition upon the defendant.
13		(e) If the court orders the posting of security, the
14		security must be posted with the clerk of the court within 5
15		business days after the hearing. If the person ordered to post
16		security does not do so, the dog is forfeited by operation of
17		law and the animal control agency must dispose of the animal
18		through adoption or humane euthanization.
19		(Source: P.A. 96-1171, eff. 7-22-10.)
20		(510 ILCS 5/15.1)
21		Sec. 15.1. Dangerous dog determination.
22		(a) After a thorough investigation including: sending,
23		within 10 business days of the Administrator or Director
24		becoming aware of the alleged infraction, notifications to the
25		owner of the alleged infractions, the fact of the initiation of

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1		an investigation, and affording the owner an opportunity to
2		meet with the Administrator or Director prior to the making of
3		a determination; gathering of any medical or veterinary
4		evidence; interviewing witnesses; and making a detailed
5		written report, an animal control warden, deputy
6		administrator, or law enforcement agent may ask the
7		Administrator, or his or her designee, or the Director, to deem
8		a dog to be "dangerous". No dog shall be deemed a "dangerous
9		dog" unless shown to be a dangerous dog by a preponderance of
10		evidence. The owner shall be sent immediate notification of the
11		determination by registered or certified mail that includes a
12		complete description of the appeal process.
13		(b) A dog shall not be declared dangerous if the
14		Administrator, or his or her designee, or the Director
15		determines the conduct of the dog was justified because:
16		(1) the threat was sustained by a person who at the
17		time was committing a crime or offense upon the owner or
18		custodian of the dog or was committing a willful trespass
19		or other tort upon the premises or property occupied by the
20		owner of the animal;
21		(2) the threatened person was abusing, assaulting, or
22		physically threatening the dog or its offspring;
23		(3) the injured, threatened, or killed companion
24		animal was attacking or threatening to attack the dog or
25		its offspring; or
26		(4) the dog was responding to pain or injury or was

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1		protecting itself, its owner, custodian, or a member of its
2		household, kennel, or offspring.
3		(c) Testimony of a certified applied behaviorist, a board
4		certified veterinary behaviorist, or another recognized expert
5		may be relevant to the determination of whether the dog's
6		behavior was justified pursuant to the provisions of this
7		Section.
8		(d) If deemed dangerous, the Administrator, or his or her
9		designee, or the Director shall order (i) the dog's owner to
10		pay a $50 public safety fine to be deposited into the Pet
11		Population Control Fund, (ii) the dog to be spayed or neutered
12		within 14 days at the owner's expense and microchipped, if not
13		already, and (iii) one or more of the following as deemed
14		appropriate under the circumstances and necessary for the
15		protection of the public:
16		(1) evaluation of the dog by a certified applied
17		behaviorist, a board certified veterinary behaviorist, or
18		another recognized expert in the field and completion of
19		training or other treatment as deemed appropriate by the
20		expert. The owner of the dog shall be responsible for all
21		costs associated with evaluations and training ordered
22		under this subsection; or
23		(2) direct supervision by an adult 18 years of age or
24		older whenever the animal is on public premises.
25		(e) The Administrator may order a dangerous dog to be
26		muzzled whenever it is on public premises in a manner that will

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1		prevent it from biting any person or animal, but that shall not
2		injure the dog or interfere with its vision or respiration.
3		(f) Guide dogs for the blind or hearing impaired, support
4		dogs for persons with a physical disability the physically
5		handicapped, and sentry, guard, or police-owned dogs are exempt
6		from this Section; provided, an attack or injury to a person
7		occurs while the dog is performing duties as expected. To
8		qualify for exemption under this Section, each such dog shall
9		be currently inoculated against rabies in accordance with
10		Section 8 of this Act and performing duties as expected. It
11		shall be the duty of the owner of the exempted dog to notify
12		the Administrator of changes of address. In the case of a
13		sentry or guard dog, the owner shall keep the Administrator
14		advised of the location where such dog will be stationed. The
15		Administrator shall provide police and fire departments with a
16		categorized list of the exempted dogs, and shall promptly
17		notify the departments of any address changes reported to him
18		or her.
19		(g) An animal control agency has the right to impound a
20		dangerous dog if the owner fails to comply with the
21		requirements of this Act.
22		(Source: P.A. 93-548, eff. 8-19-03; 94-639, eff. 8-22-05.)
23		Section 850. The Humane Care for Animals Act is amended by
24		changing Sections 2.01c and 7.15 as follows:

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1		(510 ILCS 70/2.01c)
2		Sec. 2.01c. Service animal. "Service animal" means an
3		animal trained in obedience and task skills to meet the needs
4		of a person with a disability disabled person.
5		(Source: P.A. 92-454, eff. 1-1-02.)
6		(510 ILCS 70/7.15)
7		Sec. 7.15. Guide, hearing, and support dogs.
8		(a) A person may not willfully and maliciously annoy,
9		taunt, tease, harass, torment, beat, or strike a guide,
10		hearing, or support dog or otherwise engage in any conduct
11		directed toward a guide, hearing, or support dog that is likely
12		to impede or interfere with the dog's performance of its duties
13		or that places the blind, hearing impaired, or person with a
14		physical disability physically handicapped person being served
15		or assisted by the dog in danger of injury.
16		(b) A person may not willfully and maliciously torture,
17		injure, or kill a guide, hearing, or support dog.
18		(c) A person may not willfully and maliciously permit a dog
19		that is owned, harbored, or controlled by the person to cause
20		injury to or the death of a guide, hearing, or support dog
21		while the guide, hearing, or support dog is in discharge of its
22		duties.
23		(d) A person convicted of violating this Section is guilty
24		of a Class A misdemeanor. A second or subsequent violation is a
25		Class 4 felony. A person convicted of violating subsection (b)

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1		or (c) of this Section is guilty of a Class 4 felony if the dog
2		is killed or totally disabled, and may be ordered by the court
3		to make restitution to the person with a disability disabled
4		person having custody or ownership of the dog for veterinary
5		bills and replacement costs of the dog.
6		(Source: P.A. 92-650, eff. 7-11-02.)
7		Section 855. The Fish and Aquatic Life Code is amended by
8		changing Sections 15-5 and 20-5 as follows:
9		(515 ILCS 5/15-5) (from Ch. 56, par. 15-5)
10		Sec. 15-5. Commercial fisherman; license requirement.
11		(a) A "commercial fisherman" is defined as any individual
12		who uses any of the commercial fishing devices as defined by
13		this Code for the taking of any aquatic life, except mussels,
14		protected by the terms of this Code.
15		(b) All commercial fishermen shall have a commercial
16		fishing license. In addition to a commercial fishing license, a
17		commercial fisherman shall also obtain a sport fishing license.
18		All individuals assisting a licensed commercial fisherman in
19		taking aquatic life, except mussels, from any waters of the
20		State must have a commercial fishing license unless these
21		individuals are under the direct supervision of and aboard the
22		same watercraft as the licensed commercial fisherman. An
23		individual assisting a licensed commercial fisherman must
24		first obtain a sport fishing license.

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1		(c) Notwithstanding any other provision of law to the
2		contrary, blind residents or residents with a disability or
3		disabled residents may fish with commercial fishing devices
4		without holding a sports fishing license. For the purpose of
5		this Section, an individual is blind or has a disability
6		disabled if that individual has a Class 2 disability as defined
7		in Section 4A of the Illinois Identification Card Act. For the
8		purposes of this Section, an Illinois person with a Disability
9		Identification Card issued under the Illinois Identification
10		Card Act indicating that the individual named on the card has a
11		Class 2 disability shall be adequate documentation of a
12		disability.
13		(d) Notwithstanding any other provision of law to the
14		contrary, a veteran who, according to the determination of the
15		federal Veterans' Administration as certified by the
16		Department of Veterans' Affairs, is at least 10% disabled with
17		service-related disabilities or in receipt of total disability
18		pensions may fish with commercial fishing devices without
19		holding a sports fishing license during those periods of the
20		year that it is lawful to fish with commercial fishing devices,
21		if the respective disabilities do not prevent the veteran from
22		fishing in a manner that is safe to him or herself and others.
23		(e) A "Lake Michigan commercial fisherman" is defined as an
24		individual who resides in this State or an Illinois corporation
25		who uses any of the commercial fishing devices as defined by
26		this Code for the taking of aquatic life, except mussels,

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1		protected by the terms of this Code.
2		(f) For purposes of this Section, an act or omission that
3		constitutes a violation committed by an officer, employee, or
4		agent of a corporation shall be deemed the act or omission of
5		the corporation.
6		(Source: P.A. 98-336, eff. 1-1-14; 98-898, eff. 1-1-15.)
7		(515 ILCS 5/20-5) (from Ch. 56, par. 20-5)
8		Sec. 20-5. Necessity of license; exemptions.
9		(a) Any person taking or attempting to take any fish,
10		including minnows for commercial purposes, turtles, mussels,
11		crayfish, or frogs by any means whatever in any waters or lands
12		wholly or in part within the jurisdiction of the State,
13		including that part of Lake Michigan under the jurisdiction of
14		this State, shall first obtain a license to do so, and shall do
15		so only during the respective periods of the year when it shall
16		be lawful as provided in this Code. Individuals under 16, blind
17		residents or residents with a disability or disabled residents,
18		or individuals fishing at fee fishing areas licensed by the
19		Department, however, may fish with sport fishing devices
20		without being required to have a license. For the purpose of
21		this Section an individual is blind or has a disability
22		disabled if that individual has a Class 2 disability as defined
23		in Section 4A of the Illinois Identification Card Act. For
24		purposes of this Section an Illinois Person with a Disability
25		Identification Card issued under the Illinois Identification

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1		Card Act indicating that the individual named on the card has a
2		Class 2 disability shall be adequate documentation of a
3		disability.
4		(b) A courtesy non-resident sport fishing license or stamp
5		may be issued at the discretion of the Director, without fee,
6		to (i) any individual officially employed in the wildlife and
7		fish or conservation department of another state or of the
8		United States who is within the State to assist or consult or
9		cooperate with the Director or (ii) the officials of other
10		states, the United States, foreign countries, or officers or
11		representatives of conservation organizations or publications
12		while in the State as guests of the Governor or Director.
13		(c) The Director may issue special fishing permits without
14		cost to groups of hospital patients or to individuals with
15		disabilities handicapped individuals for use on specified
16		dates in connection with supervised fishing for therapy.
17		(d) Veterans who, according to the determination of the
18		Veterans' Administration as certified by the Department of
19		Veterans' Affairs, are at least 10% disabled with
20		service-related disabilities or in receipt of total disability
21		pensions may fish with sport fishing devices during those
22		periods of the year it is lawful to do so without being
23		required to have a license, on the condition that their
24		respective disabilities do not prevent them from fishing in a
25		manner which is safe to themselves and others.
26		(e) Each year the Director may designate a period, not to

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1		exceed 4 days in duration, when sport fishermen may fish waters
2		wholly or in part within the jurisdiction of the State,
3		including that part of Lake Michigan under the jurisdiction of
4		the State, and not be required to obtain the license or stamp
5		required by subsection (a) of this Section, Section 20-10 or
6		subsection (a) of Section 20-55. The term of any such period
7		shall be established by administrative rule. This subsection
8		shall not apply to commercial fishing.
9		(f) The Director may issue special fishing permits without
10		cost for a group event, restricted to specific dates and
11		locations if it is determined by the Department that the event
12		is beneficial in promoting sport fishing in Illinois.
13		(Source: P.A. 97-1064, eff. 1-1-13.)
14		Section 860. The Wildlife Code is amended by changing
15		Sections 2.5, 2.33, and 3.1 as follows:
16		(520 ILCS 5/2.5)
17		Sec. 2.5. Crossbow conditions. A person may use a crossbow
18		if one or more of the following conditions are met:
19		(1) the user is a person age 62 and older;
20		(2) the user is a person with a disability handicapped
21		person to whom the Director has issued a permit to use a
22		crossbow, as provided by administrative rule; or
23		(3) the date of using the crossbow is during the period
24		of the second Monday following the Thanksgiving holiday

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1		through the last day of the archery deer hunting season
2		(both inclusive) set annually by the Director.
3		As used in this Section, "person with a disability
4		handicapped person" means a person who has a physical
5		impairment due to injury or disease, congenital or acquired,
6		which renders the person them so severely disabled as to be
7		unable to use a longbow, recurve bow, or compound bow. Permits
8		must be issued only after the receipt of a physician's
9		statement confirming the applicant is a person with a
10		disability handicapped as defined above.
11		(Source: P.A. 97-907, eff. 8-7-12; revised 12-10-14.)
12		(520 ILCS 5/2.33) (from Ch. 61, par. 2.33)
13		Sec. 2.33. Prohibitions.
14		(a) It is unlawful to carry or possess any gun in any State
15		refuge unless otherwise permitted by administrative rule.
16		(b) It is unlawful to use or possess any snare or
17		snare-like device, deadfall, net, or pit trap to take any
18		species, except that snares not powered by springs or other
19		mechanical devices may be used to trap fur-bearing mammals, in
20		water sets only, if at least one-half of the snare noose is
21		located underwater at all times.
22		(c) It is unlawful for any person at any time to take a
23		wild mammal protected by this Act from its den by means of any
24		mechanical device, spade, or digging device or to use smoke or
25		other gases to dislodge or remove such mammal except as

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1		provided in Section 2.37.
2		(d) It is unlawful to use a ferret or any other small
3		mammal which is used in the same or similar manner for which
4		ferrets are used for the purpose of frightening or driving any
5		mammals from their dens or hiding places.
6		(e) (Blank).
7		(f) It is unlawful to use spears, gigs, hooks or any like
8		device to take any species protected by this Act.
9		(g) It is unlawful to use poisons, chemicals or explosives
10		for the purpose of taking any species protected by this Act.
11		(h) It is unlawful to hunt adjacent to or near any peat,
12		grass, brush or other inflammable substance when it is burning.
13		(i) It is unlawful to take, pursue or intentionally harass
14		or disturb in any manner any wild birds or mammals by use or
15		aid of any vehicle or conveyance, except as permitted by the
16		Code of Federal Regulations for the taking of waterfowl. It is
17		also unlawful to use the lights of any vehicle or conveyance or
18		any light from or any light connected to the vehicle or
19		conveyance in any area where wildlife may be found except in
20		accordance with Section 2.37 of this Act; however, nothing in
21		this Section shall prohibit the normal use of headlamps for the
22		purpose of driving upon a roadway. Striped skunk, opossum, red
23		fox, gray fox, raccoon and coyote may be taken during the open
24		season by use of a small light which is worn on the body or
25		hand-held by a person on foot and not in any vehicle.
26		(j) It is unlawful to use any shotgun larger than 10 gauge

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1		while taking or attempting to take any of the species protected
2		by this Act.
3		(k) It is unlawful to use or possess in the field any
4		shotgun shell loaded with a shot size larger than lead BB or
5		steel T (.20 diameter) when taking or attempting to take any
6		species of wild game mammals (excluding white-tailed deer),
7		wild game birds, migratory waterfowl or migratory game birds
8		protected by this Act, except white-tailed deer as provided for
9		in Section 2.26 and other species as provided for by subsection
10		(l) or administrative rule.
11		(l) It is unlawful to take any species of wild game, except
12		white-tailed deer and fur-bearing mammals, with a shotgun
13		loaded with slugs unless otherwise provided for by
14		administrative rule.
15		(m) It is unlawful to use any shotgun capable of holding
16		more than 3 shells in the magazine or chamber combined, except
17		on game breeding and hunting preserve areas licensed under
18		Section 3.27 and except as permitted by the Code of Federal
19		Regulations for the taking of waterfowl. If the shotgun is
20		capable of holding more than 3 shells, it shall, while being
21		used on an area other than a game breeding and shooting
22		preserve area licensed pursuant to Section 3.27, be fitted with
23		a one piece plug that is irremovable without dismantling the
24		shotgun or otherwise altered to render it incapable of holding
25		more than 3 shells in the magazine and chamber, combined.
26		(n) It is unlawful for any person, except persons who

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1		possess a permit to hunt from a vehicle as provided in this
2		Section and persons otherwise permitted by law, to have or
3		carry any gun in or on any vehicle, conveyance or aircraft,
4		unless such gun is unloaded and enclosed in a case, except that
5		at field trials authorized by Section 2.34 of this Act,
6		unloaded guns or guns loaded with blank cartridges only, may be
7		carried on horseback while not contained in a case, or to have
8		or carry any bow or arrow device in or on any vehicle unless
9		such bow or arrow device is unstrung or enclosed in a case, or
10		otherwise made inoperable.
11		(o) It is unlawful to use any crossbow for the purpose of
12		taking any wild birds or mammals, except as provided for in
13		Section 2.5.
14		(p) It is unlawful to take game birds, migratory game birds
15		or migratory waterfowl with a rifle, pistol, revolver or
16		airgun.
17		(q) It is unlawful to fire a rifle, pistol, revolver or
18		airgun on, over or into any waters of this State, including
19		frozen waters.
20		(r) It is unlawful to discharge any gun or bow and arrow
21		device along, upon, across, or from any public right-of-way or
22		highway in this State.
23		(s) It is unlawful to use a silencer or other device to
24		muffle or mute the sound of the explosion or report resulting
25		from the firing of any gun.
26		(t) It is unlawful for any person to take or attempt to

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1		take any species of wildlife or parts thereof, intentionally or
2		wantonly allow a dog to hunt, within or upon the land of
3		another, or upon waters flowing over or standing on the land of
4		another, or to knowingly shoot a gun or bow and arrow device at
5		any wildlife physically on or flying over the property of
6		another without first obtaining permission from the owner or
7		the owner's designee. For the purposes of this Section, the
8		owner's designee means anyone who the owner designates in a
9		written authorization and the authorization must contain (i)
10		the legal or common description of property for such authority
11		is given, (ii) the extent that the owner's designee is
12		authorized to make decisions regarding who is allowed to take
13		or attempt to take any species of wildlife or parts thereof,
14		and (iii) the owner's notarized signature. Before enforcing
15		this Section the law enforcement officer must have received
16		notice from the owner or the owner's designee of a violation of
17		this Section. Statements made to the law enforcement officer
18		regarding this notice shall not be rendered inadmissible by the
19		hearsay rule when offered for the purpose of showing the
20		required notice.
21		(u) It is unlawful for any person to discharge any firearm
22		for the purpose of taking any of the species protected by this
23		Act, or hunt with gun or dog, or intentionally or wantonly
24		allow a dog to hunt, within 300 yards of an inhabited dwelling
25		without first obtaining permission from the owner or tenant,
26		except that while trapping, hunting with bow and arrow, hunting

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1		with dog and shotgun using shot shells only, or hunting with
2		shotgun using shot shells only, or providing outfitting
3		services under a waterfowl outfitter permit, or on licensed
4		game breeding and hunting preserve areas, as defined in Section
5		3.27, on federally owned and managed lands and on Department
6		owned, managed, leased, or controlled lands, a 100 yard
7		restriction shall apply.
8		(v) It is unlawful for any person to remove fur-bearing
9		mammals from, or to move or disturb in any manner, the traps
10		owned by another person without written authorization of the
11		owner to do so.
12		(w) It is unlawful for any owner of a dog to knowingly or
13		wantonly allow his or her dog to pursue, harass or kill deer,
14		except that nothing in this Section shall prohibit the tracking
15		of wounded deer with a dog in accordance with the provisions of
16		Section 2.26 of this Code.
17		(x) It is unlawful for any person to wantonly or carelessly
18		injure or destroy, in any manner whatsoever, any real or
19		personal property on the land of another while engaged in
20		hunting or trapping thereon.
21		(y) It is unlawful to hunt wild game protected by this Act
22		between one half hour after sunset and one half hour before
23		sunrise, except that hunting hours between one half hour after
24		sunset and one half hour before sunrise may be established by
25		administrative rule for fur-bearing mammals.
26		(z) It is unlawful to take any game bird (excluding wild

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1		turkeys and crippled pheasants not capable of normal flight and
2		otherwise irretrievable) protected by this Act when not flying.
3		Nothing in this Section shall prohibit a person from carrying
4		an uncased, unloaded shotgun in a boat, while in pursuit of a
5		crippled migratory waterfowl that is incapable of normal
6		flight, for the purpose of attempting to reduce the migratory
7		waterfowl to possession, provided that the attempt is made
8		immediately upon downing the migratory waterfowl and is done
9		within 400 yards of the blind from which the migratory
10		waterfowl was downed. This exception shall apply only to
11		migratory game birds that are not capable of normal flight.
12		Migratory waterfowl that are crippled may be taken only with a
13		shotgun as regulated by subsection (j) of this Section using
14		shotgun shells as regulated in subsection (k) of this Section.
15		(aa) It is unlawful to use or possess any device that may
16		be used for tree climbing or cutting, while hunting fur-bearing
17		mammals, excluding coyotes.
18		(bb) It is unlawful for any person, except licensed game
19		breeders, pursuant to Section 2.29 to import, carry into, or
20		possess alive in this State any species of wildlife taken
21		outside of this State, without obtaining permission to do so
22		from the Director.
23		(cc) It is unlawful for any person to have in his or her
24		possession any freshly killed species protected by this Act
25		during the season closed for taking.
26		(dd) It is unlawful to take any species protected by this

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1		Act and retain it alive except as provided by administrative
2		rule.
3		(ee) It is unlawful to possess any rifle while in the field
4		during gun deer season except as provided in Section 2.26 and
5		administrative rules.
6		(ff) It is unlawful for any person to take any species
7		protected by this Act, except migratory waterfowl, during the
8		gun deer hunting season in those counties open to gun deer
9		hunting, unless he or she wears, when in the field, a cap and
10		upper outer garment of a solid blaze orange color, with such
11		articles of clothing displaying a minimum of 400 square inches
12		of blaze orange material.
13		(gg) It is unlawful during the upland game season for any
14		person to take upland game with a firearm unless he or she
15		wears, while in the field, a cap of solid blaze orange color.
16		For purposes of this Act, upland game is defined as Bobwhite
17		Quail, Hungarian Partridge, Ring-necked Pheasant, Eastern
18		Cottontail and Swamp Rabbit.
19		(hh) It shall be unlawful to kill or cripple any species
20		protected by this Act for which there is a bag limit without
21		making a reasonable effort to retrieve such species and include
22		such in the bag limit. It shall be unlawful for any person
23		having control over harvested game mammals, game birds, or
24		migratory game birds for which there is a bag limit to wantonly
25		waste or destroy the usable meat of the game, except this shall
26		not apply to wildlife taken under Sections 2.37 or 3.22 of this

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1		Code. For purposes of this subsection, "usable meat" means the
2		breast meat of a game bird or migratory game bird and the hind
3		ham and front shoulders of a game mammal. It shall be unlawful
4		for any person to place, leave, dump, or abandon a wildlife
5		carcass or parts of it along or upon a public right-of-way or
6		highway or on public or private property, including a waterway
7		or stream, without the permission of the owner or tenant. It
8		shall not be unlawful to discard game meat that is determined
9		to be unfit for human consumption.
10		(ii) This Section shall apply only to those species
11		protected by this Act taken within the State. Any species or
12		any parts thereof, legally taken in and transported from other
13		states or countries, may be possessed within the State, except
14		as provided in this Section and Sections 2.35, 2.36 and 3.21.
15		(jj) (Blank).
16		(kk) Nothing contained in this Section shall prohibit the
17		Director from issuing permits to paraplegics or to other
18		persons with disabilities disabled persons who meet the
19		requirements set forth in administrative rule to shoot or hunt
20		from a vehicle as provided by that rule, provided that such is
21		otherwise in accord with this Act.
22		(ll) Nothing contained in this Act shall prohibit the
23		taking of aquatic life protected by the Fish and Aquatic Life
24		Code or birds and mammals protected by this Act, except deer
25		and fur-bearing mammals, from a boat not camouflaged or
26		disguised to alter its identity or to further provide a place

HB4049 Engrossed - 1455 - LRB099 03667 KTG 23678 b
1		of concealment and not propelled by sail or mechanical power.
2		However, only shotguns not larger than 10 gauge nor smaller
3		than .410 bore loaded with not more than 3 shells of a shot
4		size no larger than lead BB or steel T (.20 diameter) may be
5		used to take species protected by this Act.
6		(mm) Nothing contained in this Act shall prohibit the use
7		of a shotgun, not larger than 10 gauge nor smaller than a 20
8		gauge, with a rifled barrel.
9		(nn) It shall be unlawful to possess any species of
10		wildlife or wildlife parts taken unlawfully in Illinois, any
11		other state, or any other country, whether or not the wildlife
12		or wildlife parts is indigenous to Illinois. For the purposes
13		of this subsection, the statute of limitations for unlawful
14		possession of wildlife or wildlife parts shall not cease until
15		2 years after the possession has permanently ended.
16		(Source: P.A. 97-645, eff. 12-30-11; 97-907, eff. 8-7-12;
17		98-119, eff. 1-1-14; 98-181, eff. 8-5-13; 98-183, eff. 1-1-14;
18		98-290, eff. 8-9-13; 98-756, eff. 7-16-14; 98-914, eff.
19		1-1-15.)
20		(520 ILCS 5/3.1) (from Ch. 61, par. 3.1)
21		Sec. 3.1. License and stamps required.
22		(a) Before any person shall take or attempt to take any of
23		the species protected by Section 2.2 for which an open season
24		is established under this Act, he shall first have procured and
25		possess a valid hunting license, except as provided in Section

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1		3.1-5 of this Code.
2		Before any person 16 years of age or older shall take or
3		attempt to take any bird of the species defined as migratory
4		waterfowl by Section 2.2, including coots, he shall first have
5		procured a State Migratory Waterfowl Stamp.
6		Before any person 16 years of age or older takes, attempts
7		to take, or pursues any species of wildlife protected by this
8		Code, except migratory waterfowl, coots, and hand-reared birds
9		on licensed game breeding and hunting preserve areas and state
10		controlled pheasant hunting areas, he or she shall first obtain
11		a State Habitat Stamp. Veterans with disabilities Disabled
12		veterans and former prisoners of war shall not be required to
13		obtain State Habitat Stamps. Any person who obtained a lifetime
14		license before January 1, 1993, shall not be required to obtain
15		State Habitat Stamps. Income from the sale of State Furbearer
16		Stamps and State Pheasant Stamps received after the effective
17		date of this amendatory Act of 1992 shall be deposited into the
18		State Furbearer Fund and State Pheasant Fund, respectively.
19		Before any person 16 years of age or older shall take,
20		attempt to take, or sell the green hide of any mammal of the
21		species defined as fur-bearing mammals by Section 2.2 for which
22		an open season is established under this Act, he shall first
23		have procured a State Habitat Stamp.
24		(b) Before any person who is a non-resident of the State of
25		Illinois shall take or attempt to take any of the species
26		protected by Section 2.2 for which an open season is

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1		established under this Act, he shall, unless specifically
2		exempted by law, first procure a non-resident license as
3		provided by this Act for the taking of any wild game.
4		Before a nonresident shall take or attempt to take
5		white-tailed deer, he shall first have procured a Deer Hunting
6		Permit as defined in Section 2.26 of this Code.
7		Before a nonresident shall take or attempt to take wild
8		turkeys, he shall have procured a Wild Turkey Hunting Permit as
9		defined in Section 2.11 of this Code.
10		(c) The owners residing on, or bona fide tenants of, farm
11		lands and their children, parents, brothers, and sisters
12		actually permanently residing on their lands shall have the
13		right to hunt any of the species protected by Section 2.2 upon
14		their lands and waters without procuring hunting licenses; but
15		the hunting shall be done only during periods of time and with
16		devices and by methods as are permitted by this Act. Any person
17		on active duty with the Armed Forces of the United States who
18		is now and who was at the time of entering the Armed Forces a
19		resident of Illinois and who entered the Armed Forces from this
20		State, and who is presently on ordinary or emergency leave from
21		the Armed Forces, and any resident of Illinois who has a
22		disability is disabled may hunt any of the species protected by
23		Section 2.2 without procuring a hunting license, but the
24		hunting shall be done only during such periods of time and with
25		devices and by methods as are permitted by this Act. For the
26		purpose of this Section a person is a person with a disability

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1		disabled when that person has a Type 1 or Type 4, Class 2
2		disability as defined in Section 4A of the Illinois
3		Identification Card Act. For purposes of this Section, an
4		Illinois Person with a Disability Identification Card issued
5		pursuant to the Illinois Identification Card Act indicating
6		that the person named has a Type 1 or Type 4, Class 2
7		disability shall be adequate documentation of the disability.
8		(d) A courtesy non-resident license, permit, or stamp for
9		taking game may be issued at the discretion of the Director,
10		without fee, to any person officially employed in the game and
11		fish or conservation department of another state or of the
12		United States who is within the State to assist or consult or
13		cooperate with the Director; or to the officials of other
14		states, the United States, foreign countries, or officers or
15		representatives of conservation organizations or publications
16		while in the State as guests of the Governor or Director. The
17		Director may provide to nonresident participants and official
18		gunners at field trials an exemption from licensure while
19		participating in a field trial.
20		(e) State Migratory Waterfowl Stamps shall be required for
21		those persons qualifying under subsections (c) and (d) who
22		intend to hunt migratory waterfowl, including coots, to the
23		extent that hunting licenses of the various types are
24		authorized and required by this Section for those persons.
25		(f) Registration in the U.S. Fish and Wildlife Migratory
26		Bird Harvest Information Program shall be required for those

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1		persons who are required to have a hunting license before
2		taking or attempting to take any bird of the species defined as
3		migratory game birds by Section 2.2, except that this
4		subsection shall not apply to crows in this State or
5		hand-reared birds on licensed game breeding and hunting
6		preserve areas, for which an open season is established by this
7		Act. Persons registering with the Program must carry proof of
8		registration with them while migratory bird hunting.
9		The Department shall publish suitable prescribed
10		regulations pertaining to registration by the migratory bird
11		hunter in the U.S. Fish and Wildlife Service Migratory Bird
12		Harvest Information Program.
13		(Source: P.A. 96-1226, eff. 1-1-11; 97-1064, eff. 1-1-13.)
14		Section 865. The Illinois Vehicle Code is amended by
15		changing Sections 3-609, 3-611, 3-616, 3-623, 3-626, 3-667,
16		3-683, 3-806.3, 6-205, 6-206, 11-208, 11-209, 11-501.7,
17		11-1301.1, 11-1301.2, 11-1301.3, 11-1301.4, 11-1301.5,
18		11-1301.6, 11-1301.7, and 12-401 as follows:
19		(625 ILCS 5/3-609) (from Ch. 95 1/2, par. 3-609)
20		Sec. 3-609. Plates for Veterans with Disabilities Disabled
21		Veterans' Plates.
22		(a) Any veteran who holds proof of a service-connected
23		disability from the United States Department of Veterans
24		Affairs, and who has obtained certification from a licensed

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1		physician, physician assistant, or advanced practice nurse
2		that the service-connected disability qualifies the veteran
3		for issuance of registration plates or decals to a person with
4		disabilities in accordance with Section 3-616, may, without the
5		payment of any registration fee, make application to the
6		Secretary of State for license plates for veterans with
7		disabilities disabled veterans license plates displaying the
8		international symbol of access, for the registration of one
9		motor vehicle of the first division or one motor vehicle of the
10		second division weighing not more than 8,000 pounds.
11		(b) Any veteran who holds proof of a service-connected
12		disability from the United States Department of Veterans
13		Affairs, and whose degree of disability has been declared to be
14		50% or more, but whose disability does not qualify the veteran
15		for a plate or decal for persons with disabilities under
16		Section 3-616, may, without the payment of any registration
17		fee, make application to the Secretary for a special
18		registration plate without the international symbol of access
19		for the registration of one motor vehicle of the first division
20		or one motor vehicle of the second division weighing not more
21		than 8,000 pounds.
22		(c) Renewal of such registration must be accompanied with
23		documentation for eligibility of registration without fee
24		unless the applicant has a permanent qualifying disability, and
25		such registration plates may not be issued to any person not
26		eligible therefor. The Illinois Department of Veterans'

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1		Affairs may assist in providing the documentation of
2		disability.
3		(d) The design and color of the plates shall be within the
4		discretion of the Secretary, except that the plates issued
5		under subsection (b) of this Section shall not contain the
6		international symbol of access. The Secretary may, in his or
7		her discretion, allow the plates to be issued as vanity or
8		personalized plates in accordance with Section 3-405.1 of this
9		Code. Registration shall be for a multi-year period and may be
10		issued staggered registration.
11		(e) Any person eligible to receive license plates under
12		this Section who has been approved for benefits under the
13		Senior Citizens and Persons with Disabilities Disabled Persons
14		Property Tax Relief Act, or who has claimed and received a
15		grant under that Act, shall pay a fee of $24 instead of the fee
16		otherwise provided in this Code for passenger cars displaying
17		standard multi-year registration plates issued under Section
18		3-414.1, for motor vehicles registered at 8,000 pounds or less
19		under Section 3-815(a), or for recreational vehicles
20		registered at 8,000 pounds or less under Section 3-815(b), for
21		a second set of plates under this Section.
22		(Source: P.A. 97-689, eff. 6-14-12; 97-918, eff. 1-1-13;
23		98-463, eff. 8-16-13.)
24		(625 ILCS 5/3-611) (from Ch. 95 1/2, par. 3-611)
25		Sec. 3-611. Special designations. The Secretary of State,

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1		in his discretion, may make special designations of certain
2		designs or combinations of designs, or alphabetical letters or
3		combination of letters, or colors or combination of colors
4		pertaining to registration plates issued to vehicles owned by
5		governmental agencies, vehicles owned and registered by State
6		and federal elected officials, retired Illinois Supreme Court
7		justices, and appointed federal cabinet officials, vehicles
8		operated by taxi or livery businesses, operated in connection
9		with mileage weight registrations, or operated by a dealer,
10		transporter, or manufacturer as the Secretary of State may deem
11		necessary for the proper administration of this Act. In the
12		case of registration plates issued for vehicles operated by or
13		for persons with disabilities, as defined by Section 1-159.1,
14		under Section 3-616 of this Act, the Secretary of State, upon
15		request, shall make such special designations so that
16		automobiles bearing such plates are easily recognizable thru
17		use of the international accessibility symbol as automobiles
18		driven by or for such persons. In the case of registration
19		plates issued for vehicles operated by a person with a
20		disability disabled person with a type four hearing disability,
21		as defined pursuant to Section 4A of The Illinois
22		Identification Card Act, the Secretary of State, upon request,
23		shall make such special designations so that a motor vehicle
24		bearing such plate is easily recognizable by a special symbol
25		indicating that such vehicle is driven by a person with a
26		hearing disability. Registration plates issued to a person who

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1		is deaf or hard of hearing under this Section shall not entitle
2		a motor vehicle bearing such plates to those parking privileges
3		established for persons with disabilities under this Code. In
4		the case of registration plates issued for State owned
5		vehicles, they shall be manufactured in compliance with Section
6		2 of "An Act relating to identification and use of motor
7		vehicles of the State, approved August 9, 1951, as amended". In
8		the case of plates issued for State officials, such plates may
9		be issued for a 2 year period beginning January 1st of each
10		odd-numbered year and ending December 31st of the subsequent
11		even-numbered year.
12		(Source: P.A. 87-829; 87-832; 87-1249; 88-685, eff. 1-24-95.)
13		(625 ILCS 5/3-616) (from Ch. 95 1/2, par. 3-616)
14		Sec. 3-616. Disability license plates.
15		(a) Upon receiving an application for a certificate of
16		registration for a motor vehicle of the first division or for a
17		motor vehicle of the second division weighing no more than
18		8,000 pounds, accompanied with payment of the registration fees
19		required under this Code from a person with disabilities or a
20		person who is deaf or hard of hearing, the Secretary of State,
21		if so requested, shall issue to such person registration plates
22		as provided for in Section 3-611, provided that the person with
23		disabilities or person who is deaf or hard of hearing must not
24		be disqualified from obtaining a driver's license under
25		subsection 8 of Section 6-103 of this Code, and further

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1		provided that any person making such a request must submit a
2		statement, certified by a licensed physician, by a physician
3		assistant who has been delegated the authority to make this
4		certification by his or her supervising physician, or by an
5		advanced practice nurse who has a written collaborative
6		agreement with a collaborating physician that authorizes the
7		advanced practice nurse to make this certification, to the
8		effect that such person is a person with disabilities as
9		defined by Section 1-159.1 of this Code, or alternatively
10		provide adequate documentation that such person has a Class 1A,
11		Class 2A or Type Four disability under the provisions of
12		Section 4A of the Illinois Identification Card Act. For
13		purposes of this Section, an Illinois Person with a Disability
14		Identification Card issued pursuant to the Illinois
15		Identification Card Act indicating that the person thereon
16		named has a disability shall be adequate documentation of such
17		a disability.
18		(b) The Secretary shall issue plates under this Section to
19		a parent or legal guardian of a person with disabilities if the
20		person with disabilities has a Class 1A or Class 2A disability
21		as defined in Section 4A of the Illinois Identification Card
22		Act or is a person with disabilities as defined by Section
23		1-159.1 of this Code, and does not possess a vehicle registered
24		in his or her name, provided that the person with disabilities
25		relies frequently on the parent or legal guardian for
26		transportation. Only one vehicle per family may be registered

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1		under this subsection, unless the applicant can justify in
2		writing the need for one additional set of plates. Any person
3		requesting special plates under this subsection shall submit
4		such documentation or such physician's, physician assistant's,
5		or advanced practice nurse's statement as is required in
6		subsection (a) and a statement describing the circumstances
7		qualifying for issuance of special plates under this
8		subsection. An optometrist may certify a Class 2A Visual
9		Disability, as defined in Section 4A of the Illinois
10		Identification Card Act, for the purpose of qualifying a person
11		with disabilities for special plates under this subsection.
12		(c) The Secretary may issue a parking decal or device to a
13		person with disabilities as defined by Section 1-159.1 without
14		regard to qualification of such person with disabilities for a
15		driver's license or registration of a vehicle by such person
16		with disabilities or such person's immediate family, provided
17		such person with disabilities making such a request has been
18		issued an Illinois Person with a Disability Identification Card
19		indicating that the person named thereon has a Class 1A or
20		Class 2A disability, or alternatively, submits a statement
21		certified by a licensed physician, or by a physician assistant
22		or an advanced practice nurse as provided in subsection (a), to
23		the effect that such person is a person with disabilities as
24		defined by Section 1-159.1. An optometrist may certify a Class
25		2A Visual Disability as defined in Section 4A of the Illinois
26		Identification Card Act for the purpose of qualifying a person

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1		with disabilities for a parking decal or device under this
2		subsection.
3		(d) The Secretary shall prescribe by rules and regulations
4		procedures to certify or re-certify as necessary the
5		eligibility of persons whose disabilities are other than
6		permanent for special plates or parking decals or devices
7		issued under subsections (a), (b) and (c). Except as provided
8		under subsection (f) of this Section, no such special plates,
9		decals or devices shall be issued by the Secretary of State to
10		or on behalf of any person with disabilities unless such person
11		is certified as meeting the definition of a person with
12		disabilities pursuant to Section 1-159.1 or meeting the
13		requirement of a Type Four disability as provided under Section
14		4A of the Illinois Identification Card Act for the period of
15		time that the physician, or the physician assistant or advanced
16		practice nurse as provided in subsection (a), determines the
17		applicant will have the disability, but not to exceed 6 months
18		from the date of certification or recertification.
19		(e) Any person requesting special plates under this Section
20		may also apply to have the special plates personalized, as
21		provided under Section 3-405.1.
22		(f) The Secretary of State, upon application, shall issue
23		disability registration plates or a parking decal to
24		corporations, school districts, State or municipal agencies,
25		limited liability companies, nursing homes, convalescent
26		homes, or special education cooperatives which will transport

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1		persons with disabilities. The Secretary shall prescribe by
2		rule a means to certify or re-certify the eligibility of
3		organizations to receive disability plates or decals and to
4		designate which of the 2 person with disabilities emblems shall
5		be placed on qualifying vehicles.
6		(g) The Secretary of State, or his designee, may enter into
7		agreements with other jurisdictions, including foreign
8		jurisdictions, on behalf of this State relating to the
9		extension of parking privileges by such jurisdictions to
10		permanently disabled residents of this State with disabilities
11		who display a special license plate or parking device that
12		contains the International symbol of access on his or her motor
13		vehicle, and to recognize such plates or devices issued by such
14		other jurisdictions. This State shall grant the same parking
15		privileges which are granted to disabled residents of this
16		State with disabilities to any non-resident whose motor vehicle
17		is licensed in another state, district, territory or foreign
18		country if such vehicle displays the international symbol of
19		access or a distinguishing insignia on license plates or
20		parking device issued in accordance with the laws of the
21		non-resident's state, district, territory or foreign country.
22		(Source: P.A. 97-1064, eff. 1-1-13.)
23		(625 ILCS 5/3-623) (from Ch. 95 1/2, par. 3-623)
24		Sec. 3-623. Purple Heart Plates.
25		(a) The Secretary, upon receipt of an application made in

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1		the form prescribed by the Secretary of State, may issue to
2		recipients awarded the Purple Heart by a branch of the armed
3		forces of the United States who reside in Illinois, special
4		registration plates. The Secretary, upon receipt of the proper
5		application, may also issue these special registration plates
6		to an Illinois resident who is the surviving spouse of a person
7		who was awarded the Purple Heart by a branch of the armed
8		forces of the United States. The special plates issued pursuant
9		to this Section should be affixed only to passenger vehicles of
10		the 1st division, including motorcycles, or motor vehicles of
11		the 2nd division weighing not more than 8,000 pounds. The
12		Secretary may, in his or her discretion, allow the plates to be
13		issued as vanity or personalized plates in accordance with
14		Section 3-405.1 of this Code. The Secretary of State must make
15		a version of the special registration plates authorized under
16		this Section in a form appropriate for motorcycles.
17		(b) The design and color of such plates shall be wholly
18		within the discretion of the Secretary of State. Appropriate
19		documentation, as determined by the Secretary, and the
20		appropriate registration fee shall accompany the application,
21		except:
22		(1) a person eligible to be issued Purple Heart plates
23		may display the plates on one vehicle without the payment
24		of any registration or registration renewal fee; and
25		(2) for an individual who has been issued Purple Heart
26		plates for an additional vehicle and who has been approved

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1		for benefits under the Senior Citizens and Persons with
2		Disabilities Disabled Persons Property Tax Relief Act, the
3		annual fee for the registration of the vehicle shall be as
4		provided in Section 3-806.3 of this Code.
5		(Source: P.A. 97-689, eff. 6-14-12; 98-902, eff. 1-1-15.)
6		(625 ILCS 5/3-626)
7		Sec. 3-626. Korean War Veteran license plates.
8		(a) In addition to any other special license plate, the
9		Secretary, upon receipt of all applicable fees and applications
10		made in the form prescribed by the Secretary of State, may
11		issue special registration plates designated as Korean War
12		Veteran license plates to residents of Illinois who
13		participated in the United States Armed Forces during the
14		Korean War. The special plate issued under this Section shall
15		be affixed only to passenger vehicles of the first division,
16		motorcycles, motor vehicles of the second division weighing not
17		more than 8,000 pounds, and recreational vehicles as defined by
18		Section 1-169 of this Code. Plates issued under this Section
19		shall expire according to the staggered multi-year procedure
20		established by Section 3-414.1 of this Code.
21		(b) The design, color, and format of the plates shall be
22		wholly within the discretion of the Secretary of State. The
23		Secretary may, in his or her discretion, allow the plates to be
24		issued as vanity plates or personalized in accordance with
25		Section 3-405.1 of this Code. The plates are not required to

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1		designate "Land Of Lincoln", as prescribed in subsection (b) of
2		Section 3-412 of this Code. The Secretary shall prescribe the
3		eligibility requirements and, in his or her discretion, shall
4		approve and prescribe stickers or decals as provided under
5		Section 3-412.
6		(c) (Blank).
7		(d) The Korean War Memorial Construction Fund is created as
8		a special fund in the State treasury. All moneys in the Korean
9		War Memorial Construction Fund shall, subject to
10		appropriation, be used by the Department of Veteran Affairs to
11		provide grants for construction of the Korean War Memorial to
12		be located at Oak Ridge Cemetery in Springfield, Illinois. Upon
13		the completion of the Memorial, the Department of Veteran
14		Affairs shall certify to the State Treasurer that the
15		construction of the Memorial has been completed. Upon the
16		certification by the Department of Veteran Affairs, the State
17		Treasurer shall transfer all moneys in the Fund and any future
18		deposits into the Fund into the Secretary of State Special
19		License Plate Fund.
20		(e) An individual who has been issued Korean War Veteran
21		license plates for a vehicle and who has been approved for
22		benefits under the Senior Citizens and Persons with
23		Disabilities Disabled Persons Property Tax Relief Act shall pay
24		the original issuance and the regular annual fee for the
25		registration of the vehicle as provided in Section 3-806.3 of
26		this Code in addition to the fees specified in subsection (c)

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1		of this Section.
2		(Source: P.A. 96-1409, eff. 1-1-11; 97-689, eff. 6-14-12.)
3		(625 ILCS 5/3-667)
4		Sec. 3-667. Korean Service license plates.
5		(a) In addition to any other special license plate, the
6		Secretary, upon receipt of all applicable fees and applications
7		made in the form prescribed by the Secretary of State, may
8		issue special registration plates designated as Korean Service
9		license plates to residents of Illinois who, on or after July
10		27, 1954, participated in the United States Armed Forces in
11		Korea. The special plate issued under this Section shall be
12		affixed only to passenger vehicles of the first division,
13		motorcycles, motor vehicles of the second division weighing not
14		more than 8,000 pounds, and recreational vehicles as defined by
15		Section 1-169 of this Code. Plates issued under this Section
16		shall expire according to the staggered multi-year procedure
17		established by Section 3-414.1 of this Code.
18		(b) The design, color, and format of the plates shall be
19		wholly within the discretion of the Secretary of State. The
20		Secretary may, in his or her discretion, allow the plates to be
21		issued as vanity or personalized plates in accordance with
22		Section 3-405.1 of this Code. The plates are not required to
23		designate "Land of Lincoln", as prescribed in subsection (b) of
24		Section 3-412 of this Code. The Secretary shall prescribe the
25		eligibility requirements and, in his or her discretion, shall

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1		approve and prescribe stickers or decals as provided under
2		Section 3-412.
3		(c) An applicant shall be charged a $2 fee for original
4		issuance in addition to the applicable registration fee. This
5		additional fee shall be deposited into the Korean War Memorial
6		Construction Fund a special fund in the State treasury.
7		(d) An individual who has been issued Korean Service
8		license plates for a vehicle and who has been approved for
9		benefits under the Senior Citizens and Persons with
10		Disabilities Disabled Persons Property Tax Relief Act shall pay
11		the original issuance and the regular annual fee for the
12		registration of the vehicle as provided in Section 3-806.3 of
13		this Code in addition to the fees specified in subsection (c)
14		of this Section.
15		(Source: P.A. 97-306, eff. 1-1-12; 97-689, eff. 6-14-12.)
16		(625 ILCS 5/3-683)
17		Sec. 3-683. Distinguished Service Cross license plates.
18		The Secretary, upon receipt of an application made in the form
19		prescribed by the Secretary of State, shall issue special
20		registration plates to any Illinois resident who has been
21		awarded the Distinguished Service Cross by a branch of the
22		armed forces of the United States. The Secretary, upon receipt
23		of the proper application, shall also issue these special
24		registration plates to an Illinois resident who is the
25		surviving spouse of a person who was awarded the Distinguished

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1		Service Cross by a branch of the armed forces of the United
2		States. The special plates issued under this Section should be
3		affixed only to passenger vehicles of the first division,
4		including motorcycles, or motor vehicles of the second division
5		weighing not more than 8,000 pounds.
6		The design and color of the plates shall be wholly within
7		the discretion of the Secretary of State. Appropriate
8		documentation, as determined by the Secretary, and the
9		appropriate registration fee shall accompany the application.
10		However, for an individual who has been issued Distinguished
11		Service Cross plates for a vehicle and who has been approved
12		for benefits under the Senior Citizens and Persons with
13		Disabilities Disabled Persons Property Tax Relief Act, the
14		annual fee for the registration of the vehicle shall be as
15		provided in Section 3-806.3 of this Code.
16		(Source: P.A. 96-328, eff. 8-11-09; 97-689, eff. 6-14-12.)
17		(625 ILCS 5/3-806.3) (from Ch. 95 1/2, par. 3-806.3)
18		Sec. 3-806.3. Senior Citizens. Commencing with the 2009
19		registration year, the registration fee paid by any vehicle
20		owner who has been approved for benefits under the Senior
21		Citizens and Persons with Disabilities Disabled Persons
22		Property Tax Relief Act or who is the spouse of such a person
23		shall be $24 instead of the fee otherwise provided in this Code
24		for passenger cars displaying standard multi-year registration
25		plates issued under Section 3-414.1, motor vehicles displaying

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1		special registration plates issued under Section 3-609, 3-616,
2		3-621, 3-622, 3-623, 3-624, 3-625, 3-626, 3-628, 3-638, 3-642,
3		3-645, 3-647, 3-650, 3-651, or 3-663, motor vehicles registered
4		at 8,000 pounds or less under Section 3-815(a), and
5		recreational vehicles registered at 8,000 pounds or less under
6		Section 3-815(b). Widows and widowers of claimants shall also
7		be entitled to this reduced registration fee for the
8		registration year in which the claimant was eligible.
9		Commencing with the 2009 registration year, the
10		registration fee paid by any vehicle owner who has claimed and
11		received a grant under the Senior Citizens and Persons with
12		Disabilities Disabled Persons Property Tax Relief Act or who is
13		the spouse of such a person shall be $24 instead of the fee
14		otherwise provided in this Code for passenger cars displaying
15		standard multi-year registration plates issued under Section
16		3-414.1, motor vehicles displaying special registration plates
17		issued under Section 3-607, 3-609, 3-616, 3-621, 3-622, 3-623,
18		3-624, 3-625, 3-626, 3-628, 3-638, 3-642, 3-645, 3-647, 3-650,
19		3-651, 3-663, or 3-664, motor vehicles registered at 8,000
20		pounds or less under Section 3-815(a), and recreational
21		vehicles registered at 8,000 pounds or less under Section
22		3-815(b). Widows and widowers of claimants shall also be
23		entitled to this reduced registration fee for the registration
24		year in which the claimant was eligible.
25		No more than one reduced registration fee under this
26		Section shall be allowed during any 12 month period based on

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1		the primary eligibility of any individual, whether such reduced
2		registration fee is allowed to the individual or to the spouse,
3		widow or widower of such individual. This Section does not
4		apply to the fee paid in addition to the registration fee for
5		motor vehicles displaying vanity or special license plates.
6		(Source: P.A. 96-554, eff. 1-1-10; 97-689, eff. 6-14-12.)
7		(625 ILCS 5/6-205)
8		Sec. 6-205. Mandatory revocation of license or permit;
9		Hardship cases.
10		(a) Except as provided in this Section, the Secretary of
11		State shall immediately revoke the license, permit, or driving
12		privileges of any driver upon receiving a report of the
13		driver's conviction of any of the following offenses:
14		1. Reckless homicide resulting from the operation of a
15		motor vehicle;
16		2. Violation of Section 11-501 of this Code or a
17		similar provision of a local ordinance relating to the
18		offense of operating or being in physical control of a
19		vehicle while under the influence of alcohol, other drug or
20		drugs, intoxicating compound or compounds, or any
21		combination thereof;
22		3. Any felony under the laws of any State or the
23		federal government in the commission of which a motor
24		vehicle was used;
25		4. Violation of Section 11-401 of this Code relating to

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1		the offense of leaving the scene of a traffic accident
2		involving death or personal injury;
3		5. Perjury or the making of a false affidavit or
4		statement under oath to the Secretary of State under this
5		Code or under any other law relating to the ownership or
6		operation of motor vehicles;
7		6. Conviction upon 3 charges of violation of Section
8		11-503 of this Code relating to the offense of reckless
9		driving committed within a period of 12 months;
10		7. Conviction of any offense defined in Section 4-102
11		of this Code;
12		8. Violation of Section 11-504 of this Code relating to
13		the offense of drag racing;
14		9. Violation of Chapters 8 and 9 of this Code;
15		10. Violation of Section 12-5 of the Criminal Code of
16		1961 or the Criminal Code of 2012 arising from the use of a
17		motor vehicle;
18		11. Violation of Section 11-204.1 of this Code relating
19		to aggravated fleeing or attempting to elude a peace
20		officer;
21		12. Violation of paragraph (1) of subsection (b) of
22		Section 6-507, or a similar law of any other state,
23		relating to the unlawful operation of a commercial motor
24		vehicle;
25		13. Violation of paragraph (a) of Section 11-502 of
26		this Code or a similar provision of a local ordinance if

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1		the driver has been previously convicted of a violation of
2		that Section or a similar provision of a local ordinance
3		and the driver was less than 21 years of age at the time of
4		the offense;
5		14. Violation of paragraph (a) of Section 11-506 of
6		this Code or a similar provision of a local ordinance
7		relating to the offense of street racing;
8		15. A second or subsequent conviction of driving while
9		the person's driver's license, permit or privileges was
10		revoked for reckless homicide or a similar out-of-state
11		offense;
12		16. Any offense against any provision in this Code, or
13		any local ordinance, regulating the movement of traffic
14		when that offense was the proximate cause of the death of
15		any person. Any person whose driving privileges have been
16		revoked pursuant to this paragraph may seek to have the
17		revocation terminated or to have the length of revocation
18		reduced by requesting an administrative hearing with the
19		Secretary of State prior to the projected driver's license
20		application eligibility date;
21		17. Violation of subsection (a-2) of Section 11-1301.3
22		of this Code or a similar provision of a local ordinance;
23		18. A second or subsequent conviction of illegal
24		possession, while operating or in actual physical control,
25		as a driver, of a motor vehicle, of any controlled
26		substance prohibited under the Illinois Controlled

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1		Substances Act, any cannabis prohibited under the Cannabis
2		Control Act, or any methamphetamine prohibited under the
3		Methamphetamine Control and Community Protection Act. A
4		defendant found guilty of this offense while operating a
5		motor vehicle shall have an entry made in the court record
6		by the presiding judge that this offense did occur while
7		the defendant was operating a motor vehicle and order the
8		clerk of the court to report the violation to the Secretary
9		of State.
10		(b) The Secretary of State shall also immediately revoke
11		the license or permit of any driver in the following
12		situations:
13		1. Of any minor upon receiving the notice provided for
14		in Section 5-901 of the Juvenile Court Act of 1987 that the
15		minor has been adjudicated under that Act as having
16		committed an offense relating to motor vehicles prescribed
17		in Section 4-103 of this Code;
18		2. Of any person when any other law of this State
19		requires either the revocation or suspension of a license
20		or permit;
21		3. Of any person adjudicated under the Juvenile Court
22		Act of 1987 based on an offense determined to have been
23		committed in furtherance of the criminal activities of an
24		organized gang as provided in Section 5-710 of that Act,
25		and that involved the operation or use of a motor vehicle
26		or the use of a driver's license or permit. The revocation

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1		shall remain in effect for the period determined by the
2		court. Upon the direction of the court, the Secretary shall
3		issue the person a judicial driving permit, also known as a
4		JDP. The JDP shall be subject to the same terms as a JDP
5		issued under Section 6-206.1, except that the court may
6		direct that a JDP issued under this subdivision (b)(3) be
7		effective immediately.
8		(c)(1) Whenever a person is convicted of any of the
9		offenses enumerated in this Section, the court may recommend
10		and the Secretary of State in his discretion, without regard to
11		whether the recommendation is made by the court may, upon
12		application, issue to the person a restricted driving permit
13		granting the privilege of driving a motor vehicle between the
14		petitioner's residence and petitioner's place of employment or
15		within the scope of the petitioner's employment related duties,
16		or to allow the petitioner to transport himself or herself or a
17		family member of the petitioner's household to a medical
18		facility for the receipt of necessary medical care or to allow
19		the petitioner to transport himself or herself to and from
20		alcohol or drug remedial or rehabilitative activity
21		recommended by a licensed service provider, or to allow the
22		petitioner to transport himself or herself or a family member
23		of the petitioner's household to classes, as a student, at an
24		accredited educational institution, or to allow the petitioner
25		to transport children, elderly persons, or persons with
26		disabilities disabled persons who do not hold driving

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1		privileges and are living in the petitioner's household to and
2		from daycare; if the petitioner is able to demonstrate that no
3		alternative means of transportation is reasonably available
4		and that the petitioner will not endanger the public safety or
5		welfare; provided that the Secretary's discretion shall be
6		limited to cases where undue hardship, as defined by the rules
7		of the Secretary of State, would result from a failure to issue
8		the restricted driving permit. Those multiple offenders
9		identified in subdivision (b)4 of Section 6-208 of this Code,
10		however, shall not be eligible for the issuance of a restricted
11		driving permit.
12		(2) If a person's license or permit is revoked or
13		suspended due to 2 or more convictions of violating Section
14		11-501 of this Code or a similar provision of a local
15		ordinance or a similar out-of-state offense, or Section 9-3
16		of the Criminal Code of 1961 or the Criminal Code of 2012,
17		where the use of alcohol or other drugs is recited as an
18		element of the offense, or a similar out-of-state offense,
19		or a combination of these offenses, arising out of separate
20		occurrences, that person, if issued a restricted driving
21		permit, may not operate a vehicle unless it has been
22		equipped with an ignition interlock device as defined in
23		Section 1-129.1.
24		(3) If:
25		(A) a person's license or permit is revoked or
26		suspended 2 or more times within a 10 year period due

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1		to any combination of:
2		(i) a single conviction of violating Section
3		11-501 of this Code or a similar provision of a
4		local ordinance or a similar out-of-state offense,
5		or Section 9-3 of the Criminal Code of 1961 or the
6		Criminal Code of 2012, where the use of alcohol or
7		other drugs is recited as an element of the
8		offense, or a similar out-of-state offense; or
9		(ii) a statutory summary suspension or
10		revocation under Section 11-501.1; or
11		(iii) a suspension pursuant to Section
12		6-203.1;
13		arising out of separate occurrences; or
14		(B) a person has been convicted of one violation of
15		Section 6-303 of this Code committed while his or her
16		driver's license, permit, or privilege was revoked
17		because of a violation of Section 9-3 of the Criminal
18		Code of 1961 or the Criminal Code of 2012, relating to
19		the offense of reckless homicide where the use of
20		alcohol or other drugs was recited as an element of the
21		offense, or a similar provision of a law of another
22		state;
23		that person, if issued a restricted driving permit, may not
24		operate a vehicle unless it has been equipped with an
25		ignition interlock device as defined in Section 1-129.1.
26		(4) The person issued a permit conditioned on the use

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1		of an ignition interlock device must pay to the Secretary
2		of State DUI Administration Fund an amount not to exceed
3		$30 per month. The Secretary shall establish by rule the
4		amount and the procedures, terms, and conditions relating
5		to these fees.
6		(5) If the restricted driving permit is issued for
7		employment purposes, then the prohibition against
8		operating a motor vehicle that is not equipped with an
9		ignition interlock device does not apply to the operation
10		of an occupational vehicle owned or leased by that person's
11		employer when used solely for employment purposes.
12		(6) In each case the Secretary of State may issue a
13		restricted driving permit for a period he deems
14		appropriate, except that the permit shall expire within one
15		year from the date of issuance. The Secretary may not,
16		however, issue a restricted driving permit to any person
17		whose current revocation is the result of a second or
18		subsequent conviction for a violation of Section 11-501 of
19		this Code or a similar provision of a local ordinance or
20		any similar out-of-state offense, or Section 9-3 of the
21		Criminal Code of 1961 or the Criminal Code of 2012, where
22		the use of alcohol or other drugs is recited as an element
23		of the offense, or any similar out-of-state offense, or any
24		combination of these offenses, until the expiration of at
25		least one year from the date of the revocation. A
26		restricted driving permit issued under this Section shall

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1		be subject to cancellation, revocation, and suspension by
2		the Secretary of State in like manner and for like cause as
3		a driver's license issued under this Code may be cancelled,
4		revoked, or suspended; except that a conviction upon one or
5		more offenses against laws or ordinances regulating the
6		movement of traffic shall be deemed sufficient cause for
7		the revocation, suspension, or cancellation of a
8		restricted driving permit. The Secretary of State may, as a
9		condition to the issuance of a restricted driving permit,
10		require the petitioner to participate in a designated
11		driver remedial or rehabilitative program. The Secretary
12		of State is authorized to cancel a restricted driving
13		permit if the permit holder does not successfully complete
14		the program. However, if an individual's driving
15		privileges have been revoked in accordance with paragraph
16		13 of subsection (a) of this Section, no restricted driving
17		permit shall be issued until the individual has served 6
18		months of the revocation period.
19		(c-5) (Blank).
20		(c-6) If a person is convicted of a second violation of
21		operating a motor vehicle while the person's driver's license,
22		permit or privilege was revoked, where the revocation was for a
23		violation of Section 9-3 of the Criminal Code of 1961 or the
24		Criminal Code of 2012 relating to the offense of reckless
25		homicide or a similar out-of-state offense, the person's
26		driving privileges shall be revoked pursuant to subdivision

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1		(a)(15) of this Section. The person may not make application
2		for a license or permit until the expiration of five years from
3		the effective date of the revocation or the expiration of five
4		years from the date of release from a term of imprisonment,
5		whichever is later.
6		(c-7) If a person is convicted of a third or subsequent
7		violation of operating a motor vehicle while the person's
8		driver's license, permit or privilege was revoked, where the
9		revocation was for a violation of Section 9-3 of the Criminal
10		Code of 1961 or the Criminal Code of 2012 relating to the
11		offense of reckless homicide or a similar out-of-state offense,
12		the person may never apply for a license or permit.
13		(d)(1) Whenever a person under the age of 21 is convicted
14		under Section 11-501 of this Code or a similar provision of a
15		local ordinance or a similar out-of-state offense, the
16		Secretary of State shall revoke the driving privileges of that
17		person. One year after the date of revocation, and upon
18		application, the Secretary of State may, if satisfied that the
19		person applying will not endanger the public safety or welfare,
20		issue a restricted driving permit granting the privilege of
21		driving a motor vehicle only between the hours of 5 a.m. and 9
22		p.m. or as otherwise provided by this Section for a period of
23		one year. After this one year period, and upon reapplication
24		for a license as provided in Section 6-106, upon payment of the
25		appropriate reinstatement fee provided under paragraph (b) of
26		Section 6-118, the Secretary of State, in his discretion, may

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1		reinstate the petitioner's driver's license and driving
2		privileges, or extend the restricted driving permit as many
3		times as the Secretary of State deems appropriate, by
4		additional periods of not more than 12 months each.
5		(2) If a person's license or permit is revoked or
6		suspended due to 2 or more convictions of violating Section
7		11-501 of this Code or a similar provision of a local
8		ordinance or a similar out-of-state offense, or Section 9-3
9		of the Criminal Code of 1961 or the Criminal Code of 2012,
10		where the use of alcohol or other drugs is recited as an
11		element of the offense, or a similar out-of-state offense,
12		or a combination of these offenses, arising out of separate
13		occurrences, that person, if issued a restricted driving
14		permit, may not operate a vehicle unless it has been
15		equipped with an ignition interlock device as defined in
16		Section 1-129.1.
17		(3) If a person's license or permit is revoked or
18		suspended 2 or more times within a 10 year period due to
19		any combination of:
20		(A) a single conviction of violating Section
21		11-501 of this Code or a similar provision of a local
22		ordinance or a similar out-of-state offense, or
23		Section 9-3 of the Criminal Code of 1961 or the
24		Criminal Code of 2012, where the use of alcohol or
25		other drugs is recited as an element of the offense, or
26		a similar out-of-state offense; or

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1		(B) a statutory summary suspension or revocation
2		under Section 11-501.1; or
3		(C) a suspension pursuant to Section 6-203.1;
4		arising out of separate occurrences, that person, if issued
5		a restricted driving permit, may not operate a vehicle
6		unless it has been equipped with an ignition interlock
7		device as defined in Section 1-129.1.
8		(4) The person issued a permit conditioned upon the use
9		of an interlock device must pay to the Secretary of State
10		DUI Administration Fund an amount not to exceed $30 per
11		month. The Secretary shall establish by rule the amount and
12		the procedures, terms, and conditions relating to these
13		fees.
14		(5) If the restricted driving permit is issued for
15		employment purposes, then the prohibition against driving
16		a vehicle that is not equipped with an ignition interlock
17		device does not apply to the operation of an occupational
18		vehicle owned or leased by that person's employer when used
19		solely for employment purposes.
20		(6) A restricted driving permit issued under this
21		Section shall be subject to cancellation, revocation, and
22		suspension by the Secretary of State in like manner and for
23		like cause as a driver's license issued under this Code may
24		be cancelled, revoked, or suspended; except that a
25		conviction upon one or more offenses against laws or
26		ordinances regulating the movement of traffic shall be

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1		deemed sufficient cause for the revocation, suspension, or
2		cancellation of a restricted driving permit.
3		(d-5) The revocation of the license, permit, or driving
4		privileges of a person convicted of a third or subsequent
5		violation of Section 6-303 of this Code committed while his or
6		her driver's license, permit, or privilege was revoked because
7		of a violation of Section 9-3 of the Criminal Code of 1961 or
8		the Criminal Code of 2012, relating to the offense of reckless
9		homicide, or a similar provision of a law of another state, is
10		permanent. The Secretary may not, at any time, issue a license
11		or permit to that person.
12		(e) This Section is subject to the provisions of the Driver
13		License Compact.
14		(f) Any revocation imposed upon any person under
15		subsections 2 and 3 of paragraph (b) that is in effect on
16		December 31, 1988 shall be converted to a suspension for a like
17		period of time.
18		(g) The Secretary of State shall not issue a restricted
19		driving permit to a person under the age of 16 years whose
20		driving privileges have been revoked under any provisions of
21		this Code.
22		(h) The Secretary of State shall require the use of
23		ignition interlock devices on all vehicles owned by a person
24		who has been convicted of a second or subsequent offense under
25		Section 11-501 of this Code or a similar provision of a local
26		ordinance. The person must pay to the Secretary of State DUI

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1		Administration Fund an amount not to exceed $30 for each month
2		that he or she uses the device. The Secretary shall establish
3		by rule and regulation the procedures for certification and use
4		of the interlock system, the amount of the fee, and the
5		procedures, terms, and conditions relating to these fees.
6		(i) (Blank).
7		(j) In accordance with 49 C.F.R. 384, the Secretary of
8		State may not issue a restricted driving permit for the
9		operation of a commercial motor vehicle to a person holding a
10		CDL whose driving privileges have been revoked, suspended,
11		cancelled, or disqualified under any provisions of this Code.
12		(Source: P.A. 96-328, eff. 8-11-09; 96-607, eff. 8-24-09;
13		96-1180, eff. 1-1-11; 96-1305, eff. 1-1-11; 96-1344, eff.
14		7-1-11; 97-333, eff. 8-12-11; 97-838, eff. 1-1-13; 97-844, eff.
15		1-1-13; 97-1150, eff. 1-25-13.)
16		(625 ILCS 5/6-206)
17		Sec. 6-206. Discretionary authority to suspend or revoke
18		license or permit; Right to a hearing.
19		(a) The Secretary of State is authorized to suspend or
20		revoke the driving privileges of any person without preliminary
21		hearing upon a showing of the person's records or other
22		sufficient evidence that the person:
23		1. Has committed an offense for which mandatory
24		revocation of a driver's license or permit is required upon
25		conviction;

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1		2. Has been convicted of not less than 3 offenses
2		against traffic regulations governing the movement of
3		vehicles committed within any 12 month period. No
4		revocation or suspension shall be entered more than 6
5		months after the date of last conviction;
6		3. Has been repeatedly involved as a driver in motor
7		vehicle collisions or has been repeatedly convicted of
8		offenses against laws and ordinances regulating the
9		movement of traffic, to a degree that indicates lack of
10		ability to exercise ordinary and reasonable care in the
11		safe operation of a motor vehicle or disrespect for the
12		traffic laws and the safety of other persons upon the
13		highway;
14		4. Has by the unlawful operation of a motor vehicle
15		caused or contributed to an accident resulting in injury
16		requiring immediate professional treatment in a medical
17		facility or doctor's office to any person, except that any
18		suspension or revocation imposed by the Secretary of State
19		under the provisions of this subsection shall start no
20		later than 6 months after being convicted of violating a
21		law or ordinance regulating the movement of traffic, which
22		violation is related to the accident, or shall start not
23		more than one year after the date of the accident,
24		whichever date occurs later;
25		5. Has permitted an unlawful or fraudulent use of a
26		driver's license, identification card, or permit;

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1		6. Has been lawfully convicted of an offense or
2		offenses in another state, including the authorization
3		contained in Section 6-203.1, which if committed within
4		this State would be grounds for suspension or revocation;
5		7. Has refused or failed to submit to an examination
6		provided for by Section 6-207 or has failed to pass the
7		examination;
8		8. Is ineligible for a driver's license or permit under
9		the provisions of Section 6-103;
10		9. Has made a false statement or knowingly concealed a
11		material fact or has used false information or
12		identification in any application for a license,
13		identification card, or permit;
14		10. Has possessed, displayed, or attempted to
15		fraudulently use any license, identification card, or
16		permit not issued to the person;
17		11. Has operated a motor vehicle upon a highway of this
18		State when the person's driving privilege or privilege to
19		obtain a driver's license or permit was revoked or
20		suspended unless the operation was authorized by a
21		monitoring device driving permit, judicial driving permit
22		issued prior to January 1, 2009, probationary license to
23		drive, or a restricted driving permit issued under this
24		Code;
25		12. Has submitted to any portion of the application
26		process for another person or has obtained the services of

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1		another person to submit to any portion of the application
2		process for the purpose of obtaining a license,
3		identification card, or permit for some other person;
4		13. Has operated a motor vehicle upon a highway of this
5		State when the person's driver's license or permit was
6		invalid under the provisions of Sections 6-107.1 and 6-110;
7		14. Has committed a violation of Section 6-301,
8		6-301.1, or 6-301.2 of this Act, or Section 14, 14A, or 14B
9		of the Illinois Identification Card Act;
10		15. Has been convicted of violating Section 21-2 of the
11		Criminal Code of 1961 or the Criminal Code of 2012 relating
12		to criminal trespass to vehicles in which case, the
13		suspension shall be for one year;
14		16. Has been convicted of violating Section 11-204 of
15		this Code relating to fleeing from a peace officer;
16		17. Has refused to submit to a test, or tests, as
17		required under Section 11-501.1 of this Code and the person
18		has not sought a hearing as provided for in Section
19		11-501.1;
20		18. Has, since issuance of a driver's license or
21		permit, been adjudged to be afflicted with or suffering
22		from any mental disability or disease;
23		19. Has committed a violation of paragraph (a) or (b)
24		of Section 6-101 relating to driving without a driver's
25		license;
26		20. Has been convicted of violating Section 6-104

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1		relating to classification of driver's license;
2		21. Has been convicted of violating Section 11-402 of
3		this Code relating to leaving the scene of an accident
4		resulting in damage to a vehicle in excess of $1,000, in
5		which case the suspension shall be for one year;
6		22. Has used a motor vehicle in violating paragraph
7		(3), (4), (7), or (9) of subsection (a) of Section 24-1 of
8		the Criminal Code of 1961 or the Criminal Code of 2012
9		relating to unlawful use of weapons, in which case the
10		suspension shall be for one year;
11		23. Has, as a driver, been convicted of committing a
12		violation of paragraph (a) of Section 11-502 of this Code
13		for a second or subsequent time within one year of a
14		similar violation;
15		24. Has been convicted by a court-martial or punished
16		by non-judicial punishment by military authorities of the
17		United States at a military installation in Illinois or in
18		another state of or for a traffic related offense that is
19		the same as or similar to an offense specified under
20		Section 6-205 or 6-206 of this Code;
21		25. Has permitted any form of identification to be used
22		by another in the application process in order to obtain or
23		attempt to obtain a license, identification card, or
24		permit;
25		26. Has altered or attempted to alter a license or has
26		possessed an altered license, identification card, or

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1		permit;
2		27. Has violated Section 6-16 of the Liquor Control Act
3		of 1934;
4		28. Has been convicted for a first time of the illegal
5		possession, while operating or in actual physical control,
6		as a driver, of a motor vehicle, of any controlled
7		substance prohibited under the Illinois Controlled
8		Substances Act, any cannabis prohibited under the Cannabis
9		Control Act, or any methamphetamine prohibited under the
10		Methamphetamine Control and Community Protection Act, in
11		which case the person's driving privileges shall be
12		suspended for one year. Any defendant found guilty of this
13		offense while operating a motor vehicle, shall have an
14		entry made in the court record by the presiding judge that
15		this offense did occur while the defendant was operating a
16		motor vehicle and order the clerk of the court to report
17		the violation to the Secretary of State;
18		29. Has been convicted of the following offenses that
19		were committed while the person was operating or in actual
20		physical control, as a driver, of a motor vehicle: criminal
21		sexual assault, predatory criminal sexual assault of a
22		child, aggravated criminal sexual assault, criminal sexual
23		abuse, aggravated criminal sexual abuse, juvenile pimping,
24		soliciting for a juvenile prostitute, promoting juvenile
25		prostitution as described in subdivision (a)(1), (a)(2),
26		or (a)(3) of Section 11-14.4 of the Criminal Code of 1961

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1		or the Criminal Code of 2012, and the manufacture, sale or
2		delivery of controlled substances or instruments used for
3		illegal drug use or abuse in which case the driver's
4		driving privileges shall be suspended for one year;
5		30. Has been convicted a second or subsequent time for
6		any combination of the offenses named in paragraph 29 of
7		this subsection, in which case the person's driving
8		privileges shall be suspended for 5 years;
9		31. Has refused to submit to a test as required by
10		Section 11-501.6 of this Code or Section 5-16c of the Boat
11		Registration and Safety Act or has submitted to a test
12		resulting in an alcohol concentration of 0.08 or more or
13		any amount of a drug, substance, or compound resulting from
14		the unlawful use or consumption of cannabis as listed in
15		the Cannabis Control Act, a controlled substance as listed
16		in the Illinois Controlled Substances Act, an intoxicating
17		compound as listed in the Use of Intoxicating Compounds
18		Act, or methamphetamine as listed in the Methamphetamine
19		Control and Community Protection Act, in which case the
20		penalty shall be as prescribed in Section 6-208.1;
21		32. Has been convicted of Section 24-1.2 of the
22		Criminal Code of 1961 or the Criminal Code of 2012 relating
23		to the aggravated discharge of a firearm if the offender
24		was located in a motor vehicle at the time the firearm was
25		discharged, in which case the suspension shall be for 3
26		years;

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1		33. Has as a driver, who was less than 21 years of age
2		on the date of the offense, been convicted a first time of
3		a violation of paragraph (a) of Section 11-502 of this Code
4		or a similar provision of a local ordinance;
5		34. Has committed a violation of Section 11-1301.5 of
6		this Code or a similar provision of a local ordinance;
7		35. Has committed a violation of Section 11-1301.6 of
8		this Code or a similar provision of a local ordinance;
9		36. Is under the age of 21 years at the time of arrest
10		and has been convicted of not less than 2 offenses against
11		traffic regulations governing the movement of vehicles
12		committed within any 24 month period. No revocation or
13		suspension shall be entered more than 6 months after the
14		date of last conviction;
15		37. Has committed a violation of subsection (c) of
16		Section 11-907 of this Code that resulted in damage to the
17		property of another or the death or injury of another;
18		38. Has been convicted of a violation of Section 6-20
19		of the Liquor Control Act of 1934 or a similar provision of
20		a local ordinance;
21		39. Has committed a second or subsequent violation of
22		Section 11-1201 of this Code;
23		40. Has committed a violation of subsection (a-1) of
24		Section 11-908 of this Code;
25		41. Has committed a second or subsequent violation of
26		Section 11-605.1 of this Code, a similar provision of a

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1		local ordinance, or a similar violation in any other state
2		within 2 years of the date of the previous violation, in
3		which case the suspension shall be for 90 days;
4		42. Has committed a violation of subsection (a-1) of
5		Section 11-1301.3 of this Code or a similar provision of a
6		local ordinance;
7		43. Has received a disposition of court supervision for
8		a violation of subsection (a), (d), or (e) of Section 6-20
9		of the Liquor Control Act of 1934 or a similar provision of
10		a local ordinance, in which case the suspension shall be
11		for a period of 3 months;
12		44. Is under the age of 21 years at the time of arrest
13		and has been convicted of an offense against traffic
14		regulations governing the movement of vehicles after
15		having previously had his or her driving privileges
16		suspended or revoked pursuant to subparagraph 36 of this
17		Section;
18		45. Has, in connection with or during the course of a
19		formal hearing conducted under Section 2-118 of this Code:
20		(i) committed perjury; (ii) submitted fraudulent or
21		falsified documents; (iii) submitted documents that have
22		been materially altered; or (iv) submitted, as his or her
23		own, documents that were in fact prepared or composed for
24		another person;
25		46. Has committed a violation of subsection (j) of
26		Section 3-413 of this Code; or

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1		47. Has committed a violation of Section 11-502.1 of
2		this Code.
3		For purposes of paragraphs 5, 9, 10, 12, 14, 19, 25, 26,
4		and 27 of this subsection, license means any driver's license,
5		any traffic ticket issued when the person's driver's license is
6		deposited in lieu of bail, a suspension notice issued by the
7		Secretary of State, a duplicate or corrected driver's license,
8		a probationary driver's license or a temporary driver's
9		license.
10		(b) If any conviction forming the basis of a suspension or
11		revocation authorized under this Section is appealed, the
12		Secretary of State may rescind or withhold the entry of the
13		order of suspension or revocation, as the case may be, provided
14		that a certified copy of a stay order of a court is filed with
15		the Secretary of State. If the conviction is affirmed on
16		appeal, the date of the conviction shall relate back to the
17		time the original judgment of conviction was entered and the 6
18		month limitation prescribed shall not apply.
19		(c) 1. Upon suspending or revoking the driver's license or
20		permit of any person as authorized in this Section, the
21		Secretary of State shall immediately notify the person in
22		writing of the revocation or suspension. The notice to be
23		deposited in the United States mail, postage prepaid, to the
24		last known address of the person.
25		2. If the Secretary of State suspends the driver's license
26		of a person under subsection 2 of paragraph (a) of this

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1		Section, a person's privilege to operate a vehicle as an
2		occupation shall not be suspended, provided an affidavit is
3		properly completed, the appropriate fee received, and a permit
4		issued prior to the effective date of the suspension, unless 5
5		offenses were committed, at least 2 of which occurred while
6		operating a commercial vehicle in connection with the driver's
7		regular occupation. All other driving privileges shall be
8		suspended by the Secretary of State. Any driver prior to
9		operating a vehicle for occupational purposes only must submit
10		the affidavit on forms to be provided by the Secretary of State
11		setting forth the facts of the person's occupation. The
12		affidavit shall also state the number of offenses committed
13		while operating a vehicle in connection with the driver's
14		regular occupation. The affidavit shall be accompanied by the
15		driver's license. Upon receipt of a properly completed
16		affidavit, the Secretary of State shall issue the driver a
17		permit to operate a vehicle in connection with the driver's
18		regular occupation only. Unless the permit is issued by the
19		Secretary of State prior to the date of suspension, the
20		privilege to drive any motor vehicle shall be suspended as set
21		forth in the notice that was mailed under this Section. If an
22		affidavit is received subsequent to the effective date of this
23		suspension, a permit may be issued for the remainder of the
24		suspension period.
25		The provisions of this subparagraph shall not apply to any
26		driver required to possess a CDL for the purpose of operating a

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1		commercial motor vehicle.
2		Any person who falsely states any fact in the affidavit
3		required herein shall be guilty of perjury under Section 6-302
4		and upon conviction thereof shall have all driving privileges
5		revoked without further rights.
6		3. At the conclusion of a hearing under Section 2-118 of
7		this Code, the Secretary of State shall either rescind or
8		continue an order of revocation or shall substitute an order of
9		suspension; or, good cause appearing therefor, rescind,
10		continue, change, or extend the order of suspension. If the
11		Secretary of State does not rescind the order, the Secretary
12		may upon application, to relieve undue hardship (as defined by
13		the rules of the Secretary of State), issue a restricted
14		driving permit granting the privilege of driving a motor
15		vehicle between the petitioner's residence and petitioner's
16		place of employment or within the scope of the petitioner's
17		employment related duties, or to allow the petitioner to
18		transport himself or herself, or a family member of the
19		petitioner's household to a medical facility, to receive
20		necessary medical care, to allow the petitioner to transport
21		himself or herself to and from alcohol or drug remedial or
22		rehabilitative activity recommended by a licensed service
23		provider, or to allow the petitioner to transport himself or
24		herself or a family member of the petitioner's household to
25		classes, as a student, at an accredited educational
26		institution, or to allow the petitioner to transport children,

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1		elderly persons, or persons with disabilities disabled persons
2		who do not hold driving privileges and are living in the
3		petitioner's household to and from daycare. The petitioner must
4		demonstrate that no alternative means of transportation is
5		reasonably available and that the petitioner will not endanger
6		the public safety or welfare. Those multiple offenders
7		identified in subdivision (b)4 of Section 6-208 of this Code,
8		however, shall not be eligible for the issuance of a restricted
9		driving permit.
10		(A) If a person's license or permit is revoked or
11		suspended due to 2 or more convictions of violating Section
12		11-501 of this Code or a similar provision of a local
13		ordinance or a similar out-of-state offense, or Section 9-3
14		of the Criminal Code of 1961 or the Criminal Code of 2012,
15		where the use of alcohol or other drugs is recited as an
16		element of the offense, or a similar out-of-state offense,
17		or a combination of these offenses, arising out of separate
18		occurrences, that person, if issued a restricted driving
19		permit, may not operate a vehicle unless it has been
20		equipped with an ignition interlock device as defined in
21		Section 1-129.1.
22		(B) If a person's license or permit is revoked or
23		suspended 2 or more times within a 10 year period due to
24		any combination of:
25		(i) a single conviction of violating Section
26		11-501 of this Code or a similar provision of a local

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1		ordinance or a similar out-of-state offense or Section
2		9-3 of the Criminal Code of 1961 or the Criminal Code
3		of 2012, where the use of alcohol or other drugs is
4		recited as an element of the offense, or a similar
5		out-of-state offense; or
6		(ii) a statutory summary suspension or revocation
7		under Section 11-501.1; or
8		(iii) a suspension under Section 6-203.1;
9		arising out of separate occurrences; that person, if issued
10		a restricted driving permit, may not operate a vehicle
11		unless it has been equipped with an ignition interlock
12		device as defined in Section 1-129.1.
13		(C) The person issued a permit conditioned upon the use
14		of an ignition interlock device must pay to the Secretary
15		of State DUI Administration Fund an amount not to exceed
16		$30 per month. The Secretary shall establish by rule the
17		amount and the procedures, terms, and conditions relating
18		to these fees.
19		(D) If the restricted driving permit is issued for
20		employment purposes, then the prohibition against
21		operating a motor vehicle that is not equipped with an
22		ignition interlock device does not apply to the operation
23		of an occupational vehicle owned or leased by that person's
24		employer when used solely for employment purposes.
25		(E) In each case the Secretary may issue a restricted
26		driving permit for a period deemed appropriate, except that

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1		all permits shall expire within one year from the date of
2		issuance. The Secretary may not, however, issue a
3		restricted driving permit to any person whose current
4		revocation is the result of a second or subsequent
5		conviction for a violation of Section 11-501 of this Code
6		or a similar provision of a local ordinance or any similar
7		out-of-state offense, or Section 9-3 of the Criminal Code
8		of 1961 or the Criminal Code of 2012, where the use of
9		alcohol or other drugs is recited as an element of the
10		offense, or any similar out-of-state offense, or any
11		combination of those offenses, until the expiration of at
12		least one year from the date of the revocation. A
13		restricted driving permit issued under this Section shall
14		be subject to cancellation, revocation, and suspension by
15		the Secretary of State in like manner and for like cause as
16		a driver's license issued under this Code may be cancelled,
17		revoked, or suspended; except that a conviction upon one or
18		more offenses against laws or ordinances regulating the
19		movement of traffic shall be deemed sufficient cause for
20		the revocation, suspension, or cancellation of a
21		restricted driving permit. The Secretary of State may, as a
22		condition to the issuance of a restricted driving permit,
23		require the applicant to participate in a designated driver
24		remedial or rehabilitative program. The Secretary of State
25		is authorized to cancel a restricted driving permit if the
26		permit holder does not successfully complete the program.

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1		(c-3) In the case of a suspension under paragraph 43 of
2		subsection (a), reports received by the Secretary of State
3		under this Section shall, except during the actual time the
4		suspension is in effect, be privileged information and for use
5		only by the courts, police officers, prosecuting authorities,
6		the driver licensing administrator of any other state, the
7		Secretary of State, or the parent or legal guardian of a driver
8		under the age of 18. However, beginning January 1, 2008, if the
9		person is a CDL holder, the suspension shall also be made
10		available to the driver licensing administrator of any other
11		state, the U.S. Department of Transportation, and the affected
12		driver or motor carrier or prospective motor carrier upon
13		request.
14		(c-4) In the case of a suspension under paragraph 43 of
15		subsection (a), the Secretary of State shall notify the person
16		by mail that his or her driving privileges and driver's license
17		will be suspended one month after the date of the mailing of
18		the notice.
19		(c-5) The Secretary of State may, as a condition of the
20		reissuance of a driver's license or permit to an applicant
21		whose driver's license or permit has been suspended before he
22		or she reached the age of 21 years pursuant to any of the
23		provisions of this Section, require the applicant to
24		participate in a driver remedial education course and be
25		retested under Section 6-109 of this Code.
26		(d) This Section is subject to the provisions of the

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1		Drivers License Compact.
2		(e) The Secretary of State shall not issue a restricted
3		driving permit to a person under the age of 16 years whose
4		driving privileges have been suspended or revoked under any
5		provisions of this Code.
6		(f) In accordance with 49 C.F.R. 384, the Secretary of
7		State may not issue a restricted driving permit for the
8		operation of a commercial motor vehicle to a person holding a
9		CDL whose driving privileges have been suspended, revoked,
10		cancelled, or disqualified under any provisions of this Code.
11		(Source: P.A. 97-229, eff. 7-28-11; 97-333, eff. 8-12-11;
12		97-743, eff. 1-1-13; 97-838, eff. 1-1-13; 97-844, eff. 1-1-13;
13		97-1109, eff. 1-1-13; 97-1150, eff. 1-25-13; 98-103, eff.
14		1-1-14; 98-122, eff. 1-1-14; 98-726, eff. 1-1-15; 98-756, eff.
15		7-16-14.)
16		(625 ILCS 5/11-208) (from Ch. 95 1/2, par. 11-208)
17		Sec. 11-208. Powers of local authorities.
18		(a) The provisions of this Code shall not be deemed to
19		prevent local authorities with respect to streets and highways
20		under their jurisdiction and within the reasonable exercise of
21		the police power from:
22		1. Regulating the standing or parking of vehicles,
23		except as limited by Sections 11-1306 and 11-1307 of this
24		Act;
25		2. Regulating traffic by means of police officers or

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1		traffic control signals;
2		3. Regulating or prohibiting processions or
3		assemblages on the highways; and certifying persons to
4		control traffic for processions or assemblages;
5		4. Designating particular highways as one-way highways
6		and requiring that all vehicles thereon be moved in one
7		specific direction;
8		5. Regulating the speed of vehicles in public parks
9		subject to the limitations set forth in Section 11-604;
10		6. Designating any highway as a through highway, as
11		authorized in Section 11-302, and requiring that all
12		vehicles stop before entering or crossing the same or
13		designating any intersection as a stop intersection or a
14		yield right-of-way intersection and requiring all vehicles
15		to stop or yield the right-of-way at one or more entrances
16		to such intersections;
17		7. Restricting the use of highways as authorized in
18		Chapter 15;
19		8. Regulating the operation of bicycles and requiring
20		the registration and licensing of same, including the
21		requirement of a registration fee;
22		9. Regulating or prohibiting the turning of vehicles or
23		specified types of vehicles at intersections;
24		10. Altering the speed limits as authorized in Section
25		11-604;
26		11. Prohibiting U-turns;

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1		12. Prohibiting pedestrian crossings at other than
2		designated and marked crosswalks or at intersections;
3		13. Prohibiting parking during snow removal operation;
4		14. Imposing fines in accordance with Section
5		11-1301.3 as penalties for use of any parking place
6		reserved for persons with disabilities, as defined by
7		Section 1-159.1, or veterans with disabilities disabled
8		veterans by any person using a motor vehicle not bearing
9		registration plates specified in Section 11-1301.1 or a
10		special decal or device as defined in Section 11-1301.2 as
11		evidence that the vehicle is operated by or for a person
12		with disabilities or a veteran with a disability disabled
13		veteran;
14		15. Adopting such other traffic regulations as are
15		specifically authorized by this Code; or
16		16. Enforcing the provisions of subsection (f) of
17		Section 3-413 of this Code or a similar local ordinance.
18		(b) No ordinance or regulation enacted under subsections 1,
19		4, 5, 6, 7, 9, 10, 11 or 13 of paragraph (a) shall be effective
20		until signs giving reasonable notice of such local traffic
21		regulations are posted.
22		(c) The provisions of this Code shall not prevent any
23		municipality having a population of 500,000 or more inhabitants
24		from prohibiting any person from driving or operating any motor
25		vehicle upon the roadways of such municipality with headlamps
26		on high beam or bright.

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1		(d) The provisions of this Code shall not be deemed to
2		prevent local authorities within the reasonable exercise of
3		their police power from prohibiting, on private property, the
4		unauthorized use of parking spaces reserved for persons with
5		disabilities.
6		(e) No unit of local government, including a home rule
7		unit, may enact or enforce an ordinance that applies only to
8		motorcycles if the principal purpose for that ordinance is to
9		restrict the access of motorcycles to any highway or portion of
10		a highway for which federal or State funds have been used for
11		the planning, design, construction, or maintenance of that
12		highway. No unit of local government, including a home rule
13		unit, may enact an ordinance requiring motorcycle users to wear
14		protective headgear. Nothing in this subsection (e) shall
15		affect the authority of a unit of local government to regulate
16		motorcycles for traffic control purposes or in accordance with
17		Section 12-602 of this Code. No unit of local government,
18		including a home rule unit, may regulate motorcycles in a
19		manner inconsistent with this Code. This subsection (e) is a
20		limitation under subsection (i) of Section 6 of Article VII of
21		the Illinois Constitution on the concurrent exercise by home
22		rule units of powers and functions exercised by the State.
23		(f) A municipality or county designated in Section 11-208.6
24		may enact an ordinance providing for an automated traffic law
25		enforcement system to enforce violations of this Code or a
26		similar provision of a local ordinance and imposing liability

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1		on a registered owner or lessee of a vehicle used in such a
2		violation.
3		(g) A municipality or county, as provided in Section
4		11-1201.1, may enact an ordinance providing for an automated
5		traffic law enforcement system to enforce violations of Section
6		11-1201 of this Code or a similar provision of a local
7		ordinance and imposing liability on a registered owner of a
8		vehicle used in such a violation.
9		(h) A municipality designated in Section 11-208.8 may enact
10		an ordinance providing for an automated speed enforcement
11		system to enforce violations of Article VI of Chapter 11 of
12		this Code or a similar provision of a local ordinance.
13		(i) A municipality or county designated in Section 11-208.9
14		may enact an ordinance providing for an automated traffic law
15		enforcement system to enforce violations of Section 11-1414 of
16		this Code or a similar provision of a local ordinance and
17		imposing liability on a registered owner or lessee of a vehicle
18		used in such a violation.
19		(Source: P.A. 97-29, eff. 1-1-12; 97-672, eff. 7-1-12; 98-396,
20		eff. 1-1-14; 98-556, eff. 1-1-14; 98-756, eff. 7-16-14.)
21		(625 ILCS 5/11-209) (from Ch. 95 1/2, par. 11-209)
22		Sec. 11-209. Powers of municipalities and counties -
23		Contract with school boards, hospitals, churches, condominium
24		complex unit owners' associations, and commercial and
25		industrial facility, shopping center, and apartment complex

HB4049 Engrossed - 1509 - LRB099 03667 KTG 23678 b
1		owners for regulation of traffic.
2		(a) The corporate authorities of any municipality or the
3		county board of any county, and a school board, hospital,
4		church, condominium complex unit owners' association, or owner
5		of any commercial and industrial facility, shopping center, or
6		apartment complex which controls a parking area located within
7		the limits of the municipality, or outside the limits of the
8		municipality and within the boundaries of the county, may, by
9		contract, empower the municipality or county to regulate the
10		parking of automobiles and the traffic at such parking area.
11		Such contract shall empower the municipality or county to
12		accomplish all or any part of the following:
13		1. The erection of stop signs, flashing signals, person
14		with disabilities parking area signs or yield signs at
15		specified locations in a parking area and the adoption of
16		appropriate regulations thereto pertaining, or the
17		designation of any intersection in the parking area as a
18		stop intersection or as a yield intersection and the
19		ordering of like signs or signals at one or more entrances
20		to such intersection, subject to the provisions of this
21		Chapter.
22		2. The prohibition or regulation of the turning of
23		vehicles or specified types of vehicles at intersections or
24		other designated locations in the parking area.
25		3. The regulation of a crossing of any roadway in the
26		parking area by pedestrians.

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1		4. The designation of any separate roadway in the
2		parking area for one-way traffic.
3		5. The establishment and regulation of loading zones.
4		6. The prohibition, regulation, restriction or
5		limitation of the stopping, standing or parking of vehicles
6		in specified areas of the parking area.
7		7. The designation of safety zones in the parking area
8		and fire lanes.
9		8. Providing for the removal and storage of vehicles
10		parked or abandoned in the parking area during snowstorms,
11		floods, fires, or other public emergencies, or found
12		unattended in the parking area, (a) where they constitute
13		an obstruction to traffic, or (b) where stopping, standing
14		or parking is prohibited, and for the payment of reasonable
15		charges for such removal and storage by the owner or
16		operator of any such vehicle.
17		9. Providing that the cost of planning, installation,
18		maintenance and enforcement of parking and traffic
19		regulations pursuant to any contract entered into under the
20		authority of this paragraph (a) of this Section be borne by
21		the municipality or county, or by the school board,
22		hospital, church, property owner, apartment complex owner,
23		or condominium complex unit owners' association, or that a
24		percentage of the cost be shared by the parties to the
25		contract.
26		10. Causing the installation of parking meters on the

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1		parking area and establishing whether the expense of
2		installing said parking meters and maintenance thereof
3		shall be that of the municipality or county, or that of the
4		school board, hospital, church, condominium complex unit
5		owners' association, shopping center or apartment complex
6		owner. All moneys obtained from such parking meters as may
7		be installed on any parking area shall belong to the
8		municipality or county.
9		11. Causing the installation of parking signs in
10		accordance with Section 11-301 in areas of the parking lots
11		covered by this Section and where desired by the person
12		contracting with the appropriate authority listed in
13		paragraph (a) of this Section, indicating that such parking
14		spaces are reserved for persons with disabilities.
15		12. Contracting for such additional reasonable rules
16		and regulations with respect to traffic and parking in a
17		parking area as local conditions may require for the safety
18		and convenience of the public or of the users of the
19		parking area.
20		(b) No contract entered into pursuant to this Section shall
21		exceed a period of 20 years. No lessee of a shopping center or
22		apartment complex shall enter into such a contract for a longer
23		period of time than the length of his lease.
24		(c) Any contract entered into pursuant to this Section
25		shall be recorded in the office of the recorder in the county
26		in which the parking area is located, and no regulation made

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1		pursuant to the contract shall be effective or enforceable
2		until 3 days after the contract is so recorded.
3		(d) At such time as parking and traffic regulations have
4		been established at any parking area pursuant to the contract
5		as provided for in this Section, then it shall be a petty
6		offense for any person to do any act forbidden or to fail to
7		perform any act required by such parking or traffic regulation.
8		If the violation is the parking in a parking space reserved for
9		persons with disabilities under paragraph (11) of this Section,
10		by a person without special registration plates issued to a
11		person with disabilities, as defined by Section 1-159.1,
12		pursuant to Section 3-616 of this Code, or to a veteran with a
13		disability disabled veteran pursuant to Section 3-609 of this
14		Code, the local police of the contracting corporate municipal
15		authorities shall issue a parking ticket to such parking
16		violator and issue a fine in accordance with Section 11-1301.3.
17		(e) The term "shopping center", as used in this Section,
18		means premises having one or more stores or business
19		establishments in connection with which there is provided on
20		privately-owned property near or contiguous thereto an area, or
21		areas, of land used by the public as the means of access to and
22		egress from the stores and business establishments on such
23		premises and for the parking of motor vehicles of customers and
24		patrons of such stores and business establishments on such
25		premises.
26		(f) The term "parking area", as used in this Section, means

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1		an area, or areas, of land near or contiguous to a school,
2		church, or hospital building, shopping center, apartment
3		complex, or condominium complex, but not the public highways or
4		alleys, and used by the public as the means of access to and
5		egress from such buildings and the stores and business
6		establishments at a shopping center and for the parking of
7		motor vehicles.
8		(g) The terms "owner", "property owner", "shopping center
9		owner", and "apartment complex owner", as used in this Section,
10		mean the actual legal owner of the shopping center parking area
11		or apartment complex, the trust officer of a banking
12		institution having the right to manage and control such
13		property, or a person having the legal right, through lease or
14		otherwise, to manage or control the property.
15		(g-5) The term "condominium complex unit owners'
16		association", as used in this Section, means a "unit owners'
17		association" as defined in Section 2 of the Condominium
18		Property Act.
19		(h) The term "fire lane", as used in this Section, means
20		travel lanes for the fire fighting equipment upon which there
21		shall be no standing or parking of any motor vehicle at any
22		time so that fire fighting equipment can move freely thereon.
23		(i) The term "apartment complex", as used in this Section,
24		means premises having one or more apartments in connection with
25		which there is provided on privately-owned property near or
26		contiguous thereto an area, or areas, of land used by occupants

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1		of such apartments or their guests as a means of access to and
2		egress from such apartments or for the parking of motor
3		vehicles of such occupants or their guests.
4		(j) The term "condominium complex", as used in this
5		Section, means the units, common elements, and limited common
6		elements that are located on the parcels, as those terms are
7		defined in Section 2 of the Condominium Property Act.
8		(k) The term "commercial and industrial facility", as used
9		in this Section, means a premises containing one or more
10		commercial and industrial facility establishments in
11		connection with which there is provided on privately-owned
12		property near or contiguous to the premises an area or areas of
13		land used by the public as the means of access to and egress
14		from the commercial and industrial facility establishment on
15		the premises and for the parking of motor vehicles of
16		customers, patrons, and employees of the commercial and
17		industrial facility establishment on the premises.
18		(l) The provisions of this Section shall not be deemed to
19		prevent local authorities from enforcing, on private property,
20		local ordinances imposing fines, in accordance with Section
21		11-1301.3, as penalties for use of any parking place reserved
22		for persons with disabilities, as defined by Section 1-159.1,
23		or veterans with disabilities disabled veterans by any person
24		using a motor vehicle not bearing registration plates specified
25		in Section 11-1301.1 or a special decal or device as defined in
26		Section 11-1301.2 as evidence that the vehicle is operated by

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1		or for a person with disabilities or a veteran with a
2		disability disabled veteran.
3		This amendatory Act of 1972 is not a prohibition upon the
4		contractual and associational powers granted by Article VII,
5		Section 10 of the Illinois Constitution.
6		(Source: P.A. 95-167, eff. 1-1-08; 96-79, eff. 1-1-10.)
7		(625 ILCS 5/11-501.7) (from Ch. 95 1/2, par. 11-501.7)
8		Sec. 11-501.7. (a) As a condition of probation or discharge
9		of a person convicted of a violation of Section 11-501 of this
10		Code, who was less than 21 years of age at the time of the
11		offense, or a person adjudicated delinquent pursuant to the
12		Juvenile Court Act, for violation of Section 11-501 of this
13		Code, the Court may order the offender to participate in the
14		Youthful Intoxicated Drivers' Visitation Program. The Program
15		shall consist of a supervised visitation as provided by this
16		Section by the person to at least one of the following, to the
17		extent that personnel and facilities are available:
18		(1) A State or private rehabilitation facility that
19		cares for victims of motor vehicle accidents involving
20		persons under the influence of alcohol.
21		(2) A facility which cares for advanced alcoholics to
22		observe persons in the terminal stages of alcoholism, under
23		the supervision of appropriately licensed medical
24		personnel.
25		(3) If approved by the coroner of the county where the

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1		person resides, the county coroner's office or the county
2		morgue to observe appropriate victims of motor vehicle
3		accidents involving persons under the influence of
4		alcohol, under the supervision of the coroner or deputy
5		coroner.
6		(b) The Program shall be operated by the appropriate
7		probation authorities of the courts of the various circuits.
8		The youthful offender ordered to participate in the Program
9		shall bear all costs associated with participation in the
10		Program. A parent or guardian of the offender may assume the
11		obligation of the offender to pay the costs of the Program. The
12		court may waive the requirement that the offender pay the costs
13		of participation in the Program upon a finding of indigency.
14		(c) As used in this Section, "appropriate victims" means
15		victims whose condition is determined by the visit supervisor
16		to demonstrate the results of motor vehicle accidents involving
17		persons under the influence of alcohol without being
18		excessively gruesome or traumatic to the observer.
19		(d) Any visitation shall include, before any observation of
20		victims or persons with disabilities disabled persons, a
21		comprehensive counseling session with the visitation
22		supervisor at which the supervisor shall explain and discuss
23		the experiences which may be encountered during the visitation
24		in order to ascertain whether the visitation is appropriate.
25		(Source: P.A. 86-1242.)

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1		(625 ILCS 5/11-1301.1) (from Ch. 95 1/2, par. 11-1301.1)
2		Sec. 11-1301.1. Persons with disabilities - Parking
3		privileges - Exemptions.
4		(a) A motor vehicle bearing registration plates issued to a
5		person with disabilities, as defined by Section 1-159.1,
6		pursuant to Section 3-616 or to a veteran with a disability
7		disabled veteran pursuant to subsection (a) of Section 3-609 or
8		a special decal or device issued pursuant to Section 3-616 or
9		pursuant to Section 11-1301.2 of this Code or a motor vehicle
10		registered in another jurisdiction, state, district, territory
11		or foreign country upon which is displayed a registration
12		plate, special decal or device issued by the other jurisdiction
13		designating the vehicle is operated by or for a person with
14		disabilities shall be exempt from the payment of parking meter
15		fees until January 1, 2014, and exempt from any statute or
16		ordinance imposing time limitations on parking, except
17		limitations of one-half hour or less, on any street or highway
18		zone, a parking area subject to regulation under subsection (a)
19		of Section 11-209 of this Code, or any parking lot or parking
20		place which are owned, leased or owned and leased by a
21		municipality or a municipal parking utility; and shall be
22		recognized by state and local authorities as a valid license
23		plate or parking device and shall receive the same parking
24		privileges as residents of this State; but, such vehicle shall
25		be subject to the laws which prohibit parking in "no stopping"
26		and "no standing" zones in front of or near fire hydrants,

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1		driveways, public building entrances and exits, bus stops and
2		loading areas, and is prohibited from parking where the motor
3		vehicle constitutes a traffic hazard, whereby such motor
4		vehicle shall be moved at the instruction and request of a law
5		enforcement officer to a location designated by the officer.
6		(b) Any motor vehicle bearing registration plates or a
7		special decal or device specified in this Section or in Section
8		3-616 of this Code or such parking device as specifically
9		authorized in Section 11-1301.2 as evidence that the vehicle is
10		operated by or for a person with disabilities or bearing
11		registration plates issued to a veteran with a disability
12		disabled veteran under subsection (a) of Section 3-609 may
13		park, in addition to any other lawful place, in any parking
14		place specifically reserved for such vehicles by the posting of
15		an official sign as provided under Section 11-301. Parking
16		privileges granted by this Section are strictly limited to the
17		person to whom the special registration plates, special decal
18		or device were issued and to qualified operators acting under
19		his or her express direction while the person with disabilities
20		is present. A person to whom privileges were granted shall, at
21		the request of a police officer or any other person invested by
22		law with authority to direct, control, or regulate traffic,
23		present an identification card with a picture as verification
24		that the person is the person to whom the special registration
25		plates, special decal or device was issued.
26		(c) Such parking privileges granted by this Section are

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1		also extended to motor vehicles of not-for-profit
2		organizations used for the transportation of persons with
3		disabilities when such motor vehicles display the decal or
4		device issued pursuant to Section 11-1301.2 of this Code.
5		(d) No person shall use any area for the parking of any
6		motor vehicle pursuant to Section 11-1303 of this Code or where
7		an official sign controlling such area expressly prohibits
8		parking at any time or during certain hours.
9		(e) Beginning January 1, 2014, a vehicle displaying a decal
10		or device issued under subsection (c-5) of Section 11-1301.2 of
11		this Code shall be exempt from the payment of fees generated by
12		parking in a metered space or in a publicly owned parking area.
13		(Source: P.A. 97-845, eff. 1-1-13; 97-918, eff. 1-1-13; 98-463,
14		eff. 8-16-13; 98-577, eff. 1-1-14.)
15		(625 ILCS 5/11-1301.2) (from Ch. 95 1/2, par. 11-1301.2)
16		Sec. 11-1301.2. Special decals for parking; persons with
17		disabilities.
18		(a) The Secretary of State shall provide for, by
19		administrative rules, the design, size, color, and placement of
20		a person with disabilities motorist decal or device and shall
21		provide for, by administrative rules, the content and form of
22		an application for a person with disabilities motorist decal or
23		device, which shall be used by local authorities in the
24		issuance thereof to a person with temporary disabilities,
25		provided that the decal or device is valid for no more than 90

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1		days, subject to renewal for like periods based upon continued
2		disability, and further provided that the decal or device
3		clearly sets forth the date that the decal or device expires.
4		The application shall include the requirement of an Illinois
5		Identification Card number or a State of Illinois driver's
6		license number. This decal or device may be used by the
7		authorized holder to designate and identify a vehicle not owned
8		or displaying a registration plate as provided in Sections
9		3-609 and 3-616 of this Act to designate when the vehicle is
10		being used to transport said person or persons with
11		disabilities, and thus is entitled to enjoy all the privileges
12		that would be afforded a person with disabilities licensed
13		vehicle. Person with disabilities decals or devices issued and
14		displayed pursuant to this Section shall be recognized and
15		honored by all local authorities regardless of which local
16		authority issued such decal or device.
17		The decal or device shall be issued only upon a showing by
18		adequate documentation that the person for whose benefit the
19		decal or device is to be used has a disability as defined in
20		Section 1-159.1 of this Code and the disability is temporary.
21		(b) The local governing authorities shall be responsible
22		for the provision of such decal or device, its issuance and
23		designated placement within the vehicle. The cost of such decal
24		or device shall be at the discretion of such local governing
25		authority.
26		(c) The Secretary of State may, pursuant to Section

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1		3-616(c), issue a person with disabilities parking decal or
2		device to a person with disabilities as defined by Section
3		1-159.1. Any person with disabilities parking decal or device
4		issued by the Secretary of State shall be registered to that
5		person with disabilities in the form to be prescribed by the
6		Secretary of State. The person with disabilities parking decal
7		or device shall not display that person's address. One
8		additional decal or device may be issued to an applicant upon
9		his or her written request and with the approval of the
10		Secretary of State. The written request must include a
11		justification of the need for the additional decal or device.
12		(c-5) Beginning January 1, 2014, the Secretary shall
13		provide by administrative rule for the issuance of a separate
14		and distinct parking decal or device for persons with
15		disabilities as defined by Section 1-159.1 of this Code and who
16		meet the qualifications under this subsection. The authorized
17		holder of a decal or device issued under this subsection (c-5)
18		shall be exempt from the payment of fees generated by parking
19		in a metered space, a parking area subject to paragraph (10) of
20		subsection (a) of Section 11-209 of this Code, or a publicly
21		owned parking area.
22		The Secretary shall issue a meter-exempt decal or device to
23		a person with disabilities who: (i) has been issued
24		registration plates under subsection (a) of Section 3-609 or
25		Section 3-616 of this Code or a special decal or device under
26		this Section, (ii) holds a valid Illinois driver's license, and

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1		(iii) is unable to do one or more of the following:
2		(1) manage, manipulate, or insert coins, or obtain
3		tickets or tokens in parking meters or ticket machines in
4		parking lots, due to the lack of fine motor control of both
5		hands;
6		(2) reach above his or her head to a height of 42
7		inches from the ground, due to a lack of finger, hand, or
8		upper extremity strength or mobility;
9		(3) approach a parking meter due to his or her use of a
10		wheelchair or other device for mobility; or
11		(4) walk more than 20 feet due to an orthopedic,
12		neurological, cardiovascular, or lung condition in which
13		the degree of debilitation is so severe that it almost
14		completely impedes the ability to walk.
15		The application for a meter-exempt parking decal or device
16		shall contain a statement certified by a licensed physician,
17		physician assistant, or advanced practice nurse attesting to
18		the permanent nature of the applicant's condition and verifying
19		that the applicant meets the physical qualifications specified
20		in this subsection (c-5).
21		Notwithstanding the requirements of this subsection (c-5),
22		the Secretary shall issue a meter-exempt decal or device to a
23		person who has been issued registration plates under Section
24		3-616 of this Code or a special decal or device under this
25		Section, if the applicant is the parent or guardian of a person
26		with disabilities who is under 18 years of age and incapable of

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1		driving.
2		(d) Replacement decals or devices may be issued for lost,
3		stolen, or destroyed decals upon application and payment of a
4		$10 fee. The replacement fee may be waived for individuals that
5		have claimed and received a grant under the Senior Citizens and
6		Persons with Disabilities Disabled Persons Property Tax Relief
7		Act.
8		(e) A person classified as a veteran under subsection (e)
9		of Section 6-106 of this Code that has been issued a decal or
10		device under this Section shall not be required to submit
11		evidence of disability in order to renew that decal or device
12		if, at the time of initial application, he or she submitted
13		evidence from his or her physician or the Department of
14		Veterans' Affairs that the disability is of a permanent nature.
15		However, the Secretary shall take reasonable steps to ensure
16		the veteran still resides in this State at the time of the
17		renewal. These steps may include requiring the veteran to
18		provide additional documentation or to appear at a Secretary of
19		State facility. To identify veterans who are eligible for this
20		exemption, the Secretary shall compare the list of the persons
21		who have been issued a decal or device to the list of persons
22		who have been issued a disabled veteran vehicle registration
23		plate for veterans with disabilities under Section 3-609 of
24		this Code, or who are identified as a veteran on their driver's
25		license under Section 6-110 of this Code or on their
26		identification card under Section 4 of the Illinois

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1		Identification Card Act.
2		(Source: P.A. 97-689, eff. 6-14-12; 97-845, eff. 1-1-13;
3		98-463, eff. 8-16-13; 98-577, eff. 1-1-14; 98-879, eff.
4		1-1-15.)
5		(625 ILCS 5/11-1301.3) (from Ch. 95 1/2, par. 11-1301.3)
6		Sec. 11-1301.3. Unauthorized use of parking places
7		reserved for persons with disabilities.
8		(a) It shall be prohibited to park any motor vehicle which
9		is not properly displaying registration plates or decals issued
10		to a person with disabilities, as defined by Section 1-159.1,
11		pursuant to Sections 3-616, 11-1301.1 or 11-1301.2, or to a
12		veteran with a disability disabled veteran pursuant to Section
13		3-609 of this Act, as evidence that the vehicle is operated by
14		or for a person with disabilities or a veteran with a
15		disability disabled veteran, in any parking place, including
16		any private or public offstreet parking facility, specifically
17		reserved, by the posting of an official sign as designated
18		under Section 11-301, for motor vehicles displaying such
19		registration plates. It shall be prohibited to park any motor
20		vehicle in a designated access aisle adjacent to any parking
21		place specifically reserved for persons with disabilities, by
22		the posting of an official sign as designated under Section
23		11-301, for motor vehicles displaying such registration
24		plates. When using the parking privileges for persons with
25		disabilities, the parking decal or device must be displayed

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1		properly in the vehicle where it is clearly visible to law
2		enforcement personnel, either hanging from the rearview mirror
3		or placed on the dashboard of the vehicle in clear view.
4		Disability license plates and parking decals and devices are
5		not transferable from person to person. Proper usage of the
6		disability license plate or parking decal or device requires
7		the authorized holder to be present and enter or exit the
8		vehicle at the time the parking privileges are being used. It
9		is a violation of this Section to park in a space reserved for
10		a person with disabilities if the authorized holder of the
11		disability license plate or parking decal or device does not
12		enter or exit the vehicle at the time the parking privileges
13		are being used. Any motor vehicle properly displaying a
14		disability license plate or a parking decal or device
15		containing the International symbol of access issued to persons
16		with disabilities by any local authority, state, district,
17		territory or foreign country shall be recognized by State and
18		local authorities as a valid license plate or device and
19		receive the same parking privileges as residents of this State.
20		(a-1) An individual with a vehicle displaying disability
21		license plates or a parking decal or device issued to a
22		qualified person with a disability under Sections 3-616,
23		11-1301.1, or 11-1301.2 or to a veteran with a disability
24		disabled veteran under Section 3-609 is in violation of this
25		Section if (i) the person using the disability license plate or
26		parking decal or device is not the authorized holder of the

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1		disability license plate or parking decal or device or is not
2		transporting the authorized holder of the disability license
3		plate or parking decal or device to or from the parking
4		location and (ii) the person uses the disability license plate
5		or parking decal or device to exercise any privileges granted
6		through the disability license plate or parking decals or
7		devices under this Code.
8		(a-2) A driver of a vehicle displaying disability license
9		plates or a parking decal or device issued to a qualified
10		person with a disability under Section 3-616, 11-1301.1, or
11		11-1301.2 or to a veteran with a disability disabled veteran
12		under Section 3-609 is in violation of this Section if (i) the
13		person to whom the disability license plate or parking decal or
14		device was issued is deceased and (ii) the driver uses the
15		disability license plate or parking decal or device to exercise
16		any privileges granted through a disability license plate or
17		parking decal or device under this Code.
18		(b) Any person or local authority owning or operating any
19		public or private offstreet parking facility may, after
20		notifying the police or sheriff's department, remove or cause
21		to be removed to the nearest garage or other place of safety
22		any vehicle parked within a stall or space reserved for use by
23		a person with disabilities which does not display person with
24		disabilities registration plates or a special decal or device
25		as required under this Section.
26		(c) Any person found guilty of violating the provisions of

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1		subsection (a) shall be fined $250 in addition to any costs or
2		charges connected with the removal or storage of any motor
3		vehicle authorized under this Section; but municipalities by
4		ordinance may impose a fine up to $350 and shall display signs
5		indicating the fine imposed. If the amount of the fine is
6		subsequently changed, the municipality shall change the sign to
7		indicate the current amount of the fine. It shall not be a
8		defense to a charge under this Section that either the sign
9		posted pursuant to this Section or the intended accessible
10		parking place does not comply with the technical requirements
11		of Section 11-301, Department regulations, or local ordinance
12		if a reasonable person would be made aware by the sign or
13		notice on or near the parking place that the place is reserved
14		for a person with disabilities.
15		(c-1) Any person found guilty of violating the provisions
16		of subsection (a-1) a first time shall be fined $600. Any
17		person found guilty of violating subsection (a-1) a second or
18		subsequent time shall be fined $1,000. Any person who violates
19		subsection (a-2) is guilty of a Class A misdemeanor and shall
20		be fined $2,500. The circuit clerk shall distribute 50% of the
21		fine imposed on any person who is found guilty of or pleads
22		guilty to violating this Section, including any person placed
23		on court supervision for violating this Section, to the law
24		enforcement agency that issued the citation or made the arrest.
25		If more than one law enforcement agency is responsible for
26		issuing the citation or making the arrest, the 50% of the fine

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1		imposed shall be shared equally. If an officer of the Secretary
2		of State Department of Police arrested a person for a violation
3		of this Section, 50% of the fine imposed shall be deposited
4		into the Secretary of State Police Services Fund.
5		(d) Local authorities shall impose fines as established in
6		subsections (c) and (c-1) for violations of this Section.
7		(e) As used in this Section, "authorized holder" means an
8		individual issued a disability license plate under Section
9		3-616 of this Code, an individual issued a parking decal or
10		device under Section 11-1301.2 of this Code, or an individual
11		issued a disabled veteran's license plate for veterans with
12		disabilities under Section 3-609 of this Code.
13		(f) Any person who commits a violation of subsection (a-1)
14		or a similar provision of a local ordinance may have his or her
15		driving privileges suspended or revoked by the Secretary of
16		State for a period of time determined by the Secretary of
17		State. Any person who commits a violation of subsection (a-2)
18		or a similar provision of a local ordinance shall have his or
19		her driving privileges revoked by the Secretary of State. The
20		Secretary of State may also suspend or revoke the disability
21		license plates or parking decal or device for a period of time
22		determined by the Secretary of State.
23		(g) Any police officer may seize the parking decal or
24		device from any person who commits a violation of this Section.
25		Any police officer may seize the disability license plate upon
26		authorization from the Secretary of State. Any police officer

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1		may request that the Secretary of State revoke the parking
2		decal or device or the disability license plate of any person
3		who commits a violation of this Section.
4		(Source: P.A. 97-844, eff. 1-1-13; 97-845, eff. 1-1-13; 98-463,
5		eff. 8-16-13.)
6		(625 ILCS 5/11-1301.4) (from Ch. 95 1/2, par. 11-1301.4)
7		Sec. 11-1301.4. Reciprocal agreements with other
8		jurisdictions. The Secretary of State, or his designee, may
9		enter into agreements with other jurisdictions, including
10		foreign jurisdictions, on behalf of this State relating to the
11		extension of parking privileges by such jurisdictions to
12		permanently disabled residents of this State with disabilities
13		who display a special license plate or parking device that
14		contains the International symbol of access on his or her motor
15		vehicle, and to recognize such plates or devices issued by such
16		other jurisdictions. This State shall grant the same parking
17		privileges which are granted to disabled residents of this
18		State with disabilities to any non-resident whose motor vehicle
19		is licensed in another state, district, territory or foreign
20		country if such vehicle displays the International symbol of
21		access or a distinguishing insignia on license plates or
22		parking device issued in accordance with the laws of the
23		non-resident's state, district, territory or foreign country.
24		(Source: P.A. 86-539.)

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1		(625 ILCS 5/11-1301.5)
2		Sec. 11-1301.5. Fictitious or unlawfully altered
3		disability license plate or parking decal or device.
4		(a) As used in this Section:
5		"Fictitious disability license plate or parking decal or
6		device" means any issued disability license plate or parking
7		decal or device, or any license plate issued to a veteran with
8		a disability disabled veteran under Section 3-609 of this Code,
9		that has been issued by the Secretary of State or an authorized
10		unit of local government that was issued based upon false
11		information contained on the required application.
12		"False information" means any incorrect or inaccurate
13		information concerning the name, date of birth, social security
14		number, driver's license number, physician certification, or
15		any other information required on the Persons with Disabilities
16		Certification for Plate or Parking Placard, on the Application
17		for Replacement Disability Parking Placard, or on the
18		application for license plates issued to veterans with
19		disabilities disabled veterans under Section 3-609 of this
20		Code, that falsifies the content of the application.
21		"Unlawfully altered disability license plate or parking
22		permit or device" means any disability license plate or parking
23		permit or device, or any license plate issued to a veteran with
24		a disability disabled veteran under Section 3-609 of this Code,
25		issued by the Secretary of State or an authorized unit of local
26		government that has been physically altered or changed in such

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1		manner that false information appears on the license plate or
2		parking decal or device.
3		"Authorized holder" means an individual issued a
4		disability license plate under Section 3-616 of this Code or an
5		individual issued a parking decal or device under Section
6		11-1301.2 of this Code, or an individual issued a disabled
7		veteran's license plate for veterans with disabilities under
8		Section 3-609 of this Code.
9		(b) It is a violation of this Section for any person:
10		(1) to knowingly possess any fictitious or unlawfully
11		altered disability license plate or parking decal or
12		device;
13		(2) to knowingly issue or assist in the issuance of, by
14		the Secretary of State or unit of local government, any
15		fictitious disability license plate or parking decal or
16		device;
17		(3) to knowingly alter any disability license plate or
18		parking decal or device;
19		(4) to knowingly manufacture, possess, transfer, or
20		provide any documentation used in the application process
21		whether real or fictitious, for the purpose of obtaining a
22		fictitious disability license plate or parking decal or
23		device;
24		(5) to knowingly provide any false information to the
25		Secretary of State or a unit of local government in order
26		to obtain a disability license plate or parking decal or

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1		device;
2		(6) to knowingly transfer a disability license plate or
3		parking decal or device for the purpose of exercising the
4		privileges granted to an authorized holder of a disability
5		license plate or parking decal or device under this Code in
6		the absence of the authorized holder; or
7		(7) who is a physician, physician assistant, or
8		advanced practice nurse to knowingly falsify a
9		certification that a person is a person with disabilities
10		as defined by Section 1-159.1 of this Code.
11		(c) Sentence.
12		(1) Any person convicted of a violation of paragraph
13		(1), (2), (3), (4), (5), or (7) of subsection (b) of this
14		Section shall be guilty of a Class A misdemeanor and fined
15		not less than $1,000 for a first offense and shall be
16		guilty of a Class 4 felony and fined not less than $2,000
17		for a second or subsequent offense. Any person convicted of
18		a violation of subdivision (b)(6) of this Section is guilty
19		of a Class A misdemeanor and shall be fined not less than
20		$1,000 for a first offense and not less than $2,000 for a
21		second or subsequent offense. The circuit clerk shall
22		distribute one-half of any fine imposed on any person who
23		is found guilty of or pleads guilty to violating this
24		Section, including any person placed on court supervision
25		for violating this Section, to the law enforcement agency
26		that issued the citation or made the arrest. If more than

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1		one law enforcement agency is responsible for issuing the
2		citation or making the arrest, one-half of the fine imposed
3		shall be shared equally.
4		(2) Any person who commits a violation of this Section
5		or a similar provision of a local ordinance may have his or
6		her driving privileges suspended or revoked by the
7		Secretary of State for a period of time determined by the
8		Secretary of State. The Secretary of State may suspend or
9		revoke the parking decal or device or the disability
10		license plate of any person who commits a violation of this
11		Section.
12		(3) Any police officer may seize the parking decal or
13		device from any person who commits a violation of this
14		Section. Any police officer may seize the disability
15		license plate upon authorization from the Secretary of
16		State. Any police officer may request that the Secretary of
17		State revoke the parking decal or device or the disability
18		license plate of any person who commits a violation of this
19		Section.
20		(Source: P.A. 97-844, eff. 1-1-13; 97-845, eff. 1-1-13; 98-463,
21		eff. 8-16-13.)
22		(625 ILCS 5/11-1301.6)
23		Sec. 11-1301.6. Fraudulent disability license plate or
24		parking decal or device.
25		(a) As used in this Section:

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1		"Fraudulent disability license plate or parking decal or
2		device" means any disability license plate or parking decal or
3		device that purports to be an official disability license plate
4		or parking decal or device and that has not been issued by the
5		Secretary of State or an authorized unit of local government.
6		"Disability license plate or parking decal or
7		device-making implement" means any implement specially
8		designed or primarily used in the manufacture, assembly, or
9		authentication of a disability license plate or parking decal
10		or device, or a license plate issued to a veteran with a
11		disability disabled veteran under Section 3-609 of this Code,
12		issued by the Secretary of State or a unit of local government.
13		(b) It is a violation of this Section for any person:
14		(1) to knowingly possess any fraudulent disability
15		license plate or parking decal;
16		(2) to knowingly possess without authority any
17		disability license plate or parking decal or device-making
18		implement;
19		(3) to knowingly duplicate, manufacture, sell, or
20		transfer any fraudulent or stolen disability license plate
21		or parking decal or device;
22		(4) to knowingly assist in the duplication,
23		manufacturing, selling, or transferring of any fraudulent,
24		stolen, or reported lost or damaged disability license
25		plate or parking decal or device; or
26		(5) to advertise or distribute a fraudulent disability

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1		license plate or parking decal or device.
2		(c) Sentence.
3		(1) Any person convicted of a violation of this
4		Section shall be guilty of a Class A misdemeanor and fined
5		not less than $1,000 for a first offense and shall be
6		guilty of a Class 4 felony and fined not less than $2,000
7		for a second or subsequent offense. The circuit clerk shall
8		distribute half of any fine imposed on any person who is
9		found guilty of or pleads guilty to violating this Section,
10		including any person placed on court supervision for
11		violating this Section, to the law enforcement agency that
12		issued the citation or made the arrest. If more than one
13		law enforcement agency is responsible for issuing the
14		citation or making the arrest, one-half of the fine imposed
15		shall be shared equally.
16		(2) Any person who commits a violation of this Section
17		or a similar provision of a local ordinance may have his or
18		her driving privileges suspended or revoked by the
19		Secretary of State for a period of time determined by the
20		Secretary of State.
21		(3) Any police officer may seize the parking decal or
22		device from any person who commits a violation of this
23		Section. Any police officer may seize the disability
24		license plate upon authorization from the Secretary of
25		State. Any police officer may request that the Secretary of
26		State revoke the parking decal or device or the disability

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1		license plate of any person who commits a violation of this
2		Section.
3		(Source: P.A. 96-79, eff. 1-1-10; 97-844, eff. 1-1-13.)
4		(625 ILCS 5/11-1301.7)
5		Sec. 11-1301.7. Appointed volunteers and contracted
6		entities; parking violations for persons with disabilities
7		disabled person parking violations.
8		(a) The chief of police of a municipality and the sheriff
9		of a county authorized to enforce parking laws may appoint
10		volunteers or contract with public or private entities to issue
11		parking violation notices for violations of Section 11-1301.3
12		or ordinances dealing with parking privileges for persons with
13		disabilities. Volunteers appointed under this Section and any
14		employees of public or private entities that the chief of
15		police or sheriff has contracted with under this Section who
16		are issuing these parking violation notices must be at least 21
17		years of age. The chief of police or sheriff appointing the
18		volunteers or contracting with public or private entities may
19		establish any other qualifications that he or she deems
20		desirable.
21		(b) The chief of police or sheriff appointing volunteers
22		under this Section shall provide training to the volunteers
23		before authorizing them to issue parking violation notices.
24		(c) A parking violation notice issued by a volunteer
25		appointed under this Section or by a public or private entity

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1		that the chief of police or sheriff has contracted with under
2		this Section shall have the same force and effect as a parking
3		violation notice issued by a police officer for the same
4		offense.
5		(d) All funds collected as a result of the payment of the
6		parking violation notices issued under this Section shall go to
7		the municipality or county where the notice is issued.
8		(e) An appointed volunteer or private or public entity
9		under contract pursuant to this Section is not liable for his
10		or her or its act or omission in the execution or enforcement
11		of laws or ordinances if acting within the scope of the
12		appointment or contract authorized by this Section, unless the
13		act or omission constitutes willful and wanton conduct.
14		(f) Except as otherwise provided by statute, a local
15		government, a chief of police, sheriff, or employee of a police
16		department or sheriff, as such and acting within the scope of
17		his or her employment, is not liable for an injury caused by
18		the act or omission of an appointed volunteer or private or
19		public entity under contract pursuant to this Section. No local
20		government, chief of police, sheriff, or an employee of a local
21		government, police department or sheriff shall be liable for
22		any actions regarding the supervision or direction, or the
23		failure to supervise and direct, an appointed volunteer or
24		private or public entity under contract pursuant to this
25		Section unless the act or omission constitutes willful and
26		wanton conduct.

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1		(g) An appointed volunteer or private or public entity
2		under contract pursuant to this Section shall assume all
3		liability for and hold the property owner and his agents and
4		employees harmless from any and all claims of action resulting
5		from the work of the appointed volunteer or public or private
6		entity.
7		(Source: P.A. 90-181, eff. 7-23-97; 90-655, eff. 7-30-98.)
8		(625 ILCS 5/12-401) (from Ch. 95 1/2, par. 12-401)
9		Sec. 12-401. Restriction as to tire equipment. No metal
10		tired vehicle, including tractors, motor vehicles of the second
11		division, traction engines and other similar vehicles, shall be
12		operated over any improved highway of this State, if such
13		vehicle has on the periphery of any of the road wheels any
14		block, stud, flange, cleat, ridge, lug or any projection of
15		metal or wood which projects radially beyond the tread or
16		traffic surface of the tire. This prohibition does not apply to
17		pneumatic tires with metal studs used on vehicles operated by
18		rural letter carriers who are employed or enjoy a contract with
19		the United States Postal Service for the purpose of delivering
20		mail if such vehicle is actually used for such purpose during
21		operations between November 15 of any year and April 1 of the
22		following year, or to motor vehicles displaying a disability
23		license plate or a or disabled veteran license plate for
24		veterans with disabilities whose owner resides in an
25		unincorporated area located upon a county or township highway

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1		or road and possesses a valid driver's license and operates the
2		vehicle with such tires only during the period heretofore
3		described, or to tracked type motor vehicles when that part of
4		the vehicle coming in contact with the road surface does not
5		contain any projections of any kind likely to injure the
6		surface of the road; however, tractors, traction engines, and
7		similar vehicles may be operated which have upon their road
8		wheels V-shaped, diagonal or other cleats arranged in such a
9		manner as to be continuously in contact with the road surface,
10		provided that the gross weight upon such wheels per inch of
11		width of such cleats in contact with the road surface, when
12		measured in the direction of the axle of the vehicle, does not
13		exceed 800 pounds.
14		All motor vehicles and all other vehicles in tow thereof,
15		or thereunto attached, operating upon any roadway, shall have
16		tires of rubber or some material of equal resiliency. Solid
17		tires shall be considered defective and shall not be permitted
18		to be used if the rubber or other material has been worn or
19		otherwise reduced to a thickness of less than three-fourths of
20		an undue vibration when the vehicle is in motion or to cause
21		undue concentration of the wheel load on the surface of the
22		road. The requirements of this Section do not apply to
23		agricultural tractors or traction engines or to agricultural
24		machinery, including wagons being used for agricultural
25		purposes in tow thereof, or to road rollers or road building
26		machinery operated at a speed not in excess of 10 miles per

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1		hour. All motor vehicles of the second division, operating upon
2		any roadway shall have pneumatic tires, unless exempted herein.
3		Nothing in this Section shall be deemed to prohibit the use
4		of tire chains of reasonable proportion upon any vehicle when
5		required for safety because of snow, ice or other conditions
6		tending to cause a vehicle to skid.
7		(Source: P.A. 94-619, eff. 1-1-06.)
8		Section 870. The Boat Registration and Safety Act is
9		amended by changing Section 3A-15 as follows:
10		(625 ILCS 45/3A-15) (from Ch. 95 1/2, par. 313A-15)
11		Sec. 3A-15. Transfer by operation of law.
12		(a) If the interest of an owner in a watercraft passes to
13		another other than by voluntary transfer, the transferee shall,
14		except as provided in subsection (b), promptly mail or deliver
15		within 15 days to the Department of Natural Resources the last
16		certificate of title, if available, proof of the transfer, and
17		his or her application for a new certificate in the form the
18		Department prescribes. It shall be unlawful for any person
19		having possession of a certificate of title for a watercraft by
20		reason of his or her having a lien or encumbrance on such
21		watercraft, to fail or refuse to deliver such certificate to
22		the owner, upon the satisfaction or discharge of the lien or
23		encumbrance, indicated upon such certificate of title.
24		(b) If the interest of an owner in a watercraft passes to

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1		another under the provisions of the Small Estates provisions of
2		the Probate Act of 1975, as amended, the transferee shall
3		promptly mail or deliver to the Department of Natural
4		Resources, within 120 days, the last certificate of title, if
5		available, the documentation required under the provisions of
6		the Probate Act of 1975, as amended, and an application for
7		certificate of title. The transfer may be to the transferee or
8		to the nominee of the transferee.
9		(c) If the interest of an owner in a watercraft passes to
10		another under other provisions of the Probate Act of 1975, as
11		amended, and the transfer is made by an executor,
12		administrator, or guardian for a person with a disability
13		disabled person, such transferee shall promptly mail or deliver
14		to the Department of Natural Resources, the last certificate of
15		title, if available, and a certified copy of the letters
16		testamentary, letters of administration or letters of
17		guardianship, as the case may be, and an application for
18		certificate of title. Such application shall be made before the
19		estate is closed. The transfer may be to the transferee or to
20		the nominee of the transferee.
21		(d) If the interest of an owner in joint tenancy passes to
22		the other joint tenant with survivorship rights as provided by
23		law, the transferee shall promptly mail or deliver to the
24		Department of Natural Resources, the last certificate of title,
25		if available, proof of death of the one joint tenant and
26		survivorship of the surviving joint tenant, and an application

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1		for certificate of title. Such application shall be made within
2		120 days after the death of the joint tenant. The transfer may
3		be to the transferee or to the nominee of the transferee.
4		(e) If the interest of the owner is terminated or the
5		watercraft is sold under a security agreement by a lienholder
6		named in the certificate of title, the transferee shall
7		promptly mail or deliver within 15 days to the Department of
8		Natural Resources the last certificate of title, his or her
9		application for a new certificate in the form the Department
10		prescribes, and an affidavit made by or on behalf of the
11		lienholder that the watercraft was repossessed and that the
12		interest of the owner was lawfully terminated or sold pursuant
13		to the terms of the security agreement. In all cases wherein a
14		lienholder has found it necessary to repossess a watercraft and
15		desires to obtain certificate of title for such watercraft in
16		the name of such lienholder, the Department of Natural
17		Resources shall not issue a certificate of title to such
18		lienholder unless the person from whom such watercraft has been
19		repossessed, is shown to be the last registered owner of such
20		watercraft and such lienholder establishes to the satisfaction
21		of the Department that he or she is entitled to such
22		certificate of title.
23		(f) A person holding a certificate of title whose interest
24		in the watercraft has been extinguished or transferred other
25		than by voluntary transfer shall mail or deliver the
26		certificate within 15 days upon request of the Department of

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1		Natural Resources. The delivery of the certificate pursuant to
2		the request of the Department of Natural Resources does not
3		affect the rights of the person surrendering the certificate,
4		and the action of the Department in issuing a new certificate
5		of title as provided herein is not conclusive upon the rights
6		of an owner or lienholder named in the old certificate.
7		(g) The Department of Natural Resources may decline to
8		process any application for a transfer of an interest hereunder
9		if any fees or taxes due under this Act from the transferor or
10		the transferee have not been paid upon reasonable notice and
11		demand.
12		(h) The Department of Natural Resources shall not be held
13		civilly or criminally liable to any person because any
14		purported transferor may not have had the power or authority to
15		make a transfer of any interest in any watercraft.
16		(Source: P.A. 89-445, eff. 2-7-96.)
17		Section 875. The Juvenile Court Act of 1987 is amended by
18		changing Section 2-3 as follows:
19		(705 ILCS 405/2-3) (from Ch. 37, par. 802-3)
20		Sec. 2-3. Neglected or abused minor.
21		(1) Those who are neglected include:
22		(a) any minor under 18 years of age who is not
23		receiving the proper or necessary support, education as
24		required by law, or medical or other remedial care

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1		recognized under State law as necessary for a minor's
2		well-being, or other care necessary for his or her
3		well-being, including adequate food, clothing and shelter,
4		or who is abandoned by his or her parent or parents or
5		other person or persons responsible for the minor's
6		welfare, except that a minor shall not be considered
7		neglected for the sole reason that the minor's parent or
8		parents or other person or persons responsible for the
9		minor's welfare have left the minor in the care of an adult
10		relative for any period of time, who the parent or parents
11		or other person responsible for the minor's welfare know is
12		both a mentally capable adult relative and physically
13		capable adult relative, as defined by this Act; or
14		(b) any minor under 18 years of age whose environment
15		is injurious to his or her welfare; or
16		(c) any newborn infant whose blood, urine, or meconium
17		contains any amount of a controlled substance as defined in
18		subsection (f) of Section 102 of the Illinois Controlled
19		Substances Act, as now or hereafter amended, or a
20		metabolite of a controlled substance, with the exception of
21		controlled substances or metabolites of such substances,
22		the presence of which in the newborn infant is the result
23		of medical treatment administered to the mother or the
24		newborn infant; or
25		(d) any minor under the age of 14 years whose parent or
26		other person responsible for the minor's welfare leaves the

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1		minor without supervision for an unreasonable period of
2		time without regard for the mental or physical health,
3		safety, or welfare of that minor; or
4		(e) any minor who has been provided with interim crisis
5		intervention services under Section 3-5 of this Act and
6		whose parent, guardian, or custodian refuses to permit the
7		minor to return home unless the minor is an immediate
8		physical danger to himself, herself, or others living in
9		the home.
10		Whether the minor was left without regard for the mental or
11		physical health, safety, or welfare of that minor or the period
12		of time was unreasonable shall be determined by considering the
13		following factors, including but not limited to:
14		(1) the age of the minor;
15		(2) the number of minors left at the location;
16		(3) special needs of the minor, including whether the
17		minor is a person with a physical or mental disability
18		physically or mentally handicapped, or otherwise in need of
19		ongoing prescribed medical treatment such as periodic
20		doses of insulin or other medications;
21		(4) the duration of time in which the minor was left
22		without supervision;
23		(5) the condition and location of the place where the
24		minor was left without supervision;
25		(6) the time of day or night when the minor was left
26		without supervision;

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1		(7) the weather conditions, including whether the
2		minor was left in a location with adequate protection from
3		the natural elements such as adequate heat or light;
4		(8) the location of the parent or guardian at the time
5		the minor was left without supervision, the physical
6		distance the minor was from the parent or guardian at the
7		time the minor was without supervision;
8		(9) whether the minor's movement was restricted, or the
9		minor was otherwise locked within a room or other
10		structure;
11		(10) whether the minor was given a phone number of a
12		person or location to call in the event of an emergency and
13		whether the minor was capable of making an emergency call;
14		(11) whether there was food and other provision left
15		for the minor;
16		(12) whether any of the conduct is attributable to
17		economic hardship or illness and the parent, guardian or
18		other person having physical custody or control of the
19		child made a good faith effort to provide for the health
20		and safety of the minor;
21		(13) the age and physical and mental capabilities of
22		the person or persons who provided supervision for the
23		minor;
24		(14) whether the minor was left under the supervision
25		of another person;
26		(15) any other factor that would endanger the health

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1		and safety of that particular minor.
2		A minor shall not be considered neglected for the sole
3		reason that the minor has been relinquished in accordance with
4		the Abandoned Newborn Infant Protection Act.
5		(2) Those who are abused include any minor under 18 years
6		of age whose parent or immediate family member, or any person
7		responsible for the minor's welfare, or any person who is in
8		the same family or household as the minor, or any individual
9		residing in the same home as the minor, or a paramour of the
10		minor's parent:
11		(i) inflicts, causes to be inflicted, or allows to be
12		inflicted upon such minor physical injury, by other than
13		accidental means, which causes death, disfigurement,
14		impairment of physical or emotional health, or loss or
15		impairment of any bodily function;
16		(ii) creates a substantial risk of physical injury to
17		such minor by other than accidental means which would be
18		likely to cause death, disfigurement, impairment of
19		emotional health, or loss or impairment of any bodily
20		function;
21		(iii) commits or allows to be committed any sex offense
22		against such minor, as such sex offenses are defined in the
23		Criminal Code of 1961 or the Criminal Code of 2012, or in
24		the Wrongs to Children Act, and extending those definitions
25		of sex offenses to include minors under 18 years of age;
26		(iv) commits or allows to be committed an act or acts

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1		of torture upon such minor;
2		(v) inflicts excessive corporal punishment;
3		(vi) commits or allows to be committed the offense of
4		involuntary servitude, involuntary sexual servitude of a
5		minor, or trafficking in persons as defined in Section 10-9
6		of the Criminal Code of 1961 or the Criminal Code of 2012,
7		upon such minor; or
8		(vii) allows, encourages or requires a minor to commit
9		any act of prostitution, as defined in the Criminal Code of
10		1961 or the Criminal Code of 2012, and extending those
11		definitions to include minors under 18 years of age.
12		A minor shall not be considered abused for the sole reason
13		that the minor has been relinquished in accordance with the
14		Abandoned Newborn Infant Protection Act.
15		(3) This Section does not apply to a minor who would be
16		included herein solely for the purpose of qualifying for
17		financial assistance for himself, his parents, guardian or
18		custodian.
19		(Source: P.A. 96-168, eff. 8-10-09; 96-1464, eff. 8-20-10;
20		97-897, eff. 1-1-13; 97-1150, eff. 1-25-13.)
21		Section 880. The Criminal Code of 2012 is amended by
22		changing Sections 2-10.1, 2-15a, 9-1, 10-1, 10-2, 10-5,
23		11-1.30, 11-1.60, 11-14.1, 11-14.4, 11-18.1, 11-20.1, 12-0.1,
24		12-2, 12-3.05, 12C-10, 16-30, 17-2, 17-6, 17-6.5, 17-10.2,
25		18-1, 18-4, 24-3, 24-3.1, and 48-10 as follows:

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1		(720 ILCS 5/2-10.1) (from Ch. 38, par. 2-10.1)
2		Sec. 2-10.1. "Person with a severe or profound intellectual
3		disability" Severely or profoundly intellectually disabled
4		person" means a person (i) whose intelligence quotient does not
5		exceed 40 or (ii) whose intelligence quotient does not exceed
6		55 and who suffers from significant mental illness to the
7		extent that the person's ability to exercise rational judgment
8		is impaired. In any proceeding in which the defendant is
9		charged with committing a violation of Section 10-2, 10-5,
10		11-1.30, 11-1.60, 11-14.4, 11-15.1, 11-19.1, 11-19.2, 11-20.1,
11		11-20.1B, 11-20.3, 12-4.3, 12-14, or 12-16, or subdivision
12		(b)(1) of Section 12-3.05, of this Code against a victim who is
13		alleged to be a person with a severe or profound intellectual
14		disability severely or profoundly intellectually disabled
15		person, any findings concerning the victim's status as a person
16		with a severe or profound intellectual disability severely or
17		profoundly intellectually disabled person, made by a court
18		after a judicial admission hearing concerning the victim under
19		Articles V and VI of Chapter IV of the Mental Health and
20		Developmental Disabilities Code shall be admissible.
21		(Source: P.A. 97-227, eff. 1-1-12; 97-1109, eff. 1-1-13;
22		98-756, eff. 7-16-14.)
23		(720 ILCS 5/2-15a) (from Ch. 38, par. 2-15a)
24		Sec. 2-15a. "Person with a physical disability" Physically

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1		handicapped person". "Person with a physical disability"
2		Physically handicapped person" means a person who suffers from
3		a permanent and disabling physical characteristic, resulting
4		from disease, injury, functional disorder, or congenital
5		condition.
6		(Source: P.A. 85-691.)
7		(720 ILCS 5/9-1) (from Ch. 38, par. 9-1)
8		Sec. 9-1. First degree Murder - Death penalties -
9		Exceptions - Separate Hearings - Proof - Findings - Appellate
10		procedures - Reversals.
11		(a) A person who kills an individual without lawful
12		justification commits first degree murder if, in performing the
13		acts which cause the death:
14		(1) he either intends to kill or do great bodily harm
15		to that individual or another, or knows that such acts will
16		cause death to that individual or another; or
17		(2) he knows that such acts create a strong probability
18		of death or great bodily harm to that individual or
19		another; or
20		(3) he is attempting or committing a forcible felony
21		other than second degree murder.
22		(b) Aggravating Factors. A defendant who at the time of the
23		commission of the offense has attained the age of 18 or more
24		and who has been found guilty of first degree murder may be
25		sentenced to death if:

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1		(1) the murdered individual was a peace officer or
2		fireman killed in the course of performing his official
3		duties, to prevent the performance of his official duties,
4		or in retaliation for performing his official duties, and
5		the defendant knew or should have known that the murdered
6		individual was a peace officer or fireman; or
7		(2) the murdered individual was an employee of an
8		institution or facility of the Department of Corrections,
9		or any similar local correctional agency, killed in the
10		course of performing his official duties, to prevent the
11		performance of his official duties, or in retaliation for
12		performing his official duties, or the murdered individual
13		was an inmate at such institution or facility and was
14		killed on the grounds thereof, or the murdered individual
15		was otherwise present in such institution or facility with
16		the knowledge and approval of the chief administrative
17		officer thereof; or
18		(3) the defendant has been convicted of murdering two
19		or more individuals under subsection (a) of this Section or
20		under any law of the United States or of any state which is
21		substantially similar to subsection (a) of this Section
22		regardless of whether the deaths occurred as the result of
23		the same act or of several related or unrelated acts so
24		long as the deaths were the result of either an intent to
25		kill more than one person or of separate acts which the
26		defendant knew would cause death or create a strong

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1		probability of death or great bodily harm to the murdered
2		individual or another; or
3		(4) the murdered individual was killed as a result of
4		the hijacking of an airplane, train, ship, bus or other
5		public conveyance; or
6		(5) the defendant committed the murder pursuant to a
7		contract, agreement or understanding by which he was to
8		receive money or anything of value in return for committing
9		the murder or procured another to commit the murder for
10		money or anything of value; or
11		(6) the murdered individual was killed in the course of
12		another felony if:
13		(a) the murdered individual:
14		(i) was actually killed by the defendant, or
15		(ii) received physical injuries personally
16		inflicted by the defendant substantially
17		contemporaneously with physical injuries caused by
18		one or more persons for whose conduct the defendant
19		is legally accountable under Section 5-2 of this
20		Code, and the physical injuries inflicted by
21		either the defendant or the other person or persons
22		for whose conduct he is legally accountable caused
23		the death of the murdered individual; and
24		(b) in performing the acts which caused the death
25		of the murdered individual or which resulted in
26		physical injuries personally inflicted by the

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1		defendant on the murdered individual under the
2		circumstances of subdivision (ii) of subparagraph (a)
3		of paragraph (6) of subsection (b) of this Section, the
4		defendant acted with the intent to kill the murdered
5		individual or with the knowledge that his acts created
6		a strong probability of death or great bodily harm to
7		the murdered individual or another; and
8		(c) the other felony was an inherently violent
9		crime or the attempt to commit an inherently violent
10		crime. In this subparagraph (c), "inherently violent
11		crime" includes, but is not limited to, armed robbery,
12		robbery, predatory criminal sexual assault of a child,
13		aggravated criminal sexual assault, aggravated
14		kidnapping, aggravated vehicular hijacking, aggravated
15		arson, aggravated stalking, residential burglary, and
16		home invasion; or
17		(7) the murdered individual was under 12 years of age
18		and the death resulted from exceptionally brutal or heinous
19		behavior indicative of wanton cruelty; or
20		(8) the defendant committed the murder with intent to
21		prevent the murdered individual from testifying or
22		participating in any criminal investigation or prosecution
23		or giving material assistance to the State in any
24		investigation or prosecution, either against the defendant
25		or another; or the defendant committed the murder because
26		the murdered individual was a witness in any prosecution or

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1		gave material assistance to the State in any investigation
2		or prosecution, either against the defendant or another;
3		for purposes of this paragraph (8), "participating in any
4		criminal investigation or prosecution" is intended to
5		include those appearing in the proceedings in any capacity
6		such as trial judges, prosecutors, defense attorneys,
7		investigators, witnesses, or jurors; or
8		(9) the defendant, while committing an offense
9		punishable under Sections 401, 401.1, 401.2, 405, 405.2,
10		407 or 407.1 or subsection (b) of Section 404 of the
11		Illinois Controlled Substances Act, or while engaged in a
12		conspiracy or solicitation to commit such offense,
13		intentionally killed an individual or counseled,
14		commanded, induced, procured or caused the intentional
15		killing of the murdered individual; or
16		(10) the defendant was incarcerated in an institution
17		or facility of the Department of Corrections at the time of
18		the murder, and while committing an offense punishable as a
19		felony under Illinois law, or while engaged in a conspiracy
20		or solicitation to commit such offense, intentionally
21		killed an individual or counseled, commanded, induced,
22		procured or caused the intentional killing of the murdered
23		individual; or
24		(11) the murder was committed in a cold, calculated and
25		premeditated manner pursuant to a preconceived plan,
26		scheme or design to take a human life by unlawful means,

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1		and the conduct of the defendant created a reasonable
2		expectation that the death of a human being would result
3		therefrom; or
4		(12) the murdered individual was an emergency medical
5		technician - ambulance, emergency medical technician -
6		intermediate, emergency medical technician - paramedic,
7		ambulance driver, or other medical assistance or first aid
8		personnel, employed by a municipality or other
9		governmental unit, killed in the course of performing his
10		official duties, to prevent the performance of his official
11		duties, or in retaliation for performing his official
12		duties, and the defendant knew or should have known that
13		the murdered individual was an emergency medical
14		technician - ambulance, emergency medical technician -
15		intermediate, emergency medical technician - paramedic,
16		ambulance driver, or other medical assistance or first aid
17		personnel; or
18		(13) the defendant was a principal administrator,
19		organizer, or leader of a calculated criminal drug
20		conspiracy consisting of a hierarchical position of
21		authority superior to that of all other members of the
22		conspiracy, and the defendant counseled, commanded,
23		induced, procured, or caused the intentional killing of the
24		murdered person; or
25		(14) the murder was intentional and involved the
26		infliction of torture. For the purpose of this Section

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1		torture means the infliction of or subjection to extreme
2		physical pain, motivated by an intent to increase or
3		prolong the pain, suffering or agony of the victim; or
4		(15) the murder was committed as a result of the
5		intentional discharge of a firearm by the defendant from a
6		motor vehicle and the victim was not present within the
7		motor vehicle; or
8		(16) the murdered individual was 60 years of age or
9		older and the death resulted from exceptionally brutal or
10		heinous behavior indicative of wanton cruelty; or
11		(17) the murdered individual was a person with a
12		disability disabled person and the defendant knew or should
13		have known that the murdered individual was a person with a
14		disability disabled. For purposes of this paragraph (17),
15		"person with a disability disabled person" means a person
16		who suffers from a permanent physical or mental impairment
17		resulting from disease, an injury, a functional disorder,
18		or a congenital condition that renders the person incapable
19		of adequately providing for his or her own health or
20		personal care; or
21		(18) the murder was committed by reason of any person's
22		activity as a community policing volunteer or to prevent
23		any person from engaging in activity as a community
24		policing volunteer; or
25		(19) the murdered individual was subject to an order of
26		protection and the murder was committed by a person against

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1		whom the same order of protection was issued under the
2		Illinois Domestic Violence Act of 1986; or
3		(20) the murdered individual was known by the defendant
4		to be a teacher or other person employed in any school and
5		the teacher or other employee is upon the grounds of a
6		school or grounds adjacent to a school, or is in any part
7		of a building used for school purposes; or
8		(21) the murder was committed by the defendant in
9		connection with or as a result of the offense of terrorism
10		as defined in Section 29D-14.9 of this Code.
11		(b-5) Aggravating Factor; Natural Life Imprisonment. A
12		defendant who has been found guilty of first degree murder and
13		who at the time of the commission of the offense had attained
14		the age of 18 years or more may be sentenced to natural life
15		imprisonment if (i) the murdered individual was a physician,
16		physician assistant, psychologist, nurse, or advanced practice
17		nurse, (ii) the defendant knew or should have known that the
18		murdered individual was a physician, physician assistant,
19		psychologist, nurse, or advanced practice nurse, and (iii) the
20		murdered individual was killed in the course of acting in his
21		or her capacity as a physician, physician assistant,
22		psychologist, nurse, or advanced practice nurse, or to prevent
23		him or her from acting in that capacity, or in retaliation for
24		his or her acting in that capacity.
25		(c) Consideration of factors in Aggravation and
26		Mitigation.

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1		The court shall consider, or shall instruct the jury to
2		consider any aggravating and any mitigating factors which are
3		relevant to the imposition of the death penalty. Aggravating
4		factors may include but need not be limited to those factors
5		set forth in subsection (b). Mitigating factors may include but
6		need not be limited to the following:
7		(1) the defendant has no significant history of prior
8		criminal activity;
9		(2) the murder was committed while the defendant was
10		under the influence of extreme mental or emotional
11		disturbance, although not such as to constitute a defense
12		to prosecution;
13		(3) the murdered individual was a participant in the
14		defendant's homicidal conduct or consented to the
15		homicidal act;
16		(4) the defendant acted under the compulsion of threat
17		or menace of the imminent infliction of death or great
18		bodily harm;
19		(5) the defendant was not personally present during
20		commission of the act or acts causing death;
21		(6) the defendant's background includes a history of
22		extreme emotional or physical abuse;
23		(7) the defendant suffers from a reduced mental
24		capacity.
25		(d) Separate sentencing hearing.
26		Where requested by the State, the court shall conduct a

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1		separate sentencing proceeding to determine the existence of
2		factors set forth in subsection (b) and to consider any
3		aggravating or mitigating factors as indicated in subsection
4		(c). The proceeding shall be conducted:
5		(1) before the jury that determined the defendant's
6		guilt; or
7		(2) before a jury impanelled for the purpose of the
8		proceeding if:
9		A. the defendant was convicted upon a plea of
10		guilty; or
11		B. the defendant was convicted after a trial before
12		the court sitting without a jury; or
13		C. the court for good cause shown discharges the
14		jury that determined the defendant's guilt; or
15		(3) before the court alone if the defendant waives a
16		jury for the separate proceeding.
17		(e) Evidence and Argument.
18		During the proceeding any information relevant to any of
19		the factors set forth in subsection (b) may be presented by
20		either the State or the defendant under the rules governing the
21		admission of evidence at criminal trials. Any information
22		relevant to any additional aggravating factors or any
23		mitigating factors indicated in subsection (c) may be presented
24		by the State or defendant regardless of its admissibility under
25		the rules governing the admission of evidence at criminal
26		trials. The State and the defendant shall be given fair

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1		opportunity to rebut any information received at the hearing.
2		(f) Proof.
3		The burden of proof of establishing the existence of any of
4		the factors set forth in subsection (b) is on the State and
5		shall not be satisfied unless established beyond a reasonable
6		doubt.
7		(g) Procedure - Jury.
8		If at the separate sentencing proceeding the jury finds
9		that none of the factors set forth in subsection (b) exists,
10		the court shall sentence the defendant to a term of
11		imprisonment under Chapter V of the Unified Code of
12		Corrections. If there is a unanimous finding by the jury that
13		one or more of the factors set forth in subsection (b) exist,
14		the jury shall consider aggravating and mitigating factors as
15		instructed by the court and shall determine whether the
16		sentence of death shall be imposed. If the jury determines
17		unanimously, after weighing the factors in aggravation and
18		mitigation, that death is the appropriate sentence, the court
19		shall sentence the defendant to death. If the court does not
20		concur with the jury determination that death is the
21		appropriate sentence, the court shall set forth reasons in
22		writing including what facts or circumstances the court relied
23		upon, along with any relevant documents, that compelled the
24		court to non-concur with the sentence. This document and any
25		attachments shall be part of the record for appellate review.
26		The court shall be bound by the jury's sentencing

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1		determination.
2		If after weighing the factors in aggravation and
3		mitigation, one or more jurors determines that death is not the
4		appropriate sentence, the court shall sentence the defendant to
5		a term of imprisonment under Chapter V of the Unified Code of
6		Corrections.
7		(h) Procedure - No Jury.
8		In a proceeding before the court alone, if the court finds
9		that none of the factors found in subsection (b) exists, the
10		court shall sentence the defendant to a term of imprisonment
11		under Chapter V of the Unified Code of Corrections.
12		If the Court determines that one or more of the factors set
13		forth in subsection (b) exists, the Court shall consider any
14		aggravating and mitigating factors as indicated in subsection
15		(c). If the Court determines, after weighing the factors in
16		aggravation and mitigation, that death is the appropriate
17		sentence, the Court shall sentence the defendant to death.
18		If the court finds that death is not the appropriate
19		sentence, the court shall sentence the defendant to a term of
20		imprisonment under Chapter V of the Unified Code of
21		Corrections.
22		(h-5) Decertification as a capital case.
23		In a case in which the defendant has been found guilty of
24		first degree murder by a judge or jury, or a case on remand for
25		resentencing, and the State seeks the death penalty as an
26		appropriate sentence, on the court's own motion or the written

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1		motion of the defendant, the court may decertify the case as a
2		death penalty case if the court finds that the only evidence
3		supporting the defendant's conviction is the uncorroborated
4		testimony of an informant witness, as defined in Section 115-21
5		of the Code of Criminal Procedure of 1963, concerning the
6		confession or admission of the defendant or that the sole
7		evidence against the defendant is a single eyewitness or single
8		accomplice without any other corroborating evidence. If the
9		court decertifies the case as a capital case under either of
10		the grounds set forth above, the court shall issue a written
11		finding. The State may pursue its right to appeal the
12		decertification pursuant to Supreme Court Rule 604(a)(1). If
13		the court does not decertify the case as a capital case, the
14		matter shall proceed to the eligibility phase of the sentencing
15		hearing.
16		(i) Appellate Procedure.
17		The conviction and sentence of death shall be subject to
18		automatic review by the Supreme Court. Such review shall be in
19		accordance with rules promulgated by the Supreme Court. The
20		Illinois Supreme Court may overturn the death sentence, and
21		order the imposition of imprisonment under Chapter V of the
22		Unified Code of Corrections if the court finds that the death
23		sentence is fundamentally unjust as applied to the particular
24		case. If the Illinois Supreme Court finds that the death
25		sentence is fundamentally unjust as applied to the particular
26		case, independent of any procedural grounds for relief, the

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1		Illinois Supreme Court shall issue a written opinion explaining
2		this finding.
3		(j) Disposition of reversed death sentence.
4		In the event that the death penalty in this Act is held to
5		be unconstitutional by the Supreme Court of the United States
6		or of the State of Illinois, any person convicted of first
7		degree murder shall be sentenced by the court to a term of
8		imprisonment under Chapter V of the Unified Code of
9		Corrections.
10		In the event that any death sentence pursuant to the
11		sentencing provisions of this Section is declared
12		unconstitutional by the Supreme Court of the United States or
13		of the State of Illinois, the court having jurisdiction over a
14		person previously sentenced to death shall cause the defendant
15		to be brought before the court, and the court shall sentence
16		the defendant to a term of imprisonment under Chapter V of the
17		Unified Code of Corrections.
18		(k) Guidelines for seeking the death penalty.
19		The Attorney General and State's Attorneys Association
20		shall consult on voluntary guidelines for procedures governing
21		whether or not to seek the death penalty. The guidelines do not
22		have the force of law and are only advisory in nature.
23		(Source: P.A. 96-710, eff. 1-1-10; 96-1475, eff. 1-1-11.)
24		(720 ILCS 5/10-1) (from Ch. 38, par. 10-1)
25		Sec. 10-1. Kidnapping.

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1		(a) A person commits the offense of kidnapping when he or
2		she knowingly:
3		(1) and secretly confines another against his or her
4		will;
5		(2) by force or threat of imminent force carries
6		another from one place to another with intent secretly to
7		confine that other person against his or her will; or
8		(3) by deceit or enticement induces another to go from
9		one place to another with intent secretly to confine that
10		other person against his or her will.
11		(b) Confinement of a child under the age of 13 years, or of
12		a person with a severe or profound intellectual disability
13		severely or profoundly intellectually disabled person, is
14		against that child's or person's will within the meaning of
15		this Section if that confinement is without the consent of that
16		child's or person's parent or legal guardian.
17		(c) Sentence. Kidnapping is a Class 2 felony.
18		(Source: P.A. 96-710, eff. 1-1-10; 97-227, eff. 1-1-12.)
19		(720 ILCS 5/10-2) (from Ch. 38, par. 10-2)
20		Sec. 10-2. Aggravated kidnaping.
21		(a) A person commits the offense of aggravated kidnaping
22		when he or she commits kidnapping and:
23		(1) kidnaps with the intent to obtain ransom from the
24		person kidnaped or from any other person;
25		(2) takes as his or her victim a child under the age of

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1		13 years, or a person with a severe or profound
2		intellectual disability severely or profoundly
3		intellectually disabled person;
4		(3) inflicts great bodily harm, other than by the
5		discharge of a firearm, or commits another felony upon his
6		or her victim;
7		(4) wears a hood, robe, or mask or conceals his or her
8		identity;
9		(5) commits the offense of kidnaping while armed with a
10		dangerous weapon, other than a firearm, as defined in
11		Section 33A-1 of this Code;
12		(6) commits the offense of kidnaping while armed with a
13		firearm;
14		(7) during the commission of the offense of kidnaping,
15		personally discharges a firearm; or
16		(8) during the commission of the offense of kidnaping,
17		personally discharges a firearm that proximately causes
18		great bodily harm, permanent disability, permanent
19		disfigurement, or death to another person.
20		As used in this Section, "ransom" includes money, benefit,
21		or other valuable thing or concession.
22		(b) Sentence. Aggravated kidnaping in violation of
23		paragraph (1), (2), (3), (4), or (5) of subsection (a) is a
24		Class X felony. A violation of subsection (a)(6) is a Class X
25		felony for which 15 years shall be added to the term of
26		imprisonment imposed by the court. A violation of subsection

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1		(a)(7) is a Class X felony for which 20 years shall be added to
2		the term of imprisonment imposed by the court. A violation of
3		subsection (a)(8) is a Class X felony for which 25 years or up
4		to a term of natural life shall be added to the term of
5		imprisonment imposed by the court.
6		A person who is convicted of a second or subsequent offense
7		of aggravated kidnaping shall be sentenced to a term of natural
8		life imprisonment; except that a sentence of natural life
9		imprisonment shall not be imposed under this Section unless the
10		second or subsequent offense was committed after conviction on
11		the first offense.
12		(Source: P.A. 96-710, eff. 1-1-10; 97-227, eff. 1-1-12.)
13		(720 ILCS 5/10-5) (from Ch. 38, par. 10-5)
14		Sec. 10-5. Child abduction.
15		(a) For purposes of this Section, the following terms have
16		the following meanings:
17		(1) "Child" means a person who, at the time the alleged
18		violation occurred, was under the age of 18 or was a person
19		with a severe or profound intellectual disability severely
20		or profoundly intellectually disabled.
21		(2) "Detains" means taking or retaining physical
22		custody of a child, whether or not the child resists or
23		objects.
24		(2.1) "Express consent" means oral or written
25		permission that is positive, direct, and unequivocal,

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1		requiring no inference or implication to supply its
2		meaning.
3		(2.2) "Luring" means any knowing act to solicit,
4		entice, tempt, or attempt to attract the minor.
5		(3) "Lawful custodian" means a person or persons
6		granted legal custody of a child or entitled to physical
7		possession of a child pursuant to a court order. It is
8		presumed that, when the parties have never been married to
9		each other, the mother has legal custody of the child
10		unless a valid court order states otherwise. If an
11		adjudication of paternity has been completed and the father
12		has been assigned support obligations or visitation
13		rights, such a paternity order should, for the purposes of
14		this Section, be considered a valid court order granting
15		custody to the mother.
16		(4) "Putative father" means a man who has a reasonable
17		belief that he is the father of a child born of a woman who
18		is not his wife.
19		(5) "Unlawful purpose" means any misdemeanor or felony
20		violation of State law or a similar federal or sister state
21		law or local ordinance.
22		(b) A person commits the offense of child abduction when he
23		or she does any one of the following:
24		(1) Intentionally violates any terms of a valid court
25		order granting sole or joint custody, care, or possession
26		to another by concealing or detaining the child or removing

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1		the child from the jurisdiction of the court.
2		(2) Intentionally violates a court order prohibiting
3		the person from concealing or detaining the child or
4		removing the child from the jurisdiction of the court.
5		(3) Intentionally conceals, detains, or removes the
6		child without the consent of the mother or lawful custodian
7		of the child if the person is a putative father and either:
8		(A) the paternity of the child has not been legally
9		established or (B) the paternity of the child has been
10		legally established but no orders relating to custody have
11		been entered. Notwithstanding the presumption created by
12		paragraph (3) of subsection (a), however, a mother commits
13		child abduction when she intentionally conceals or removes
14		a child, whom she has abandoned or relinquished custody of,
15		from an unadjudicated father who has provided sole ongoing
16		care and custody of the child in her absence.
17		(4) Intentionally conceals or removes the child from a
18		parent after filing a petition or being served with process
19		in an action affecting marriage or paternity but prior to
20		the issuance of a temporary or final order determining
21		custody.
22		(5) At the expiration of visitation rights outside the
23		State, intentionally fails or refuses to return or impedes
24		the return of the child to the lawful custodian in
25		Illinois.
26		(6) Being a parent of the child, and if the parents of

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1		that child are or have been married and there has been no
2		court order of custody, knowingly conceals the child for 15
3		days, and fails to make reasonable attempts within the
4		15-day period to notify the other parent as to the specific
5		whereabouts of the child, including a means by which to
6		contact the child, or to arrange reasonable visitation or
7		contact with the child. It is not a violation of this
8		Section for a person fleeing domestic violence to take the
9		child with him or her to housing provided by a domestic
10		violence program.
11		(7) Being a parent of the child, and if the parents of
12		the child are or have been married and there has been no
13		court order of custody, knowingly conceals, detains, or
14		removes the child with physical force or threat of physical
15		force.
16		(8) Knowingly conceals, detains, or removes the child
17		for payment or promise of payment at the instruction of a
18		person who has no legal right to custody.
19		(9) Knowingly retains in this State for 30 days a child
20		removed from another state without the consent of the
21		lawful custodian or in violation of a valid court order of
22		custody.
23		(10) Intentionally lures or attempts to lure a child:
24		(A) under the age of 17 or (B) while traveling to or from a
25		primary or secondary school into a motor vehicle, building,
26		housetrailer, or dwelling place without the consent of the

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1		child's parent or lawful custodian for other than a lawful
2		purpose. For the purposes of this item (10), the trier of
3		fact may infer that luring or attempted luring of a child
4		under the age of 17 into a motor vehicle, building,
5		housetrailer, or dwelling place without the express
6		consent of the child's parent or lawful custodian or with
7		the intent to avoid the express consent of the child's
8		parent or lawful custodian was for other than a lawful
9		purpose.
10		(11) With the intent to obstruct or prevent efforts to
11		locate the child victim of a child abduction, knowingly
12		destroys, alters, conceals, or disguises physical evidence
13		or furnishes false information.
14		(c) It is an affirmative defense to subsections (b)(1)
15		through (b)(10) of this Section that:
16		(1) the person had custody of the child pursuant to a
17		court order granting legal custody or visitation rights
18		that existed at the time of the alleged violation;
19		(2) the person had physical custody of the child
20		pursuant to a court order granting legal custody or
21		visitation rights and failed to return the child as a
22		result of circumstances beyond his or her control, and the
23		person notified and disclosed to the other parent or legal
24		custodian the specific whereabouts of the child and a means
25		by which the child could be contacted or made a reasonable
26		attempt to notify the other parent or lawful custodian of

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1		the child of those circumstances and made the disclosure
2		within 24 hours after the visitation period had expired and
3		returned the child as soon as possible;
4		(3) the person was fleeing an incidence or pattern of
5		domestic violence; or
6		(4) the person lured or attempted to lure a child under
7		the age of 17 into a motor vehicle, building, housetrailer,
8		or dwelling place for a lawful purpose in prosecutions
9		under paragraph (10) of subsection (b).
10		(d) A person convicted of child abduction under this
11		Section is guilty of a Class 4 felony. A person convicted of
12		child abduction under subsection (b)(10) shall undergo a sex
13		offender evaluation prior to a sentence being imposed. A person
14		convicted of a second or subsequent violation of paragraph (10)
15		of subsection (b) of this Section is guilty of a Class 3
16		felony. A person convicted of child abduction under subsection
17		(b)(10) when the person has a prior conviction of a sex offense
18		as defined in the Sex Offender Registration Act or any
19		substantially similar federal, Uniform Code of Military
20		Justice, sister state, or foreign government offense is guilty
21		of a Class 2 felony. It is a factor in aggravation under
22		subsections (b)(1) through (b)(10) of this Section for which a
23		court may impose a more severe sentence under Section 5-8-1
24		(730 ILCS 5/5-8-1) or Article 4.5 of Chapter V of the Unified
25		Code of Corrections if, upon sentencing, the court finds
26		evidence of any of the following aggravating factors:

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1		(1) that the defendant abused or neglected the child
2		following the concealment, detention, or removal of the
3		child;
4		(2) that the defendant inflicted or threatened to
5		inflict physical harm on a parent or lawful custodian of
6		the child or on the child with intent to cause that parent
7		or lawful custodian to discontinue criminal prosecution of
8		the defendant under this Section;
9		(3) that the defendant demanded payment in exchange for
10		return of the child or demanded that he or she be relieved
11		of the financial or legal obligation to support the child
12		in exchange for return of the child;
13		(4) that the defendant has previously been convicted of
14		child abduction;
15		(5) that the defendant committed the abduction while
16		armed with a deadly weapon or the taking of the child
17		resulted in serious bodily injury to another; or
18		(6) that the defendant committed the abduction while in
19		a school, regardless of the time of day or time of year; in
20		a playground; on any conveyance owned, leased, or
21		contracted by a school to transport students to or from
22		school or a school related activity; on the real property
23		of a school; or on a public way within 1,000 feet of the
24		real property comprising any school or playground. For
25		purposes of this paragraph (6), "playground" means a piece
26		of land owned or controlled by a unit of local government

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1		that is designated by the unit of local government for use
2		solely or primarily for children's recreation; and
3		"school" means a public or private elementary or secondary
4		school, community college, college, or university.
5		(e) The court may order the child to be returned to the
6		parent or lawful custodian from whom the child was concealed,
7		detained, or removed. In addition to any sentence imposed, the
8		court may assess any reasonable expense incurred in searching
9		for or returning the child against any person convicted of
10		violating this Section.
11		(f) Nothing contained in this Section shall be construed to
12		limit the court's contempt power.
13		(g) Every law enforcement officer investigating an alleged
14		incident of child abduction shall make a written police report
15		of any bona fide allegation and the disposition of that
16		investigation. Every police report completed pursuant to this
17		Section shall be compiled and recorded within the meaning of
18		Section 5.1 of the Criminal Identification Act.
19		(h) Whenever a law enforcement officer has reasons to
20		believe a child abduction has occurred, she or he shall provide
21		the lawful custodian a summary of her or his rights under this
22		Code, including the procedures and relief available to her or
23		him.
24		(i) If during the course of an investigation under this
25		Section the child is found in the physical custody of the
26		defendant or another, the law enforcement officer shall return

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1		the child to the parent or lawful custodian from whom the child
2		was concealed, detained, or removed, unless there is good cause
3		for the law enforcement officer or the Department of Children
4		and Family Services to retain temporary protective custody of
5		the child pursuant to the Abused and Neglected Child Reporting
6		Act.
7		(Source: P.A. 96-710, eff. 1-1-10; 96-1000, eff. 7-2-10;
8		97-160, eff. 1-1-12; 97-227, eff. 1-1-12; 97-813, eff. 7-13-12;
9		97-998, eff. 1-1-13.)
10		(720 ILCS 5/11-1.30) (was 720 ILCS 5/12-14)
11		Sec. 11-1.30. Aggravated Criminal Sexual Assault.
12		(a) A person commits aggravated criminal sexual assault if
13		that person commits criminal sexual assault and any of the
14		following aggravating circumstances exist during the
15		commission of the offense or, for purposes of paragraph (7),
16		occur as part of the same course of conduct as the commission
17		of the offense:
18		(1) the person displays, threatens to use, or uses a
19		dangerous weapon, other than a firearm, or any other object
20		fashioned or used in a manner that leads the victim, under
21		the circumstances, reasonably to believe that the object is
22		a dangerous weapon;
23		(2) the person causes bodily harm to the victim, except
24		as provided in paragraph (10);
25		(3) the person acts in a manner that threatens or

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1		endangers the life of the victim or any other person;
2		(4) the person commits the criminal sexual assault
3		during the course of committing or attempting to commit any
4		other felony;
5		(5) the victim is 60 years of age or older;
6		(6) the victim is a person with a physical disability
7		physically handicapped person;
8		(7) the person delivers (by injection, inhalation,
9		ingestion, transfer of possession, or any other means) any
10		controlled substance to the victim without the victim's
11		consent or by threat or deception for other than medical
12		purposes;
13		(8) the person is armed with a firearm;
14		(9) the person personally discharges a firearm during
15		the commission of the offense; or
16		(10) the person personally discharges a firearm during
17		the commission of the offense, and that discharge
18		proximately causes great bodily harm, permanent
19		disability, permanent disfigurement, or death to another
20		person.
21		(b) A person commits aggravated criminal sexual assault if
22		that person is under 17 years of age and: (i) commits an act of
23		sexual penetration with a victim who is under 9 years of age;
24		or (ii) commits an act of sexual penetration with a victim who
25		is at least 9 years of age but under 13 years of age and the
26		person uses force or threat of force to commit the act.

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1		(c) A person commits aggravated criminal sexual assault if
2		that person commits an act of sexual penetration with a victim
3		who is a person with a severe or profound intellectual
4		disability severely or profoundly intellectually disabled
5		person.
6		(d) Sentence.
7		(1) Aggravated criminal sexual assault in violation of
8		paragraph (2), (3), (4), (5), (6), or (7) of subsection (a)
9		or in violation of subsection (b) or (c) is a Class X
10		felony. A violation of subsection (a)(1) is a Class X
11		felony for which 10 years shall be added to the term of
12		imprisonment imposed by the court. A violation of
13		subsection (a)(8) is a Class X felony for which 15 years
14		shall be added to the term of imprisonment imposed by the
15		court. A violation of subsection (a)(9) is a Class X felony
16		for which 20 years shall be added to the term of
17		imprisonment imposed by the court. A violation of
18		subsection (a)(10) is a Class X felony for which 25 years
19		or up to a term of natural life imprisonment shall be added
20		to the term of imprisonment imposed by the court.
21		(2) A person who is convicted of a second or subsequent
22		offense of aggravated criminal sexual assault, or who is
23		convicted of the offense of aggravated criminal sexual
24		assault after having previously been convicted of the
25		offense of criminal sexual assault or the offense of
26		predatory criminal sexual assault of a child, or who is

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1		convicted of the offense of aggravated criminal sexual
2		assault after having previously been convicted under the
3		laws of this or any other state of an offense that is
4		substantially equivalent to the offense of criminal sexual
5		assault, the offense of aggravated criminal sexual assault
6		or the offense of predatory criminal sexual assault of a
7		child, shall be sentenced to a term of natural life
8		imprisonment. The commission of the second or subsequent
9		offense is required to have been after the initial
10		conviction for this paragraph (2) to apply.
11		(Source: P.A. 96-1551, eff. 7-1-11; incorporates 97-227, eff.
12		1-1-12; 97-1109, eff. 1-1-13.)
13		(720 ILCS 5/11-1.60) (was 720 ILCS 5/12-16)
14		Sec. 11-1.60. Aggravated Criminal Sexual Abuse.
15		(a) A person commits aggravated criminal sexual abuse if
16		that person commits criminal sexual abuse and any of the
17		following aggravating circumstances exist (i) during the
18		commission of the offense or (ii) for purposes of paragraph
19		(7), as part of the same course of conduct as the commission of
20		the offense:
21		(1) the person displays, threatens to use, or uses a
22		dangerous weapon or any other object fashioned or used in a
23		manner that leads the victim, under the circumstances,
24		reasonably to believe that the object is a dangerous
25		weapon;

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1		(2) the person causes bodily harm to the victim;
2		(3) the victim is 60 years of age or older;
3		(4) the victim is a person with a physical disability
4		physically handicapped person;
5		(5) the person acts in a manner that threatens or
6		endangers the life of the victim or any other person;
7		(6) the person commits the criminal sexual abuse during
8		the course of committing or attempting to commit any other
9		felony; or
10		(7) the person delivers (by injection, inhalation,
11		ingestion, transfer of possession, or any other means) any
12		controlled substance to the victim for other than medical
13		purposes without the victim's consent or by threat or
14		deception.
15		(b) A person commits aggravated criminal sexual abuse if
16		that person commits an act of sexual conduct with a victim who
17		is under 18 years of age and the person is a family member.
18		(c) A person commits aggravated criminal sexual abuse if:
19		(1) that person is 17 years of age or over and: (i)
20		commits an act of sexual conduct with a victim who is under
21		13 years of age; or (ii) commits an act of sexual conduct
22		with a victim who is at least 13 years of age but under 17
23		years of age and the person uses force or threat of force
24		to commit the act; or
25		(2) that person is under 17 years of age and: (i)
26		commits an act of sexual conduct with a victim who is under

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1		9 years of age; or (ii) commits an act of sexual conduct
2		with a victim who is at least 9 years of age but under 17
3		years of age and the person uses force or threat of force
4		to commit the act.
5		(d) A person commits aggravated criminal sexual abuse if
6		that person commits an act of sexual penetration or sexual
7		conduct with a victim who is at least 13 years of age but under
8		17 years of age and the person is at least 5 years older than
9		the victim.
10		(e) A person commits aggravated criminal sexual abuse if
11		that person commits an act of sexual conduct with a victim who
12		is a person with a severe or profound intellectual disability
13		severely or profoundly intellectually disabled person.
14		(f) A person commits aggravated criminal sexual abuse if
15		that person commits an act of sexual conduct with a victim who
16		is at least 13 years of age but under 18 years of age and the
17		person is 17 years of age or over and holds a position of
18		trust, authority, or supervision in relation to the victim.
19		(g) Sentence. Aggravated criminal sexual abuse is a Class 2
20		felony.
21		(Source: P.A. 96-1551, eff. 7-1-11; incorporates 97-227, eff.
22		1-1-12; 97-1109, eff. 1-1-13.)
23		(720 ILCS 5/11-14.1)
24		Sec. 11-14.1. Solicitation of a sexual act.
25		(a) Any person who offers a person not his or her spouse

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1		any money, property, token, object, or article or anything of
2		value for that person or any other person not his or her spouse
3		to perform any act of sexual penetration as defined in Section
4		11-0.1 of this Code, or any touching or fondling of the sex
5		organs of one person by another person for the purpose of
6		sexual arousal or gratification, commits solicitation of a
7		sexual act.
8		(b) Sentence. Solicitation of a sexual act is a Class A
9		misdemeanor. Solicitation of a sexual act from a person who is
10		under the age of 18 or who is a person with a severe or profound
11		intellectual disability severely or profoundly intellectually
12		disabled is a Class 4 felony. If the court imposes a fine under
13		this subsection (b), it shall be collected and distributed to
14		the Specialized Services for Survivors of Human Trafficking
15		Fund in accordance with Section 5-9-1.21 of the Unified Code of
16		Corrections.
17		(b-5) It is an affirmative defense to a charge of
18		solicitation of a sexual act with a person who is under the age
19		of 18 or who is a person with a severe or profound intellectual
20		disability severely or profoundly intellectually disabled that
21		the accused reasonably believed the person was of the age of 18
22		years or over or was not a person with a severe or profound
23		intellectual disability severely or profoundly intellectually
24		disabled person at the time of the act giving rise to the
25		charge.
26		(c) This Section does not apply to a person engaged in

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1		prostitution who is under 18 years of age.
2		(d) A person cannot be convicted under this Section if the
3		practice of prostitution underlying the offense consists
4		exclusively of the accused's own acts of prostitution under
5		Section 11-14 of this Code.
6		(Source: P.A. 97-227, eff. 1-1-12; 97-1109, eff. 1-1-13;
7		98-1013, eff. 1-1-15.)
8		(720 ILCS 5/11-14.4)
9		Sec. 11-14.4. Promoting juvenile prostitution.
10		(a) Any person who knowingly performs any of the following
11		acts commits promoting juvenile prostitution:
12		(1) advances prostitution as defined in Section
13		11-0.1, where the minor engaged in prostitution, or any
14		person engaged in prostitution in the place, is under 18
15		years of age or is a person with a severe or profound
16		intellectual disability severely or profoundly
17		intellectually disabled at the time of the offense;
18		(2) profits from prostitution by any means where the
19		prostituted person is under 18 years of age or is a person
20		with a severe or profound intellectual disability severely
21		or profoundly intellectually disabled at the time of the
22		offense;
23		(3) profits from prostitution by any means where the
24		prostituted person is under 13 years of age at the time of
25		the offense;

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1		(4) confines a child under the age of 18 or a person
2		with a severe or profound intellectual disability severely
3		or profoundly intellectually disabled person against his
4		or her will by the infliction or threat of imminent
5		infliction of great bodily harm or permanent disability or
6		disfigurement or by administering to the child or the
7		person with a severe or profound intellectual disability
8		severely or profoundly intellectually disabled person,
9		without his or her consent or by threat or deception and
10		for other than medical purposes, any alcoholic intoxicant
11		or a drug as defined in the Illinois Controlled Substances
12		Act or the Cannabis Control Act or methamphetamine as
13		defined in the Methamphetamine Control and Community
14		Protection Act and:
15		(A) compels the child or the person with a severe
16		or profound intellectual disability severely or
17		profoundly intellectually disabled person to engage in
18		prostitution;
19		(B) arranges a situation in which the child or the
20		person with a severe or profound intellectual
21		disability severely or profoundly intellectually
22		disabled person may practice prostitution; or
23		(C) profits from prostitution by the child or the
24		person with a severe or profound intellectual
25		disability severely or profoundly intellectually
26		disabled person.

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1		(b) For purposes of this Section, administering drugs, as
2		defined in subdivision (a)(4), or an alcoholic intoxicant to a
3		child under the age of 13 or a person with a severe or profound
4		intellectual disability severely or profoundly intellectually
5		disabled person shall be deemed to be without consent if the
6		administering is done without the consent of the parents or
7		legal guardian or if the administering is performed by the
8		parents or legal guardian for other than medical purposes.
9		(c) If the accused did not have a reasonable opportunity to
10		observe the prostituted person, it is an affirmative defense to
11		a charge of promoting juvenile prostitution, except for a
12		charge under subdivision (a)(4), that the accused reasonably
13		believed the person was of the age of 18 years or over or was
14		not a person with a severe or profound intellectual disability
15		severely or profoundly intellectually disabled person at the
16		time of the act giving rise to the charge.
17		(d) Sentence. A violation of subdivision (a)(1) is a Class
18		1 felony, unless committed within 1,000 feet of real property
19		comprising a school, in which case it is a Class X felony. A
20		violation of subdivision (a)(2) is a Class 1 felony. A
21		violation of subdivision (a)(3) is a Class X felony. A
22		violation of subdivision (a)(4) is a Class X felony, for which
23		the person shall be sentenced to a term of imprisonment of not
24		less than 6 years and not more than 60 years. A second or
25		subsequent violation of subdivision (a)(1), (a)(2), or (a)(3),
26		or any combination of convictions under subdivision (a)(1),

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1		(a)(2), or (a)(3) and Sections 11-14 (prostitution), 11-14.1
2		(solicitation of a sexual act), 11-14.3 (promoting
3		prostitution), 11-15 (soliciting for a prostitute), 11-15.1
4		(soliciting for a juvenile prostitute), 11-16 (pandering),
5		11-17 (keeping a place of prostitution), 11-17.1 (keeping a
6		place of juvenile prostitution), 11-18 (patronizing a
7		prostitute), 11-18.1 (patronizing a juvenile prostitute),
8		11-19 (pimping), 11-19.1 (juvenile pimping or aggravated
9		juvenile pimping), or 11-19.2 (exploitation of a child) of this
10		Code, is a Class X felony.
11		(e) Forfeiture. Any person convicted of a violation of this
12		Section that involves promoting juvenile prostitution by
13		keeping a place of juvenile prostitution or convicted of a
14		violation of subdivision (a)(4) is subject to the property
15		forfeiture provisions set forth in Article 124B of the Code of
16		Criminal Procedure of 1963.
17		(f) For the purposes of this Section, "prostituted person"
18		means any person who engages in, or agrees or offers to engage
19		in, any act of sexual penetration as defined in Section 11-0.1
20		of this Code for any money, property, token, object, or article
21		or anything of value, or any touching or fondling of the sex
22		organs of one person by another person, for any money,
23		property, token, object, or article or anything of value, for
24		the purpose of sexual arousal or gratification.
25		(Source: P.A. 96-1551, eff. 7-1-11; incorporates 97-227, eff.
26		1-1-12; 97-1109, eff. 1-1-13.)

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1		(720 ILCS 5/11-18.1) (from Ch. 38, par. 11-18.1)
2		Sec. 11-18.1. Patronizing a minor engaged in prostitution.
3		(a) Any person who engages in an act of sexual penetration
4		as defined in Section 11-0.1 of this Code with a person engaged
5		in prostitution who is under 18 years of age or is a person
6		with a severe or profound intellectual disability severely or
7		profoundly intellectually disabled person commits patronizing
8		a minor engaged in prostitution.
9		(a-5) Any person who engages in any touching or fondling,
10		with a person engaged in prostitution who either is under 18
11		years of age or is a person with a severe or profound
12		intellectual disability severely or profoundly intellectually
13		disabled person, of the sex organs of one person by the other
14		person, with the intent to achieve sexual arousal or
15		gratification, commits patronizing a minor engaged in
16		prostitution.
17		(b) It is an affirmative defense to the charge of
18		patronizing a minor engaged in prostitution that the accused
19		reasonably believed that the person was of the age of 18 years
20		or over or was not a person with a severe or profound
21		intellectual disability severely or profoundly intellectually
22		disabled person at the time of the act giving rise to the
23		charge.
24		(c) Sentence. A person who commits patronizing a juvenile
25		prostitute is guilty of a Class 3 felony, unless committed

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1		within 1,000 feet of real property comprising a school, in
2		which case it is a Class 2 felony. A person convicted of a
3		second or subsequent violation of this Section, or of any
4		combination of such number of convictions under this Section
5		and Sections 11-14 (prostitution), 11-14.1 (solicitation of a
6		sexual act), 11-14.3 (promoting prostitution), 11-14.4
7		(promoting juvenile prostitution), 11-15 (soliciting for a
8		prostitute), 11-15.1 (soliciting for a juvenile prostitute),
9		11-16 (pandering), 11-17 (keeping a place of prostitution),
10		11-17.1 (keeping a place of juvenile prostitution), 11-18
11		(patronizing a prostitute), 11-19 (pimping), 11-19.1 (juvenile
12		pimping or aggravated juvenile pimping), or 11-19.2
13		(exploitation of a child) of this Code, is guilty of a Class 2
14		felony. The fact of such conviction is not an element of the
15		offense and may not be disclosed to the jury during trial
16		unless otherwise permitted by issues properly raised during
17		such trial.
18		(Source: P.A. 96-1464, eff. 8-20-10; 96-1551, eff. 7-1-11;
19		97-227, eff. 1-1-12; 97-1109, eff. 1-1-13.)
20		(720 ILCS 5/11-20.1) (from Ch. 38, par. 11-20.1)
21		Sec. 11-20.1. Child pornography.
22		(a) A person commits child pornography who:
23		(1) films, videotapes, photographs, or otherwise
24		depicts or portrays by means of any similar visual medium
25		or reproduction or depicts by computer any child whom he or

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1		she knows or reasonably should know to be under the age of
2		18 or any person with a severe or profound intellectual
3		disability severely or profoundly intellectually disabled
4		person where such child or person with a severe or profound
5		intellectual disability severely or profoundly
6		intellectually disabled person is:
7		(i) actually or by simulation engaged in any act of
8		sexual penetration or sexual conduct with any person or
9		animal; or
10		(ii) actually or by simulation engaged in any act
11		of sexual penetration or sexual conduct involving the
12		sex organs of the child or person with a severe or
13		profound intellectual disability severely or
14		profoundly intellectually disabled person and the
15		mouth, anus, or sex organs of another person or animal;
16		or which involves the mouth, anus or sex organs of the
17		child or person with a severe or profound intellectual
18		disability severely or profoundly intellectually
19		disabled person and the sex organs of another person or
20		animal; or
21		(iii) actually or by simulation engaged in any act
22		of masturbation; or
23		(iv) actually or by simulation portrayed as being
24		the object of, or otherwise engaged in, any act of lewd
25		fondling, touching, or caressing involving another
26		person or animal; or

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1		(v) actually or by simulation engaged in any act of
2		excretion or urination within a sexual context; or
3		(vi) actually or by simulation portrayed or
4		depicted as bound, fettered, or subject to sadistic,
5		masochistic, or sadomasochistic abuse in any sexual
6		context; or
7		(vii) depicted or portrayed in any pose, posture or
8		setting involving a lewd exhibition of the unclothed or
9		transparently clothed genitals, pubic area, buttocks,
10		or, if such person is female, a fully or partially
11		developed breast of the child or other person; or
12		(2) with the knowledge of the nature or content
13		thereof, reproduces, disseminates, offers to disseminate,
14		exhibits or possesses with intent to disseminate any film,
15		videotape, photograph or other similar visual reproduction
16		or depiction by computer of any child or person with a
17		severe or profound intellectual disability severely or
18		profoundly intellectually disabled person whom the person
19		knows or reasonably should know to be under the age of 18
20		or to be a person with a severe or profound intellectual
21		disability severely or profoundly intellectually disabled
22		person, engaged in any activity described in subparagraphs
23		(i) through (vii) of paragraph (1) of this subsection; or
24		(3) with knowledge of the subject matter or theme
25		thereof, produces any stage play, live performance, film,
26		videotape or other similar visual portrayal or depiction by

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1		computer which includes a child whom the person knows or
2		reasonably should know to be under the age of 18 or a
3		person with a severe or profound intellectual disability
4		severely or profoundly intellectually disabled person
5		engaged in any activity described in subparagraphs (i)
6		through (vii) of paragraph (1) of this subsection; or
7		(4) solicits, uses, persuades, induces, entices, or
8		coerces any child whom he or she knows or reasonably should
9		know to be under the age of 18 or a person with a severe or
10		profound intellectual disability severely or profoundly
11		intellectually disabled person to appear in any stage play,
12		live presentation, film, videotape, photograph or other
13		similar visual reproduction or depiction by computer in
14		which the child or person with a severe or profound
15		intellectual disability severely or profoundly
16		intellectually disabled person is or will be depicted,
17		actually or by simulation, in any act, pose or setting
18		described in subparagraphs (i) through (vii) of paragraph
19		(1) of this subsection; or
20		(5) is a parent, step-parent, legal guardian or other
21		person having care or custody of a child whom the person
22		knows or reasonably should know to be under the age of 18
23		or a person with a severe or profound intellectual
24		disability severely or profoundly intellectually disabled
25		person and who knowingly permits, induces, promotes, or
26		arranges for such child or person with a severe or profound

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1		intellectual disability severely or profoundly
2		intellectually disabled person to appear in any stage play,
3		live performance, film, videotape, photograph or other
4		similar visual presentation, portrayal or simulation or
5		depiction by computer of any act or activity described in
6		subparagraphs (i) through (vii) of paragraph (1) of this
7		subsection; or
8		(6) with knowledge of the nature or content thereof,
9		possesses any film, videotape, photograph or other similar
10		visual reproduction or depiction by computer of any child
11		or person with a severe or profound intellectual disability
12		severely or profoundly intellectually disabled person whom
13		the person knows or reasonably should know to be under the
14		age of 18 or to be a person with a severe or profound
15		intellectual disability severely or profoundly
16		intellectually disabled person, engaged in any activity
17		described in subparagraphs (i) through (vii) of paragraph
18		(1) of this subsection; or
19		(7) solicits, or knowingly uses, persuades, induces,
20		entices, or coerces, a person to provide a child under the
21		age of 18 or a person with a severe or profound
22		intellectual disability severely or profoundly
23		intellectually disabled person to appear in any videotape,
24		photograph, film, stage play, live presentation, or other
25		similar visual reproduction or depiction by computer in
26		which the child or person with a severe or profound

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1		intellectual disability severely or profoundly
2		intellectually disabled person will be depicted, actually
3		or by simulation, in any act, pose, or setting described in
4		subparagraphs (i) through (vii) of paragraph (1) of this
5		subsection.
6		(a-5) The possession of each individual film, videotape,
7		photograph, or other similar visual reproduction or depiction
8		by computer in violation of this Section constitutes a single
9		and separate violation. This subsection (a-5) does not apply to
10		multiple copies of the same film, videotape, photograph, or
11		other similar visual reproduction or depiction by computer that
12		are identical to each other.
13		(b)(1) It shall be an affirmative defense to a charge of
14		child pornography that the defendant reasonably believed,
15		under all of the circumstances, that the child was 18 years of
16		age or older or that the person was not a person with a severe
17		or profound intellectual disability severely or profoundly
18		intellectually disabled person but only where, prior to the act
19		or acts giving rise to a prosecution under this Section, he or
20		she took some affirmative action or made a bonafide inquiry
21		designed to ascertain whether the child was 18 years of age or
22		older or that the person was not a person with a severe or
23		profound intellectual disability severely or profoundly
24		intellectually disabled person and his or her reliance upon the
25		information so obtained was clearly reasonable.
26		(1.5) Telecommunications carriers, commercial mobile

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1		service providers, and providers of information services,
2		including, but not limited to, Internet service providers and
3		hosting service providers, are not liable under this Section by
4		virtue of the transmission, storage, or caching of electronic
5		communications or messages of others or by virtue of the
6		provision of other related telecommunications, commercial
7		mobile services, or information services used by others in
8		violation of this Section.
9		(2) (Blank).
10		(3) The charge of child pornography shall not apply to the
11		performance of official duties by law enforcement or
12		prosecuting officers or persons employed by law enforcement or
13		prosecuting agencies, court personnel or attorneys, nor to
14		bonafide treatment or professional education programs
15		conducted by licensed physicians, psychologists or social
16		workers.
17		(4) If the defendant possessed more than one of the same
18		film, videotape or visual reproduction or depiction by computer
19		in which child pornography is depicted, then the trier of fact
20		may infer that the defendant possessed such materials with the
21		intent to disseminate them.
22		(5) The charge of child pornography does not apply to a
23		person who does not voluntarily possess a film, videotape, or
24		visual reproduction or depiction by computer in which child
25		pornography is depicted. Possession is voluntary if the
26		defendant knowingly procures or receives a film, videotape, or

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1		visual reproduction or depiction for a sufficient time to be
2		able to terminate his or her possession.
3		(6) Any violation of paragraph (1), (2), (3), (4), (5), or
4		(7) of subsection (a) that includes a child engaged in,
5		solicited for, depicted in, or posed in any act of sexual
6		penetration or bound, fettered, or subject to sadistic,
7		masochistic, or sadomasochistic abuse in a sexual context shall
8		be deemed a crime of violence.
9		(c) If the violation does not involve a film, videotape, or
10		other moving depiction, a violation of paragraph (1), (4), (5),
11		or (7) of subsection (a) is a Class 1 felony with a mandatory
12		minimum fine of $2,000 and a maximum fine of $100,000. If the
13		violation involves a film, videotape, or other moving
14		depiction, a violation of paragraph (1), (4), (5), or (7) of
15		subsection (a) is a Class X felony with a mandatory minimum
16		fine of $2,000 and a maximum fine of $100,000. If the violation
17		does not involve a film, videotape, or other moving depiction,
18		a violation of paragraph (3) of subsection (a) is a Class 1
19		felony with a mandatory minimum fine of $1500 and a maximum
20		fine of $100,000. If the violation involves a film, videotape,
21		or other moving depiction, a violation of paragraph (3) of
22		subsection (a) is a Class X felony with a mandatory minimum
23		fine of $1500 and a maximum fine of $100,000. If the violation
24		does not involve a film, videotape, or other moving depiction,
25		a violation of paragraph (2) of subsection (a) is a Class 1
26		felony with a mandatory minimum fine of $1000 and a maximum

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1		fine of $100,000. If the violation involves a film, videotape,
2		or other moving depiction, a violation of paragraph (2) of
3		subsection (a) is a Class X felony with a mandatory minimum
4		fine of $1000 and a maximum fine of $100,000. If the violation
5		does not involve a film, videotape, or other moving depiction,
6		a violation of paragraph (6) of subsection (a) is a Class 3
7		felony with a mandatory minimum fine of $1000 and a maximum
8		fine of $100,000. If the violation involves a film, videotape,
9		or other moving depiction, a violation of paragraph (6) of
10		subsection (a) is a Class 2 felony with a mandatory minimum
11		fine of $1000 and a maximum fine of $100,000.
12		(c-5) Where the child depicted is under the age of 13, a
13		violation of paragraph (1), (2), (3), (4), (5), or (7) of
14		subsection (a) is a Class X felony with a mandatory minimum
15		fine of $2,000 and a maximum fine of $100,000. Where the child
16		depicted is under the age of 13, a violation of paragraph (6)
17		of subsection (a) is a Class 2 felony with a mandatory minimum
18		fine of $1,000 and a maximum fine of $100,000. Where the child
19		depicted is under the age of 13, a person who commits a
20		violation of paragraph (1), (2), (3), (4), (5), or (7) of
21		subsection (a) where the defendant has previously been
22		convicted under the laws of this State or any other state of
23		the offense of child pornography, aggravated child
24		pornography, aggravated criminal sexual abuse, aggravated
25		criminal sexual assault, predatory criminal sexual assault of a
26		child, or any of the offenses formerly known as rape, deviate

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1		sexual assault, indecent liberties with a child, or aggravated
2		indecent liberties with a child where the victim was under the
3		age of 18 years or an offense that is substantially equivalent
4		to those offenses, is guilty of a Class X felony for which the
5		person shall be sentenced to a term of imprisonment of not less
6		than 9 years with a mandatory minimum fine of $2,000 and a
7		maximum fine of $100,000. Where the child depicted is under the
8		age of 13, a person who commits a violation of paragraph (6) of
9		subsection (a) where the defendant has previously been
10		convicted under the laws of this State or any other state of
11		the offense of child pornography, aggravated child
12		pornography, aggravated criminal sexual abuse, aggravated
13		criminal sexual assault, predatory criminal sexual assault of a
14		child, or any of the offenses formerly known as rape, deviate
15		sexual assault, indecent liberties with a child, or aggravated
16		indecent liberties with a child where the victim was under the
17		age of 18 years or an offense that is substantially equivalent
18		to those offenses, is guilty of a Class 1 felony with a
19		mandatory minimum fine of $1,000 and a maximum fine of
20		$100,000. The issue of whether the child depicted is under the
21		age of 13 is an element of the offense to be resolved by the
22		trier of fact.
23		(d) If a person is convicted of a second or subsequent
24		violation of this Section within 10 years of a prior
25		conviction, the court shall order a presentence psychiatric
26		examination of the person. The examiner shall report to the

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1		court whether treatment of the person is necessary.
2		(e) Any film, videotape, photograph or other similar visual
3		reproduction or depiction by computer which includes a child
4		under the age of 18 or a person with a severe or profound
5		intellectual disability severely or profoundly intellectually
6		disabled person engaged in any activity described in
7		subparagraphs (i) through (vii) or paragraph 1 of subsection
8		(a), and any material or equipment used or intended for use in
9		photographing, filming, printing, producing, reproducing,
10		manufacturing, projecting, exhibiting, depiction by computer,
11		or disseminating such material shall be seized and forfeited in
12		the manner, method and procedure provided by Section 36-1 of
13		this Code for the seizure and forfeiture of vessels, vehicles
14		and aircraft.
15		In addition, any person convicted under this Section is
16		subject to the property forfeiture provisions set forth in
17		Article 124B of the Code of Criminal Procedure of 1963.
18		(e-5) Upon the conclusion of a case brought under this
19		Section, the court shall seal all evidence depicting a victim
20		or witness that is sexually explicit. The evidence may be
21		unsealed and viewed, on a motion of the party seeking to unseal
22		and view the evidence, only for good cause shown and in the
23		discretion of the court. The motion must expressly set forth
24		the purpose for viewing the material. The State's attorney and
25		the victim, if possible, shall be provided reasonable notice of
26		the hearing on the motion to unseal the evidence. Any person

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1		entitled to notice of a hearing under this subsection (e-5) may
2		object to the motion.
3		(f) Definitions. For the purposes of this Section:
4		(1) "Disseminate" means (i) to sell, distribute,
5		exchange or transfer possession, whether with or without
6		consideration or (ii) to make a depiction by computer
7		available for distribution or downloading through the
8		facilities of any telecommunications network or through
9		any other means of transferring computer programs or data
10		to a computer.
11		(2) "Produce" means to direct, promote, advertise,
12		publish, manufacture, issue, present or show.
13		(3) "Reproduce" means to make a duplication or copy.
14		(4) "Depict by computer" means to generate or create,
15		or cause to be created or generated, a computer program or
16		data that, after being processed by a computer either alone
17		or in conjunction with one or more computer programs,
18		results in a visual depiction on a computer monitor,
19		screen, or display.
20		(5) "Depiction by computer" means a computer program or
21		data that, after being processed by a computer either alone
22		or in conjunction with one or more computer programs,
23		results in a visual depiction on a computer monitor,
24		screen, or display.
25		(6) "Computer", "computer program", and "data" have
26		the meanings ascribed to them in Section 16D-2 of this

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1		Code.
2		(7) For the purposes of this Section, "child
3		pornography" includes a film, videotape, photograph, or
4		other similar visual medium or reproduction or depiction by
5		computer that is, or appears to be, that of a person,
6		either in part, or in total, under the age of 18 or a
7		person with a severe or profound intellectual disability
8		severely or profoundly intellectually disabled person,
9		regardless of the method by which the film, videotape,
10		photograph, or other similar visual medium or reproduction
11		or depiction by computer is created, adopted, or modified
12		to appear as such. "Child pornography" also includes a
13		film, videotape, photograph, or other similar visual
14		medium or reproduction or depiction by computer that is
15		advertised, promoted, presented, described, or distributed
16		in such a manner that conveys the impression that the film,
17		videotape, photograph, or other similar visual medium or
18		reproduction or depiction by computer is of a person under
19		the age of 18 or a person with a severe or profound
20		intellectual disability severely or profoundly
21		intellectually disabled person.
22		(g) Re-enactment; findings; purposes.
23		(1) The General Assembly finds and declares that:
24		(i) Section 50-5 of Public Act 88-680, effective
25		January 1, 1995, contained provisions amending the
26		child pornography statute, Section 11-20.1 of the

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1		Criminal Code of 1961. Section 50-5 also contained
2		other provisions.
3		(ii) In addition, Public Act 88-680 was entitled
4		"AN ACT to create a Safe Neighborhoods Law". (A)
5		Article 5 was entitled JUVENILE JUSTICE and amended the
6		Juvenile Court Act of 1987. (B) Article 15 was entitled
7		GANGS and amended various provisions of the Criminal
8		Code of 1961 and the Unified Code of Corrections. (C)
9		Article 20 was entitled ALCOHOL ABUSE and amended
10		various provisions of the Illinois Vehicle Code. (D)
11		Article 25 was entitled DRUG ABUSE and amended the
12		Cannabis Control Act and the Illinois Controlled
13		Substances Act. (E) Article 30 was entitled FIREARMS
14		and amended the Criminal Code of 1961 and the Code of
15		Criminal Procedure of 1963. (F) Article 35 amended the
16		Criminal Code of 1961, the Rights of Crime Victims and
17		Witnesses Act, and the Unified Code of Corrections. (G)
18		Article 40 amended the Criminal Code of 1961 to
19		increase the penalty for compelling organization
20		membership of persons. (H) Article 45 created the
21		Secure Residential Youth Care Facility Licensing Act
22		and amended the State Finance Act, the Juvenile Court
23		Act of 1987, the Unified Code of Corrections, and the
24		Private Correctional Facility Moratorium Act. (I)
25		Article 50 amended the WIC Vendor Management Act, the
26		Firearm Owners Identification Card Act, the Juvenile

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1		Court Act of 1987, the Criminal Code of 1961, the
2		Wrongs to Children Act, and the Unified Code of
3		Corrections.
4		(iii) On September 22, 1998, the Third District
5		Appellate Court in People v. Dainty, 701 N.E. 2d 118,
6		ruled that Public Act 88-680 violates the single
7		subject clause of the Illinois Constitution (Article
8		IV, Section 8 (d)) and was unconstitutional in its
9		entirety. As of the time this amendatory Act of 1999
10		was prepared, People v. Dainty was still subject to
11		appeal.
12		(iv) Child pornography is a vital concern to the
13		people of this State and the validity of future
14		prosecutions under the child pornography statute of
15		the Criminal Code of 1961 is in grave doubt.
16		(2) It is the purpose of this amendatory Act of 1999 to
17		prevent or minimize any problems relating to prosecutions
18		for child pornography that may result from challenges to
19		the constitutional validity of Public Act 88-680 by
20		re-enacting the Section relating to child pornography that
21		was included in Public Act 88-680.
22		(3) This amendatory Act of 1999 re-enacts Section
23		11-20.1 of the Criminal Code of 1961, as it has been
24		amended. This re-enactment is intended to remove any
25		question as to the validity or content of that Section; it
26		is not intended to supersede any other Public Act that

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1		amends the text of the Section as set forth in this
2		amendatory Act of 1999. The material is shown as existing
3		text (i.e., without underscoring) because, as of the time
4		this amendatory Act of 1999 was prepared, People v. Dainty
5		was subject to appeal to the Illinois Supreme Court.
6		(4) The re-enactment by this amendatory Act of 1999 of
7		Section 11-20.1 of the Criminal Code of 1961 relating to
8		child pornography that was amended by Public Act 88-680 is
9		not intended, and shall not be construed, to imply that
10		Public Act 88-680 is invalid or to limit or impair any
11		legal argument concerning whether those provisions were
12		substantially re-enacted by other Public Acts.
13		(Source: P.A. 97-157, eff. 1-1-12; 97-227, eff. 1-1-12; 97-995,
14		eff. 1-1-13; 97-1109, eff. 1-1-13; 98-437, eff. 1-1-14.)
15		(720 ILCS 5/12-0.1)
16		Sec. 12-0.1. Definitions. In this Article, unless the
17		context clearly requires otherwise:
18		"Bona fide labor dispute" means any controversy concerning
19		wages, salaries, hours, working conditions, or benefits,
20		including health and welfare, sick leave, insurance, and
21		pension or retirement provisions, the making or maintaining of
22		collective bargaining agreements, and the terms to be included
23		in those agreements.
24		"Coach" means a person recognized as a coach by the
25		sanctioning authority that conducts an athletic contest.

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1		"Correctional institution employee" means a person
2		employed by a penal institution.
3		"Emergency medical technician" includes a paramedic,
4		ambulance driver, first aid worker, hospital worker, or other
5		medical assistance worker.
6		"Family or household members" include spouses, former
7		spouses, parents, children, stepchildren, and other persons
8		related by blood or by present or prior marriage, persons who
9		share or formerly shared a common dwelling, persons who have or
10		allegedly have a child in common, persons who share or
11		allegedly share a blood relationship through a child, persons
12		who have or have had a dating or engagement relationship,
13		persons with disabilities and their personal assistants, and
14		caregivers as defined in Section 12-4.4a of this Code. For
15		purposes of this Article, neither a casual acquaintanceship nor
16		ordinary fraternization between 2 individuals in business or
17		social contexts shall be deemed to constitute a dating
18		relationship.
19		"In the presence of a child" means in the physical presence
20		of a child or knowing or having reason to know that a child is
21		present and may see or hear an act constituting an offense.
22		"Park district employee" means a supervisor, director,
23		instructor, or other person employed by a park district.
24		"Person with a physical disability Physically handicapped
25		person" means a person who suffers from a permanent and
26		disabling physical characteristic, resulting from disease,

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1		injury, functional disorder, or congenital condition.
2		"Private security officer" means a registered employee of a
3		private security contractor agency under the Private
4		Detective, Private Alarm, Private Security, Fingerprint
5		Vendor, and Locksmith Act of 2004.
6		"Probation officer" means a person as defined in the
7		Probation and Probation Officers Act.
8		"Sports official" means a person at an athletic contest who
9		enforces the rules of the contest, such as an umpire or
10		referee.
11		"Sports venue" means a publicly or privately owned sports
12		or entertainment arena, stadium, community or convention hall,
13		special event center, or amusement facility, or a special event
14		center in a public park, during the 12 hours before or after
15		the sanctioned sporting event.
16		"Streetgang", "streetgang member", and "criminal street
17		gang" have the meanings ascribed to those terms in Section 10
18		of the Illinois Streetgang Terrorism Omnibus Prevention Act.
19		"Transit employee" means a driver, operator, or employee of
20		any transportation facility or system engaged in the business
21		of transporting the public for hire.
22		"Transit passenger" means a passenger of any
23		transportation facility or system engaged in the business of
24		transporting the public for hire, including a passenger using
25		any area designated by a transportation facility or system as a
26		vehicle boarding, departure, or transfer location.

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1		"Utility worker" means any of the following:
2		(1) A person employed by a public utility as defined in
3		Section 3-105 of the Public Utilities Act.
4		(2) An employee of a municipally owned utility.
5		(3) An employee of a cable television company.
6		(4) An employee of an electric cooperative as defined
7		in Section 3-119 of the Public Utilities Act.
8		(5) An independent contractor or an employee of an
9		independent contractor working on behalf of a cable
10		television company, public utility, municipally owned
11		utility, or electric cooperative.
12		(6) An employee of a telecommunications carrier as
13		defined in Section 13-202 of the Public Utilities Act, or
14		an independent contractor or an employee of an independent
15		contractor working on behalf of a telecommunications
16		carrier.
17		(7) An employee of a telephone or telecommunications
18		cooperative as defined in Section 13-212 of the Public
19		Utilities Act, or an independent contractor or an employee
20		of an independent contractor working on behalf of a
21		telephone or telecommunications cooperative.
22		(Source: P.A. 96-1551, eff. 7-1-11.)
23		(720 ILCS 5/12-2) (from Ch. 38, par. 12-2)
24		Sec. 12-2. Aggravated assault.
25		(a) Offense based on location of conduct. A person commits

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1		aggravated assault when he or she commits an assault against an
2		individual who is on or about a public way, public property, a
3		public place of accommodation or amusement, or a sports venue.
4		(b) Offense based on status of victim. A person commits
5		aggravated assault when, in committing an assault, he or she
6		knows the individual assaulted to be any of the following:
7		(1) A person with a physical disability physically
8		handicapped person or a person 60 years of age or older and
9		the assault is without legal justification.
10		(2) A teacher or school employee upon school grounds or
11		grounds adjacent to a school or in any part of a building
12		used for school purposes.
13		(3) A park district employee upon park grounds or
14		grounds adjacent to a park or in any part of a building
15		used for park purposes.
16		(4) A peace officer, community policing volunteer,
17		fireman, private security officer, emergency management
18		worker, emergency medical technician, or utility worker:
19		(i) performing his or her official duties;
20		(ii) assaulted to prevent performance of his or her
21		official duties; or
22		(iii) assaulted in retaliation for performing his
23		or her official duties.
24		(5) A correctional officer or probation officer:
25		(i) performing his or her official duties;
26		(ii) assaulted to prevent performance of his or her

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1		official duties; or
2		(iii) assaulted in retaliation for performing his
3		or her official duties.
4		(6) A correctional institution employee, a county
5		juvenile detention center employee who provides direct and
6		continuous supervision of residents of a juvenile
7		detention center, including a county juvenile detention
8		center employee who supervises recreational activity for
9		residents of a juvenile detention center, or a Department
10		of Human Services employee, Department of Human Services
11		officer, or employee of a subcontractor of the Department
12		of Human Services supervising or controlling sexually
13		dangerous persons or sexually violent persons:
14		(i) performing his or her official duties;
15		(ii) assaulted to prevent performance of his or her
16		official duties; or
17		(iii) assaulted in retaliation for performing his
18		or her official duties.
19		(7) An employee of the State of Illinois, a municipal
20		corporation therein, or a political subdivision thereof,
21		performing his or her official duties.
22		(8) A transit employee performing his or her official
23		duties, or a transit passenger.
24		(9) A sports official or coach actively participating
25		in any level of athletic competition within a sports venue,
26		on an indoor playing field or outdoor playing field, or

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1		within the immediate vicinity of such a facility or field.
2		(10) A person authorized to serve process under Section
3		2-202 of the Code of Civil Procedure or a special process
4		server appointed by the circuit court, while that
5		individual is in the performance of his or her duties as a
6		process server.
7		(c) Offense based on use of firearm, device, or motor
8		vehicle. A person commits aggravated assault when, in
9		committing an assault, he or she does any of the following:
10		(1) Uses a deadly weapon, an air rifle as defined in
11		Section 24.8-0.1 of this Act the Air Rifle Act, or any
12		device manufactured and designed to be substantially
13		similar in appearance to a firearm, other than by
14		discharging a firearm.
15		(2) Discharges a firearm, other than from a motor
16		vehicle.
17		(3) Discharges a firearm from a motor vehicle.
18		(4) Wears a hood, robe, or mask to conceal his or her
19		identity.
20		(5) Knowingly and without lawful justification shines
21		or flashes a laser gun sight or other laser device attached
22		to a firearm, or used in concert with a firearm, so that
23		the laser beam strikes near or in the immediate vicinity of
24		any person.
25		(6) Uses a firearm, other than by discharging the
26		firearm, against a peace officer, community policing

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1		volunteer, fireman, private security officer, emergency
2		management worker, emergency medical technician, employee
3		of a police department, employee of a sheriff's department,
4		or traffic control municipal employee:
5		(i) performing his or her official duties;
6		(ii) assaulted to prevent performance of his or her
7		official duties; or
8		(iii) assaulted in retaliation for performing his
9		or her official duties.
10		(7) Without justification operates a motor vehicle in a
11		manner which places a person, other than a person listed in
12		subdivision (b)(4), in reasonable apprehension of being
13		struck by the moving motor vehicle.
14		(8) Without justification operates a motor vehicle in a
15		manner which places a person listed in subdivision (b)(4),
16		in reasonable apprehension of being struck by the moving
17		motor vehicle.
18		(9) Knowingly video or audio records the offense with
19		the intent to disseminate the recording.
20		(d) Sentence. Aggravated assault as defined in subdivision
21		(a), (b)(1), (b)(2), (b)(3), (b)(4), (b)(7), (b)(8), (b)(9),
22		(c)(1), (c)(4), or (c)(9) is a Class A misdemeanor, except that
23		aggravated assault as defined in subdivision (b)(4) and (b)(7)
24		is a Class 4 felony if a Category I, Category II, or Category
25		III weapon is used in the commission of the assault. Aggravated
26		assault as defined in subdivision (b)(5), (b)(6), (b)(10),

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1		(c)(2), (c)(5), (c)(6), or (c)(7) is a Class 4 felony.
2		Aggravated assault as defined in subdivision (c)(3) or (c)(8)
3		is a Class 3 felony.
4		(e) For the purposes of this Section, "Category I weapon",
5		"Category II weapon, and "Category III weapon" have the
6		meanings ascribed to those terms in Section 33A-1 of this Code.
7		(Source: P.A. 97-225, eff. 7-28-11; 97-313, eff. 1-1-12;
8		97-333, eff. 8-12-11; 97-1109, eff. 1-1-13; 98-385, eff.
9		1-1-14; revised 12-10-14.)
10		(720 ILCS 5/12-3.05) (was 720 ILCS 5/12-4)
11		Sec. 12-3.05. Aggravated battery.
12		(a) Offense based on injury. A person commits aggravated
13		battery when, in committing a battery, other than by the
14		discharge of a firearm, he or she knowingly does any of the
15		following:
16		(1) Causes great bodily harm or permanent disability or
17		disfigurement.
18		(2) Causes severe and permanent disability, great
19		bodily harm, or disfigurement by means of a caustic or
20		flammable substance, a poisonous gas, a deadly biological
21		or chemical contaminant or agent, a radioactive substance,
22		or a bomb or explosive compound.
23		(3) Causes great bodily harm or permanent disability or
24		disfigurement to an individual whom the person knows to be
25		a peace officer, community policing volunteer, fireman,

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1		private security officer, correctional institution
2		employee, or Department of Human Services employee
3		supervising or controlling sexually dangerous persons or
4		sexually violent persons:
5		(i) performing his or her official duties;
6		(ii) battered to prevent performance of his or her
7		official duties; or
8		(iii) battered in retaliation for performing his
9		or her official duties.
10		(4) Causes great bodily harm or permanent disability or
11		disfigurement to an individual 60 years of age or older.
12		(5) Strangles another individual.
13		(b) Offense based on injury to a child or person with an
14		intellectual disability intellectually disabled person. A
15		person who is at least 18 years of age commits aggravated
16		battery when, in committing a battery, he or she knowingly and
17		without legal justification by any means:
18		(1) causes great bodily harm or permanent disability or
19		disfigurement to any child under the age of 13 years, or to
20		any person with a severe or profound intellectual
21		disability severely or profoundly intellectually disabled
22		person; or
23		(2) causes bodily harm or disability or disfigurement
24		to any child under the age of 13 years or to any person
25		with a severe or profound intellectual disability severely
26		or profoundly intellectually disabled person.

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1		(c) Offense based on location of conduct. A person commits
2		aggravated battery when, in committing a battery, other than by
3		the discharge of a firearm, he or she is or the person battered
4		is on or about a public way, public property, a public place of
5		accommodation or amusement, a sports venue, or a domestic
6		violence shelter.
7		(d) Offense based on status of victim. A person commits
8		aggravated battery when, in committing a battery, other than by
9		discharge of a firearm, he or she knows the individual battered
10		to be any of the following:
11		(1) A person 60 years of age or older.
12		(2) A person who is pregnant or has a physical
13		disability physically handicapped.
14		(3) A teacher or school employee upon school grounds or
15		grounds adjacent to a school or in any part of a building
16		used for school purposes.
17		(4) A peace officer, community policing volunteer,
18		fireman, private security officer, correctional
19		institution employee, or Department of Human Services
20		employee supervising or controlling sexually dangerous
21		persons or sexually violent persons:
22		(i) performing his or her official duties;
23		(ii) battered to prevent performance of his or her
24		official duties; or
25		(iii) battered in retaliation for performing his
26		or her official duties.

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1		(5) A judge, emergency management worker, emergency
2		medical technician, or utility worker:
3		(i) performing his or her official duties;
4		(ii) battered to prevent performance of his or her
5		official duties; or
6		(iii) battered in retaliation for performing his
7		or her official duties.
8		(6) An officer or employee of the State of Illinois, a
9		unit of local government, or a school district, while
10		performing his or her official duties.
11		(7) A transit employee performing his or her official
12		duties, or a transit passenger.
13		(8) A taxi driver on duty.
14		(9) A merchant who detains the person for an alleged
15		commission of retail theft under Section 16-26 of this Code
16		and the person without legal justification by any means
17		causes bodily harm to the merchant.
18		(10) A person authorized to serve process under Section
19		2-202 of the Code of Civil Procedure or a special process
20		server appointed by the circuit court while that individual
21		is in the performance of his or her duties as a process
22		server.
23		(11) A nurse while in the performance of his or her
24		duties as a nurse.
25		(e) Offense based on use of a firearm. A person commits
26		aggravated battery when, in committing a battery, he or she

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1		knowingly does any of the following:
2		(1) Discharges a firearm, other than a machine gun or a
3		firearm equipped with a silencer, and causes any injury to
4		another person.
5		(2) Discharges a firearm, other than a machine gun or a
6		firearm equipped with a silencer, and causes any injury to
7		a person he or she knows to be a peace officer, community
8		policing volunteer, person summoned by a police officer,
9		fireman, private security officer, correctional
10		institution employee, or emergency management worker:
11		(i) performing his or her official duties;
12		(ii) battered to prevent performance of his or her
13		official duties; or
14		(iii) battered in retaliation for performing his
15		or her official duties.
16		(3) Discharges a firearm, other than a machine gun or a
17		firearm equipped with a silencer, and causes any injury to
18		a person he or she knows to be an emergency medical
19		technician employed by a municipality or other
20		governmental unit:
21		(i) performing his or her official duties;
22		(ii) battered to prevent performance of his or her
23		official duties; or
24		(iii) battered in retaliation for performing his
25		or her official duties.
26		(4) Discharges a firearm and causes any injury to a

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1		person he or she knows to be a teacher, a student in a
2		school, or a school employee, and the teacher, student, or
3		employee is upon school grounds or grounds adjacent to a
4		school or in any part of a building used for school
5		purposes.
6		(5) Discharges a machine gun or a firearm equipped with
7		a silencer, and causes any injury to another person.
8		(6) Discharges a machine gun or a firearm equipped with
9		a silencer, and causes any injury to a person he or she
10		knows to be a peace officer, community policing volunteer,
11		person summoned by a police officer, fireman, private
12		security officer, correctional institution employee or
13		emergency management worker:
14		(i) performing his or her official duties;
15		(ii) battered to prevent performance of his or her
16		official duties; or
17		(iii) battered in retaliation for performing his
18		or her official duties.
19		(7) Discharges a machine gun or a firearm equipped with
20		a silencer, and causes any injury to a person he or she
21		knows to be an emergency medical technician employed by a
22		municipality or other governmental unit:
23		(i) performing his or her official duties;
24		(ii) battered to prevent performance of his or her
25		official duties; or
26		(iii) battered in retaliation for performing his

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1		or her official duties.
2		(8) Discharges a machine gun or a firearm equipped with
3		a silencer, and causes any injury to a person he or she
4		knows to be a teacher, or a student in a school, or a
5		school employee, and the teacher, student, or employee is
6		upon school grounds or grounds adjacent to a school or in
7		any part of a building used for school purposes.
8		(f) Offense based on use of a weapon or device. A person
9		commits aggravated battery when, in committing a battery, he or
10		she does any of the following:
11		(1) Uses a deadly weapon other than by discharge of a
12		firearm, or uses an air rifle as defined in Section
13		24.8-0.1 of this Code.
14		(2) Wears a hood, robe, or mask to conceal his or her
15		identity.
16		(3) Knowingly and without lawful justification shines
17		or flashes a laser gunsight or other laser device attached
18		to a firearm, or used in concert with a firearm, so that
19		the laser beam strikes upon or against the person of
20		another.
21		(4) Knowingly video or audio records the offense with
22		the intent to disseminate the recording.
23		(g) Offense based on certain conduct. A person commits
24		aggravated battery when, other than by discharge of a firearm,
25		he or she does any of the following:
26		(1) Violates Section 401 of the Illinois Controlled

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1		Substances Act by unlawfully delivering a controlled
2		substance to another and any user experiences great bodily
3		harm or permanent disability as a result of the injection,
4		inhalation, or ingestion of any amount of the controlled
5		substance.
6		(2) Knowingly administers to an individual or causes
7		him or her to take, without his or her consent or by threat
8		or deception, and for other than medical purposes, any
9		intoxicating, poisonous, stupefying, narcotic, anesthetic,
10		or controlled substance, or gives to another person any
11		food containing any substance or object intended to cause
12		physical injury if eaten.
13		(3) Knowingly causes or attempts to cause a
14		correctional institution employee or Department of Human
15		Services employee to come into contact with blood, seminal
16		fluid, urine, or feces by throwing, tossing, or expelling
17		the fluid or material, and the person is an inmate of a
18		penal institution or is a sexually dangerous person or
19		sexually violent person in the custody of the Department of
20		Human Services.
21		(h) Sentence. Unless otherwise provided, aggravated
22		battery is a Class 3 felony.
23		Aggravated battery as defined in subdivision (a)(4),
24		(d)(4), or (g)(3) is a Class 2 felony.
25		Aggravated battery as defined in subdivision (a)(3) or
26		(g)(1) is a Class 1 felony.

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1		Aggravated battery as defined in subdivision (a)(1) is a
2		Class 1 felony when the aggravated battery was intentional and
3		involved the infliction of torture, as defined in paragraph
4		(14) of subsection (b) of Section 9-1 of this Code, as the
5		infliction of or subjection to extreme physical pain, motivated
6		by an intent to increase or prolong the pain, suffering, or
7		agony of the victim.
8		Aggravated battery under subdivision (a)(5) is a Class 1
9		felony if:
10		(A) the person used or attempted to use a dangerous
11		instrument while committing the offense; or
12		(B) the person caused great bodily harm or permanent
13		disability or disfigurement to the other person while
14		committing the offense; or
15		(C) the person has been previously convicted of a
16		violation of subdivision (a)(5) under the laws of this
17		State or laws similar to subdivision (a)(5) of any other
18		state.
19		Aggravated battery as defined in subdivision (e)(1) is a
20		Class X felony.
21		Aggravated battery as defined in subdivision (a)(2) is a
22		Class X felony for which a person shall be sentenced to a term
23		of imprisonment of a minimum of 6 years and a maximum of 45
24		years.
25		Aggravated battery as defined in subdivision (e)(5) is a
26		Class X felony for which a person shall be sentenced to a term

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1		of imprisonment of a minimum of 12 years and a maximum of 45
2		years.
3		Aggravated battery as defined in subdivision (e)(2),
4		(e)(3), or (e)(4) is a Class X felony for which a person shall
5		be sentenced to a term of imprisonment of a minimum of 15 years
6		and a maximum of 60 years.
7		Aggravated battery as defined in subdivision (e)(6),
8		(e)(7), or (e)(8) is a Class X felony for which a person shall
9		be sentenced to a term of imprisonment of a minimum of 20 years
10		and a maximum of 60 years.
11		Aggravated battery as defined in subdivision (b)(1) is a
12		Class X felony, except that:
13		(1) if the person committed the offense while armed
14		with a firearm, 15 years shall be added to the term of
15		imprisonment imposed by the court;
16		(2) if, during the commission of the offense, the
17		person personally discharged a firearm, 20 years shall be
18		added to the term of imprisonment imposed by the court;
19		(3) if, during the commission of the offense, the
20		person personally discharged a firearm that proximately
21		caused great bodily harm, permanent disability, permanent
22		disfigurement, or death to another person, 25 years or up
23		to a term of natural life shall be added to the term of
24		imprisonment imposed by the court.
25		(i) Definitions. For the purposes of this Section:
26		"Building or other structure used to provide shelter" has

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1		the meaning ascribed to "shelter" in Section 1 of the Domestic
2		Violence Shelters Act.
3		"Domestic violence" has the meaning ascribed to it in
4		Section 103 of the Illinois Domestic Violence Act of 1986.
5		"Domestic violence shelter" means any building or other
6		structure used to provide shelter or other services to victims
7		or to the dependent children of victims of domestic violence
8		pursuant to the Illinois Domestic Violence Act of 1986 or the
9		Domestic Violence Shelters Act, or any place within 500 feet of
10		such a building or other structure in the case of a person who
11		is going to or from such a building or other structure.
12		"Firearm" has the meaning provided under Section 1.1 of the
13		Firearm Owners Identification Card Act, and does not include an
14		air rifle as defined by Section 24.8-0.1 of this Code.
15		"Machine gun" has the meaning ascribed to it in Section
16		24-1 of this Code.
17		"Merchant" has the meaning ascribed to it in Section 16-0.1
18		of this Code.
19		"Strangle" means intentionally impeding the normal
20		breathing or circulation of the blood of an individual by
21		applying pressure on the throat or neck of that individual or
22		by blocking the nose or mouth of that individual.
23		(Source: P.A. 97-597, eff. 1-1-12; incorporates 97-227, eff.
24		1-1-12, 97-313, eff. 1-1-12, and 97-467, eff. 1-1-12; 97-1109,
25		eff. 1-1-13; 98-369, eff. 1-1-14; 98-385, eff. 1-1-14; 98-756,
26		eff. 7-16-14.)

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1		(720 ILCS 5/12C-10) (was 720 ILCS 5/12-21.5)
2		Sec. 12C-10. Child abandonment.
3		(a) A person commits child abandonment when he or she, as a
4		parent, guardian, or other person having physical custody or
5		control of a child, without regard for the mental or physical
6		health, safety, or welfare of that child, knowingly leaves that
7		child who is under the age of 13 without supervision by a
8		responsible person over the age of 14 for a period of 24 hours
9		or more. It is not a violation of this Section for a person to
10		relinquish a child in accordance with the Abandoned Newborn
11		Infant Protection Act.
12		(b) For the purposes of determining whether the child was
13		left without regard for the mental or physical health, safety,
14		or welfare of that child, the trier of fact shall consider the
15		following factors:
16		(1) the age of the child;
17		(2) the number of children left at the location;
18		(3) special needs of the child, including whether the
19		child is a person with a physical or mental disability is
20		physically or mentally handicapped, or otherwise in need of
21		ongoing prescribed medical treatment such as periodic
22		doses of insulin or other medications;
23		(4) the duration of time in which the child was left
24		without supervision;
25		(5) the condition and location of the place where the

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1		child was left without supervision;
2		(6) the time of day or night when the child was left
3		without supervision;
4		(7) the weather conditions, including whether the
5		child was left in a location with adequate protection from
6		the natural elements such as adequate heat or light;
7		(8) the location of the parent, guardian, or other
8		person having physical custody or control of the child at
9		the time the child was left without supervision, the
10		physical distance the child was from the parent, guardian,
11		or other person having physical custody or control of the
12		child at the time the child was without supervision;
13		(9) whether the child's movement was restricted, or the
14		child was otherwise locked within a room or other
15		structure;
16		(10) whether the child was given a phone number of a
17		person or location to call in the event of an emergency and
18		whether the child was capable of making an emergency call;
19		(11) whether there was food and other provision left
20		for the child;
21		(12) whether any of the conduct is attributable to
22		economic hardship or illness and the parent, guardian or
23		other person having physical custody or control of the
24		child made a good faith effort to provide for the health
25		and safety of the child;
26		(13) the age and physical and mental capabilities of

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1		the person or persons who provided supervision for the
2		child;
3		(14) any other factor that would endanger the health or
4		safety of that particular child;
5		(15) whether the child was left under the supervision
6		of another person.
7		(c) Child abandonment is a Class 4 felony. A second or
8		subsequent offense after a prior conviction is a Class 3
9		felony. A parent, who is found to be in violation of this
10		Section with respect to his or her child, may be sentenced to
11		probation for this offense pursuant to Section 12C-15.
12		(Source: P.A. 97-1109, eff. 1-1-13; 98-756, eff. 7-16-14.)
13		(720 ILCS 5/16-30)
14		Sec. 16-30. Identity theft; aggravated identity theft.
15		(a) A person commits identity theft when he or she
16		knowingly:
17		(1) uses any personal identifying information or
18		personal identification document of another person to
19		fraudulently obtain credit, money, goods, services, or
20		other property;
21		(2) uses any personal identification information or
22		personal identification document of another with intent to
23		commit any felony not set forth in paragraph (1) of this
24		subsection (a);
25		(3) obtains, records, possesses, sells, transfers,

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1		purchases, or manufactures any personal identification
2		information or personal identification document of another
3		with intent to commit any felony;
4		(4) uses, obtains, records, possesses, sells,
5		transfers, purchases, or manufactures any personal
6		identification information or personal identification
7		document of another knowing that such personal
8		identification information or personal identification
9		documents were stolen or produced without lawful
10		authority;
11		(5) uses, transfers, or possesses document-making
12		implements to produce false identification or false
13		documents with knowledge that they will be used by the
14		person or another to commit any felony;
15		(6) uses any personal identification information or
16		personal identification document of another to portray
17		himself or herself as that person, or otherwise, for the
18		purpose of gaining access to any personal identification
19		information or personal identification document of that
20		person, without the prior express permission of that
21		person;
22		(7) uses any personal identification information or
23		personal identification document of another for the
24		purpose of gaining access to any record of the actions
25		taken, communications made or received, or other
26		activities or transactions of that person, without the

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1		prior express permission of that person;
2		(7.5) uses, possesses, or transfers a radio frequency
3		identification device capable of obtaining or processing
4		personal identifying information from a radio frequency
5		identification (RFID) tag or transponder with knowledge
6		that the device will be used by the person or another to
7		commit a felony violation of State law or any violation of
8		this Article; or
9		(8) in the course of applying for a building permit
10		with a unit of local government, provides the license
11		number of a roofing or fire sprinkler contractor whom he or
12		she does not intend to have perform the work on the roofing
13		or fire sprinkler portion of the project; it is an
14		affirmative defense to prosecution under this paragraph
15		(8) that the building permit applicant promptly informed
16		the unit of local government that issued the building
17		permit of any change in the roofing or fire sprinkler
18		contractor.
19		(b) Aggravated identity theft. A person commits aggravated
20		identity theft when he or she commits identity theft as set
21		forth in subsection (a) of this Section:
22		(1) against a person 60 years of age or older or a
23		person with a disability; or
24		(2) in furtherance of the activities of an organized
25		gang.
26		A defense to aggravated identity theft does not exist

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1		merely because the accused reasonably believed the victim to be
2		a person less than 60 years of age. For the purposes of this
3		subsection, "organized gang" has the meaning ascribed in
4		Section 10 of the Illinois Streetgang Terrorism Omnibus
5		Prevention Act.
6		(c) Knowledge shall be determined by an evaluation of all
7		circumstances surrounding the use of the other person's
8		identifying information or document.
9		(d) When a charge of identity theft or aggravated identity
10		theft of credit, money, goods, services, or other property
11		exceeding a specified value is brought, the value of the
12		credit, money, goods, services, or other property is an element
13		of the offense to be resolved by the trier of fact as either
14		exceeding or not exceeding the specified value.
15		(e) Sentence.
16		(1) Identity theft.
17		(A) A person convicted of identity theft in
18		violation of paragraph (1) of subsection (a) shall be
19		sentenced as follows:
20		(i) Identity theft of credit, money, goods,
21		services, or other property not exceeding $300 in
22		value is a Class 4 felony. A person who has been
23		previously convicted of identity theft of less
24		than $300 who is convicted of a second or
25		subsequent offense of identity theft of less than
26		$300 is guilty of a Class 3 felony. A person who

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1		has been convicted of identity theft of less than
2		$300 who has been previously convicted of any type
3		of theft, robbery, armed robbery, burglary,
4		residential burglary, possession of burglary
5		tools, home invasion, home repair fraud,
6		aggravated home repair fraud, or financial
7		exploitation of an elderly person or person with a
8		disability or disabled person is guilty of a Class
9		3 felony. Identity theft of credit, money, goods,
10		services, or other property not exceeding $300 in
11		value when the victim of the identity theft is an
12		active duty member of the Armed Services or Reserve
13		Forces of the United States or of the Illinois
14		National Guard serving in a foreign country is a
15		Class 3 felony. A person who has been previously
16		convicted of identity theft of less than $300 who
17		is convicted of a second or subsequent offense of
18		identity theft of less than $300 when the victim of
19		the identity theft is an active duty member of the
20		Armed Services or Reserve Forces of the United
21		States or of the Illinois National Guard serving in
22		a foreign country is guilty of a Class 2 felony. A
23		person who has been convicted of identity theft of
24		less than $300 when the victim of the identity
25		theft is an active duty member of the Armed
26		Services or Reserve Forces of the United States or

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1		of the Illinois National Guard serving in a foreign
2		country who has been previously convicted of any
3		type of theft, robbery, armed robbery, burglary,
4		residential burglary, possession of burglary
5		tools, home invasion, home repair fraud,
6		aggravated home repair fraud, or financial
7		exploitation of an elderly person or person with a
8		disability or disabled person is guilty of a Class
9		2 felony.
10		(ii) Identity theft of credit, money, goods,
11		services, or other property exceeding $300 and not
12		exceeding $2,000 in value is a Class 3 felony.
13		Identity theft of credit, money, goods, services,
14		or other property exceeding $300 and not exceeding
15		$2,000 in value when the victim of the identity
16		theft is an active duty member of the Armed
17		Services or Reserve Forces of the United States or
18		of the Illinois National Guard serving in a foreign
19		country is a Class 2 felony.
20		(iii) Identity theft of credit, money, goods,
21		services, or other property exceeding $2,000 and
22		not exceeding $10,000 in value is a Class 2 felony.
23		Identity theft of credit, money, goods, services,
24		or other property exceeding $2,000 and not
25		exceeding $10,000 in value when the victim of the
26		identity theft is an active duty member of the

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1		Armed Services or Reserve Forces of the United
2		States or of the Illinois National Guard serving in
3		a foreign country is a Class 1 felony.
4		(iv) Identity theft of credit, money, goods,
5		services, or other property exceeding $10,000 and
6		not exceeding $100,000 in value is a Class 1
7		felony. Identity theft of credit, money, goods,
8		services, or other property exceeding $10,000 and
9		not exceeding $100,000 in value when the victim of
10		the identity theft is an active duty member of the
11		Armed Services or Reserve Forces of the United
12		States or of the Illinois National Guard serving in
13		a foreign country is a Class X felony.
14		(v) Identity theft of credit, money, goods,
15		services, or other property exceeding $100,000 in
16		value is a Class X felony.
17		(B) A person convicted of any offense enumerated in
18		paragraphs (2) through (7.5) of subsection (a) is
19		guilty of a Class 3 felony. A person convicted of any
20		offense enumerated in paragraphs (2) through (7.5) of
21		subsection (a) when the victim of the identity theft is
22		an active duty member of the Armed Services or Reserve
23		Forces of the United States or of the Illinois National
24		Guard serving in a foreign country is guilty of a Class
25		2 felony.
26		(C) A person convicted of any offense enumerated in

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1		paragraphs (2) through (5) and (7.5) of subsection (a)
2		a second or subsequent time is guilty of a Class 2
3		felony. A person convicted of any offense enumerated in
4		paragraphs (2) through (5) and (7.5) of subsection (a)
5		a second or subsequent time when the victim of the
6		identity theft is an active duty member of the Armed
7		Services or Reserve Forces of the United States or of
8		the Illinois National Guard serving in a foreign
9		country is guilty of a Class 1 felony.
10		(D) A person who, within a 12-month period, is
11		found in violation of any offense enumerated in
12		paragraphs (2) through (7.5) of subsection (a) with
13		respect to the identifiers of, or other information
14		relating to, 3 or more separate individuals, at the
15		same time or consecutively, is guilty of a Class 2
16		felony. A person who, within a 12-month period, is
17		found in violation of any offense enumerated in
18		paragraphs (2) through (7.5) of subsection (a) with
19		respect to the identifiers of, or other information
20		relating to, 3 or more separate individuals, at the
21		same time or consecutively, when the victim of the
22		identity theft is an active duty member of the Armed
23		Services or Reserve Forces of the United States or of
24		the Illinois National Guard serving in a foreign
25		country is guilty of a Class 1 felony.
26		(E) A person convicted of identity theft in

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1		violation of paragraph (2) of subsection (a) who uses
2		any personal identification information or personal
3		identification document of another to purchase
4		methamphetamine manufacturing material as defined in
5		Section 10 of the Methamphetamine Control and
6		Community Protection Act with the intent to unlawfully
7		manufacture methamphetamine is guilty of a Class 2
8		felony for a first offense and a Class 1 felony for a
9		second or subsequent offense. A person convicted of
10		identity theft in violation of paragraph (2) of
11		subsection (a) who uses any personal identification
12		information or personal identification document of
13		another to purchase methamphetamine manufacturing
14		material as defined in Section 10 of the
15		Methamphetamine Control and Community Protection Act
16		with the intent to unlawfully manufacture
17		methamphetamine when the victim of the identity theft
18		is an active duty member of the Armed Services or
19		Reserve Forces of the United States or of the Illinois
20		National Guard serving in a foreign country is guilty
21		of a Class 1 felony for a first offense and a Class X
22		felony for a second or subsequent offense.
23		(F) A person convicted of identity theft in
24		violation of paragraph (8) of subsection (a) of this
25		Section is guilty of a Class 4 felony.
26		(2) Aggravated identity theft.

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1		(A) Aggravated identity theft of credit, money,
2		goods, services, or other property not exceeding $300
3		in value is a Class 3 felony.
4		(B) Aggravated identity theft of credit, money,
5		goods, services, or other property exceeding $300 and
6		not exceeding $10,000 in value is a Class 2 felony.
7		(C) Aggravated identity theft of credit, money,
8		goods, services, or other property exceeding $10,000
9		in value and not exceeding $100,000 in value is a Class
10		1 felony.
11		(D) Aggravated identity theft of credit, money,
12		goods, services, or other property exceeding $100,000
13		in value is a Class X felony.
14		(E) Aggravated identity theft for a violation of
15		any offense enumerated in paragraphs (2) through (7.5)
16		of subsection (a) of this Section is a Class 2 felony.
17		(F) Aggravated identity theft when a person who,
18		within a 12-month period, is found in violation of any
19		offense enumerated in paragraphs (2) through (7.5) of
20		subsection (a) of this Section with identifiers of, or
21		other information relating to, 3 or more separate
22		individuals, at the same time or consecutively, is a
23		Class 1 felony.
24		(G) A person who has been previously convicted of
25		aggravated identity theft regardless of the value of
26		the property involved who is convicted of a second or

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1		subsequent offense of aggravated identity theft
2		regardless of the value of the property involved is
3		guilty of a Class X felony.
4		(Source: P.A. 97-597, eff. 1-1-12; incorporates 97-333, eff.
5		8-12-11, and 97-388, eff. 1-1-12; 97-1109, eff. 1-1-13.)
6		(720 ILCS 5/17-2) (from Ch. 38, par. 17-2)
7		Sec. 17-2. False personation; solicitation.
8		(a) False personation; solicitation.
9		(1) A person commits a false personation when he or she
10		knowingly and falsely represents himself or herself to be a
11		member or representative of any veterans' or public safety
12		personnel organization or a representative of any
13		charitable organization, or when he or she knowingly
14		exhibits or uses in any manner any decal, badge or insignia
15		of any charitable, public safety personnel, or veterans'
16		organization when not authorized to do so by the
17		charitable, public safety personnel, or veterans'
18		organization. "Public safety personnel organization" has
19		the meaning ascribed to that term in Section 1 of the
20		Solicitation for Charity Act.
21		(2) A person commits a false personation when he or she
22		knowingly and falsely represents himself or herself to be a
23		veteran in seeking employment or public office. In this
24		paragraph, "veteran" means a person who has served in the
25		Armed Services or Reserve Forces of the United States.

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1		(2.5) A person commits a false personation when he or
2		she knowingly and falsely represents himself or herself to
3		be:
4		(A) another actual person and does an act in such
5		assumed character with intent to intimidate, threaten,
6		injure, defraud, or to obtain a benefit from another;
7		or
8		(B) a representative of an actual person or
9		organization and does an act in such false capacity
10		with intent to obtain a benefit or to injure or defraud
11		another.
12		(3) No person shall knowingly use the words "Police",
13		"Police Department", "Patrolman", "Sergeant",
14		"Lieutenant", "Peace Officer", "Sheriff's Police",
15		"Sheriff", "Officer", "Law Enforcement", "Trooper",
16		"Deputy", "Deputy Sheriff", "State Police", or any other
17		words to the same effect (i) in the title of any
18		organization, magazine, or other publication without the
19		express approval of the named public safety personnel
20		organization's governing board or (ii) in combination with
21		the name of any state, state agency, public university, or
22		unit of local government without the express written
23		authorization of that state, state agency, public
24		university, or unit of local government.
25		(4) No person may knowingly claim or represent that he
26		or she is acting on behalf of any public safety personnel

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1		organization when soliciting financial contributions or
2		selling or delivering or offering to sell or deliver any
3		merchandise, goods, services, memberships, or
4		advertisements unless the chief of the police department,
5		fire department, and the corporate or municipal authority
6		thereof, or the sheriff has first entered into a written
7		agreement with the person or with an organization with
8		which the person is affiliated and the agreement permits
9		the activity and specifies and states clearly and fully the
10		purpose for which the proceeds of the solicitation,
11		contribution, or sale will be used.
12		(5) No person, when soliciting financial contributions
13		or selling or delivering or offering to sell or deliver any
14		merchandise, goods, services, memberships, or
15		advertisements may claim or represent that he or she is
16		representing or acting on behalf of any nongovernmental
17		organization by any name which includes "officer", "peace
18		officer", "police", "law enforcement", "trooper",
19		"sheriff", "deputy", "deputy sheriff", "State police", or
20		any other word or words which would reasonably be
21		understood to imply that the organization is composed of
22		law enforcement personnel unless:
23		(A) the person is actually representing or acting
24		on behalf of the nongovernmental organization;
25		(B) the nongovernmental organization is controlled
26		by and governed by a membership of and represents a

HB4049 Engrossed - 1635 - LRB099 03667 KTG 23678 b
1		group or association of active duty peace officers,
2		retired peace officers, or injured peace officers; and
3		(C) before commencing the solicitation or the sale
4		or the offers to sell any merchandise, goods, services,
5		memberships, or advertisements, a written contract
6		between the soliciting or selling person and the
7		nongovernmental organization, which specifies and
8		states clearly and fully the purposes for which the
9		proceeds of the solicitation, contribution, or sale
10		will be used, has been entered into.
11		(6) No person, when soliciting financial contributions
12		or selling or delivering or offering to sell or deliver any
13		merchandise, goods, services, memberships, or
14		advertisements, may knowingly claim or represent that he or
15		she is representing or acting on behalf of any
16		nongovernmental organization by any name which includes
17		the term "fireman", "fire fighter", "paramedic", or any
18		other word or words which would reasonably be understood to
19		imply that the organization is composed of fire fighter or
20		paramedic personnel unless:
21		(A) the person is actually representing or acting
22		on behalf of the nongovernmental organization;
23		(B) the nongovernmental organization is controlled
24		by and governed by a membership of and represents a
25		group or association of active duty, retired, or
26		injured fire fighters (for the purposes of this

HB4049 Engrossed - 1636 - LRB099 03667 KTG 23678 b
1		Section, "fire fighter" has the meaning ascribed to
2		that term in Section 2 of the Illinois Fire Protection
3		Training Act) or active duty, retired, or injured
4		emergency medical technicians - ambulance, emergency
5		medical technicians - intermediate, emergency medical
6		technicians - paramedic, ambulance drivers, or other
7		medical assistance or first aid personnel; and
8		(C) before commencing the solicitation or the sale
9		or delivery or the offers to sell or deliver any
10		merchandise, goods, services, memberships, or
11		advertisements, the soliciting or selling person and
12		the nongovernmental organization have entered into a
13		written contract that specifies and states clearly and
14		fully the purposes for which the proceeds of the
15		solicitation, contribution, or sale will be used.
16		(7) No person may knowingly claim or represent that he
17		or she is an airman, airline employee, airport employee, or
18		contractor at an airport in order to obtain the uniform,
19		identification card, license, or other identification
20		paraphernalia of an airman, airline employee, airport
21		employee, or contractor at an airport.
22		(8) No person, firm, copartnership, or corporation
23		(except corporations organized and doing business under
24		the Pawners Societies Act) shall knowingly use a name that
25		contains in it the words "Pawners' Society".
26		(b) False personation; public officials and employees. A

HB4049 Engrossed - 1637 - LRB099 03667 KTG 23678 b
1		person commits a false personation if he or she knowingly and
2		falsely represents himself or herself to be any of the
3		following:
4		(1) An attorney authorized to practice law for purposes
5		of compensation or consideration. This paragraph (b)(1)
6		does not apply to a person who unintentionally fails to pay
7		attorney registration fees established by Supreme Court
8		Rule.
9		(2) A public officer or a public employee or an
10		official or employee of the federal government.
11		(2.3) A public officer, a public employee, or an
12		official or employee of the federal government, and the
13		false representation is made in furtherance of the
14		commission of felony.
15		(2.7) A public officer or a public employee, and the
16		false representation is for the purpose of effectuating
17		identity theft as defined in Section 16-30 of this Code.
18		(3) A peace officer.
19		(4) A peace officer while carrying a deadly weapon.
20		(5) A peace officer in attempting or committing a
21		felony.
22		(6) A peace officer in attempting or committing a
23		forcible felony.
24		(7) The parent, legal guardian, or other relation of a
25		minor child to any public official, public employee, or
26		elementary or secondary school employee or administrator.

HB4049 Engrossed - 1638 - LRB099 03667 KTG 23678 b
1		(7.5) The legal guardian, including any representative
2		of a State or public guardian, of a person with a
3		disability disabled person appointed under Article XIa of
4		the Probate Act of 1975.
5		(8) A fire fighter.
6		(9) A fire fighter while carrying a deadly weapon.
7		(10) A fire fighter in attempting or committing a
8		felony.
9		(11) An emergency management worker of any
10		jurisdiction in this State.
11		(12) An emergency management worker of any
12		jurisdiction in this State in attempting or committing a
13		felony. For the purposes of this subsection (b), "emergency
14		management worker" has the meaning provided under Section
15		2-6.6 of this Code.
16		(b-5) The trier of fact may infer that a person falsely
17		represents himself or herself to be a public officer or a
18		public employee or an official or employee of the federal
19		government if the person:
20		(1) wears or displays without authority any uniform,
21		badge, insignia, or facsimile thereof by which a public
22		officer or public employee or official or employee of the
23		federal government is lawfully distinguished; or
24		(2) falsely expresses by word or action that he or she
25		is a public officer or public employee or official or
26		employee of the federal government and is acting with

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1		approval or authority of a public agency or department.
2		(c) Fraudulent advertisement of a corporate name.
3		(1) A company, association, or individual commits
4		fraudulent advertisement of a corporate name if he, she, or
5		it, not being incorporated, puts forth a sign or
6		advertisement and assumes, for the purpose of soliciting
7		business, a corporate name.
8		(2) Nothing contained in this subsection (c) prohibits
9		a corporation, company, association, or person from using a
10		divisional designation or trade name in conjunction with
11		its corporate name or assumed name under Section 4.05 of
12		the Business Corporation Act of 1983 or, if it is a member
13		of a partnership or joint venture, from doing partnership
14		or joint venture business under the partnership or joint
15		venture name. The name under which the joint venture or
16		partnership does business may differ from the names of the
17		members. Business may not be conducted or transacted under
18		that joint venture or partnership name, however, unless all
19		provisions of the Assumed Business Name Act have been
20		complied with. Nothing in this subsection (c) permits a
21		foreign corporation to do business in this State without
22		complying with all Illinois laws regulating the doing of
23		business by foreign corporations. No foreign corporation
24		may conduct or transact business in this State as a member
25		of a partnership or joint venture that violates any
26		Illinois law regulating or pertaining to the doing of

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1		business by foreign corporations in Illinois.
2		(3) The provisions of this subsection (c) do not apply
3		to limited partnerships formed under the Revised Uniform
4		Limited Partnership Act or under the Uniform Limited
5		Partnership Act (2001).
6		(d) False law enforcement badges.
7		(1) A person commits false law enforcement badges if he
8		or she knowingly produces, sells, or distributes a law
9		enforcement badge without the express written consent of
10		the law enforcement agency represented on the badge or, in
11		case of a reorganized or defunct law enforcement agency,
12		its successor law enforcement agency.
13		(2) It is a defense to false law enforcement badges
14		that the law enforcement badge is used or is intended to be
15		used exclusively: (i) as a memento or in a collection or
16		exhibit; (ii) for decorative purposes; or (iii) for a
17		dramatic presentation, such as a theatrical, film, or
18		television production.
19		(e) False medals.
20		(1) A person commits a false personation if he or she
21		knowingly and falsely represents himself or herself to be a
22		recipient of, or wears on his or her person, any of the
23		following medals if that medal was not awarded to that
24		person by the United States Government, irrespective of
25		branch of service: The Congressional Medal of Honor, The
26		Distinguished Service Cross, The Navy Cross, The Air Force

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1		Cross, The Silver Star, The Bronze Star, or the Purple
2		Heart.
3		(2) It is a defense to a prosecution under paragraph
4		(e)(1) that the medal is used, or is intended to be used,
5		exclusively:
6		(A) for a dramatic presentation, such as a
7		theatrical, film, or television production, or a
8		historical re-enactment; or
9		(B) for a costume worn, or intended to be worn, by
10		a person under 18 years of age.
11		(f) Sentence.
12		(1) A violation of paragraph (a)(8) is a petty offense
13		subject to a fine of not less than $5 nor more than $100,
14		and the person, firm, copartnership, or corporation
15		commits an additional petty offense for each day he, she,
16		or it continues to commit the violation. A violation of
17		paragraph (c)(1) is a petty offense, and the company,
18		association, or person commits an additional petty offense
19		for each day he, she, or it continues to commit the
20		violation. A violation of subsection (e) is a petty offense
21		for which the offender shall be fined at least $100 and not
22		more than $200.
23		(2) A violation of paragraph (a)(1), (a)(3), or
24		(b)(7.5) is a Class C misdemeanor.
25		(3) A violation of paragraph (a)(2), (a)(2.5), (a)(7),
26		(b)(2), or (b)(7) or subsection (d) is a Class A

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1		misdemeanor. A second or subsequent violation of
2		subsection (d) is a Class 3 felony.
3		(4) A violation of paragraph (a)(4), (a)(5), (a)(6),
4		(b)(1), (b)(2.3), (b)(2.7), (b)(3), (b)(8), or (b)(11) is a
5		Class 4 felony.
6		(5) A violation of paragraph (b)(4), (b)(9), or (b)(12)
7		is a Class 3 felony.
8		(6) A violation of paragraph (b)(5) or (b)(10) is a
9		Class 2 felony.
10		(7) A violation of paragraph (b)(6) is a Class 1
11		felony.
12		(g) A violation of subsection (a)(1) through (a)(7) or
13		subsection (e) of this Section may be accomplished in person or
14		by any means of communication, including but not limited to the
15		use of an Internet website or any form of electronic
16		communication.
17		(Source: P.A. 97-219, eff. 1-1-12; 97-597, eff. 1-1-12;
18		incorporates change to Sec. 32-5 from 97-219; 97-1109, eff.
19		1-1-13; 98-1125, eff. 1-1-15.)
20		(720 ILCS 5/17-6) (from Ch. 38, par. 17-6)
21		Sec. 17-6. State benefits fraud.
22		(a) A person commits State benefits fraud when he or she
23		obtains or attempts to obtain money or benefits from the State
24		of Illinois, from any political subdivision thereof, or from
25		any program funded or administered in whole or in part by the

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1		State of Illinois or any political subdivision thereof through
2		the knowing use of false identification documents or through
3		the knowing misrepresentation of his or her age, place of
4		residence, number of dependents, marital or family status,
5		employment status, financial status, or any other material fact
6		upon which his eligibility for or degree of participation in
7		any benefit program might be based.
8		(b) Notwithstanding any provision of State law to the
9		contrary, every application or other document submitted to an
10		agency or department of the State of Illinois or any political
11		subdivision thereof to establish or determine eligibility for
12		money or benefits from the State of Illinois or from any
13		political subdivision thereof, or from any program funded or
14		administered in whole or in part by the State of Illinois or
15		any political subdivision thereof, shall be made available upon
16		request to any law enforcement agency for use in the
17		investigation or prosecution of State benefits fraud or for use
18		in the investigation or prosecution of any other crime arising
19		out of the same transaction or occurrence. Except as otherwise
20		permitted by law, information disclosed pursuant to this
21		subsection shall be used and disclosed only for the purposes
22		provided herein. The provisions of this Section shall be
23		operative only to the extent that they do not conflict with any
24		federal law or regulation governing federal grants to this
25		State.
26		(c) Any employee of the State of Illinois or any agency or

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1		political subdivision thereof may seize as evidence any false
2		or fraudulent document presented to him or her in connection
3		with an application for or receipt of money or benefits from
4		the State of Illinois, from any political subdivision thereof,
5		or from any program funded or administered in whole or in part
6		by the State of Illinois or any political subdivision thereof.
7		(d) Sentence.
8		(1) State benefits fraud is a Class 4 felony except when
9		more than $300 is obtained, in which case State benefits fraud
10		is a Class 3 felony.
11		(2) If a person knowingly misrepresents oneself as a
12		veteran or as a dependent of a veteran with the intent of
13		obtaining benefits or privileges provided by the State or its
14		political subdivisions to veterans or their dependents, then
15		State benefits fraud is a Class 3 felony when $300 or less is
16		obtained and a Class 2 felony when more than $300 is obtained.
17		For the purposes of this paragraph (2), benefits and privileges
18		include, but are not limited to, those benefits and privileges
19		available under the Veterans' Employment Act, the Viet Nam
20		Veterans Compensation Act, the Prisoner of War Bonus Act, the
21		War Bonus Extension Act, the Military Veterans Assistance Act,
22		the Veterans' Employment Representative Act, the Veterans
23		Preference Act, the Service Member's Employment Tenure Act, the
24		Housing for Veterans with Disabilities Act Disabled Veterans
25		Housing Act, the Under Age Veterans Benefits Act, the Survivors
26		Compensation Act, the Children of Deceased Veterans Act, the

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1		Veterans Burial Places Act, the Higher Education Student
2		Assistance Act, or any other loans, assistance in employment,
3		monetary payments, or tax exemptions offered by the State or
4		its political subdivisions for veterans or their dependents.
5		(Source: P.A. 96-1551, eff. 7-1-11.)
6		(720 ILCS 5/17-6.5)
7		Sec. 17-6.5. Persons under deportation order;
8		ineligibility for benefits.
9		(a) An individual against whom a United States Immigration
10		Judge has issued an order of deportation which has been
11		affirmed by the Board of Immigration Review, as well as an
12		individual who appeals such an order pending appeal, under
13		paragraph 19 of Section 241(a) of the Immigration and
14		Nationality Act relating to persecution of others on account of
15		race, religion, national origin or political opinion under the
16		direction of or in association with the Nazi government of
17		Germany or its allies, shall be ineligible for the following
18		benefits authorized by State law:
19		(1) The homestead exemptions and homestead improvement
20		exemption under Sections 15-170, 15-175, 15-176, and
21		15-180 of the Property Tax Code.
22		(2) Grants under the Senior Citizens and Persons with
23		Disabilities Disabled Persons Property Tax Relief Act.
24		(3) The double income tax exemption conferred upon
25		persons 65 years of age or older by Section 204 of the

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1		Illinois Income Tax Act.
2		(4) Grants provided by the Department on Aging.
3		(5) Reductions in vehicle registration fees under
4		Section 3-806.3 of the Illinois Vehicle Code.
5		(6) Free fishing and reduced fishing license fees under
6		Sections 20-5 and 20-40 of the Fish and Aquatic Life Code.
7		(7) Tuition free courses for senior citizens under the
8		Senior Citizen Courses Act.
9		(8) Any benefits under the Illinois Public Aid Code.
10		(b) If a person has been found by a court to have knowingly
11		received benefits in violation of subsection (a) and:
12		(1) the total monetary value of the benefits received
13		is less than $150, the person is guilty of a Class A
14		misdemeanor; a second or subsequent violation is a Class 4
15		felony;
16		(2) the total monetary value of the benefits received
17		is $150 or more but less than $1,000, the person is guilty
18		of a Class 4 felony; a second or subsequent violation is a
19		Class 3 felony;
20		(3) the total monetary value of the benefits received
21		is $1,000 or more but less than $5,000, the person is
22		guilty of a Class 3 felony; a second or subsequent
23		violation is a Class 2 felony;
24		(4) the total monetary value of the benefits received
25		is $5,000 or more but less than $10,000, the person is
26		guilty of a Class 2 felony; a second or subsequent

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1		violation is a Class 1 felony; or
2		(5) the total monetary value of the benefits received
3		is $10,000 or more, the person is guilty of a Class 1
4		felony.
5		(c) For purposes of determining the classification of an
6		offense under this Section, all of the monetary value of the
7		benefits received as a result of the unlawful act, practice, or
8		course of conduct may be accumulated.
9		(d) Any grants awarded to persons described in subsection
10		(a) may be recovered by the State of Illinois in a civil action
11		commenced by the Attorney General in the circuit court of
12		Sangamon County or the State's Attorney of the county of
13		residence of the person described in subsection (a).
14		(e) An individual described in subsection (a) who has been
15		deported shall be restored to any benefits which that
16		individual has been denied under State law pursuant to
17		subsection (a) if (i) the Attorney General of the United States
18		has issued an order cancelling deportation and has adjusted the
19		status of the individual to that of an alien lawfully admitted
20		for permanent residence in the United States or (ii) the
21		country to which the individual has been deported adjudicates
22		or exonerates the individual in a judicial or administrative
23		proceeding as not being guilty of the persecution of others on
24		account of race, religion, national origin, or political
25		opinion under the direction of or in association with the Nazi
26		government of Germany or its allies.

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1		(Source: P.A. 96-1551, eff. 7-1-11; 97-689, eff. 6-14-12.)
2		(720 ILCS 5/17-10.2) (was 720 ILCS 5/17-29)
3		Sec. 17-10.2. Businesses owned by minorities, females, and
4		persons with disabilities; fraudulent contracts with
5		governmental units.
6		(a) In this Section:
7		"Minority person" means a person who is any of the
8		following:
9		(1) American Indian or Alaska Native (a person having
10		origins in any of the original peoples of North and South
11		America, including Central America, and who maintains
12		tribal affiliation or community attachment).
13		(2) Asian (a person having origins in any of the
14		original peoples of the Far East, Southeast Asia, or the
15		Indian subcontinent, including, but not limited to,
16		Cambodia, China, India, Japan, Korea, Malaysia, Pakistan,
17		the Philippine Islands, Thailand, and Vietnam).
18		(3) Black or African American (a person having origins
19		in any of the black racial groups of Africa). Terms such as
20		"Haitian" or "Negro" can be used in addition to "Black or
21		African American".
22		(4) Hispanic or Latino (a person of Cuban, Mexican,
23		Puerto Rican, South or Central American, or other Spanish
24		culture or origin, regardless of race).
25		(5) Native Hawaiian or Other Pacific Islander (a person

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1		having origins in any of the original peoples of Hawaii,
2		Guam, Samoa, or other Pacific Islands).
3		"Female" means a person who is of the female gender.
4		"Person with a disability" means a person who is a
5		person qualifying as having a disability being disabled.
6		"Disability Disabled" means a severe physical or
7		mental disability that: (1) results from: amputation,
8		arthritis, autism, blindness, burn injury, cancer,
9		cerebral palsy, cystic fibrosis, deafness, head injury,
10		heart disease, hemiplegia, hemophilia, respiratory or
11		pulmonary dysfunction, an intellectual disability, mental
12		illness, multiple sclerosis, muscular dystrophy,
13		musculoskeletal disorders, neurological disorders,
14		including stroke and epilepsy, paraplegia, quadriplegia
15		and other spinal cord conditions, sickle cell anemia,
16		specific learning disabilities, or end stage renal failure
17		disease; and (2) substantially limits one or more of the
18		person's major life activities.
19		"Minority owned business" means a business concern
20		that is at least 51% owned by one or more minority persons,
21		or in the case of a corporation, at least 51% of the stock
22		in which is owned by one or more minority persons; and the
23		management and daily business operations of which are
24		controlled by one or more of the minority individuals who
25		own it.
26		"Female owned business" means a business concern that

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1		is at least 51% owned by one or more females, or, in the
2		case of a corporation, at least 51% of the stock in which
3		is owned by one or more females; and the management and
4		daily business operations of which are controlled by one or
5		more of the females who own it.
6		"Business owned by a person with a disability" means a
7		business concern that is at least 51% owned by one or more
8		persons with a disability and the management and daily
9		business operations of which are controlled by one or more
10		of the persons with disabilities who own it. A
11		not-for-profit agency for persons with disabilities that
12		is exempt from taxation under Section 501 of the Internal
13		Revenue Code of 1986 is also considered a "business owned
14		by a person with a disability".
15		"Governmental unit" means the State, a unit of local
16		government, or school district.
17		(b) In addition to any other penalties imposed by law or by
18		an ordinance or resolution of a unit of local government or
19		school district, any individual or entity that knowingly
20		obtains, or knowingly assists another to obtain, a contract
21		with a governmental unit, or a subcontract or written
22		commitment for a subcontract under a contract with a
23		governmental unit, by falsely representing that the individual
24		or entity, or the individual or entity assisted, is a minority
25		owned business, female owned business, or business owned by a
26		person with a disability is guilty of a Class 2 felony,

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1		regardless of whether the preference for awarding the contract
2		to a minority owned business, female owned business, or
3		business owned by a person with a disability was established by
4		statute or by local ordinance or resolution.
5		(c) In addition to any other penalties authorized by law,
6		the court shall order that an individual or entity convicted of
7		a violation of this Section must pay to the governmental unit
8		that awarded the contract a penalty equal to one and one-half
9		times the amount of the contract obtained because of the false
10		representation.
11		(Source: P.A. 96-1551, eff. 7-1-11; incorporates 97-227, eff.
12		1-1-12, and 97-396, eff. 1-1-12; 97-1109, eff. 1-1-13.)
13		(720 ILCS 5/18-1) (from Ch. 38, par. 18-1)
14		Sec. 18-1. Robbery; aggravated robbery.
15		(a) Robbery. A person commits robbery when he or she
16		knowingly takes property, except a motor vehicle covered by
17		Section 18-3 or 18-4, from the person or presence of another by
18		the use of force or by threatening the imminent use of force.
19		(b) Aggravated robbery.
20		(1) A person commits aggravated robbery when he or she
21		violates subsection (a) while indicating verbally or by his
22		or her actions to the victim that he or she is presently
23		armed with a firearm or other dangerous weapon, including a
24		knife, club, ax, or bludgeon. This offense shall be
25		applicable even though it is later determined that he or

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1		she had no firearm or other dangerous weapon, including a
2		knife, club, ax, or bludgeon, in his or her possession when
3		he or she committed the robbery.
4		(2) A person commits aggravated robbery when he or she
5		knowingly takes property from the person or presence of
6		another by delivering (by injection, inhalation,
7		ingestion, transfer of possession, or any other means) to
8		the victim without his or her consent, or by threat or
9		deception, and for other than medical purposes, any
10		controlled substance.
11		(c) Sentence.
12		Robbery is a Class 2 felony, unless the victim is 60 years
13		of age or over or is a person with a physical disability
14		physically handicapped person, or the robbery is committed in a
15		school, day care center, day care home, group day care home, or
16		part day child care facility, or place of worship, in which
17		case robbery is a Class 1 felony. Aggravated robbery is a Class
18		1 felony.
19		(d) Regarding penalties prescribed in subsection (c) for
20		violations committed in a day care center, day care home, group
21		day care home, or part day child care facility, the time of
22		day, time of year, and whether children under 18 years of age
23		were present in the day care center, day care home, group day
24		care home, or part day child care facility are irrelevant.
25		(Source: P.A. 96-556, eff. 1-1-10; 97-1108, eff. 1-1-13.)

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1		(720 ILCS 5/18-4)
2		Sec. 18-4. Aggravated vehicular hijacking.
3		(a) A person commits aggravated vehicular hijacking when he
4		or she violates Section 18-3; and
5		(1) the person from whose immediate presence the motor
6		vehicle is taken is a person with a physical disability
7		physically handicapped person or a person 60 years of age
8		or over; or
9		(2) a person under 16 years of age is a passenger in
10		the motor vehicle at the time of the offense; or
11		(3) he or she carries on or about his or her person, or
12		is otherwise armed with a dangerous weapon, other than a
13		firearm; or
14		(4) he or she carries on or about his or her person or
15		is otherwise armed with a firearm; or
16		(5) he or she, during the commission of the offense,
17		personally discharges a firearm; or
18		(6) he or she, during the commission of the offense,
19		personally discharges a firearm that proximately causes
20		great bodily harm, permanent disability, permanent
21		disfigurement, or death to another person.
22		(b) Sentence. Aggravated vehicular hijacking in violation
23		of subsections (a)(1) or (a)(2) is a Class X felony. A
24		violation of subsection (a)(3) is a Class X felony for which a
25		term of imprisonment of not less than 7 years shall be imposed.
26		A violation of subsection (a)(4) is a Class X felony for which

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1		15 years shall be added to the term of imprisonment imposed by
2		the court. A violation of subsection (a)(5) is a Class X felony
3		for which 20 years shall be added to the term of imprisonment
4		imposed by the court. A violation of subsection (a)(6) is a
5		Class X felony for which 25 years or up to a term of natural
6		life shall be added to the term of imprisonment imposed by the
7		court.
8		(Source: P.A. 97-1108, eff. 1-1-13.)
9		(720 ILCS 5/24-3) (from Ch. 38, par. 24-3)
10		Sec. 24-3. Unlawful sale or delivery of firearms.
11		(A) A person commits the offense of unlawful sale or
12		delivery of firearms when he or she knowingly does any of the
13		following:
14		(a) Sells or gives any firearm of a size which may be
15		concealed upon the person to any person under 18 years of
16		age.
17		(b) Sells or gives any firearm to a person under 21
18		years of age who has been convicted of a misdemeanor other
19		than a traffic offense or adjudged delinquent.
20		(c) Sells or gives any firearm to any narcotic addict.
21		(d) Sells or gives any firearm to any person who has
22		been convicted of a felony under the laws of this or any
23		other jurisdiction.
24		(e) Sells or gives any firearm to any person who has
25		been a patient in a mental institution within the past 5

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1		years. In this subsection (e):
2		"Mental institution" means any hospital,
3		institution, clinic, evaluation facility, mental
4		health center, or part thereof, which is used primarily
5		for the care or treatment of persons with mental
6		illness.
7		"Patient in a mental institution" means the person
8		was admitted, either voluntarily or involuntarily, to
9		a mental institution for mental health treatment,
10		unless the treatment was voluntary and solely for an
11		alcohol abuse disorder and no other secondary
12		substance abuse disorder or mental illness.
13		(f) Sells or gives any firearms to any person who is a
14		person with an intellectual disability intellectually
15		disabled.
16		(g) Delivers any firearm of a size which may be
17		concealed upon the person, incidental to a sale, without
18		withholding delivery of such firearm for at least 72 hours
19		after application for its purchase has been made, or
20		delivers any rifle, shotgun or other long gun, or a stun
21		gun or taser, incidental to a sale, without withholding
22		delivery of such rifle, shotgun or other long gun, or a
23		stun gun or taser for at least 24 hours after application
24		for its purchase has been made. However, this paragraph (g)
25		does not apply to: (1) the sale of a firearm to a law
26		enforcement officer if the seller of the firearm knows that

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1		the person to whom he or she is selling the firearm is a
2		law enforcement officer or the sale of a firearm to a
3		person who desires to purchase a firearm for use in
4		promoting the public interest incident to his or her
5		employment as a bank guard, armed truck guard, or other
6		similar employment; (2) a mail order sale of a firearm to a
7		nonresident of Illinois under which the firearm is mailed
8		to a point outside the boundaries of Illinois; (3) the sale
9		of a firearm to a nonresident of Illinois while at a
10		firearm showing or display recognized by the Illinois
11		Department of State Police; or (4) the sale of a firearm to
12		a dealer licensed as a federal firearms dealer under
13		Section 923 of the federal Gun Control Act of 1968 (18
14		U.S.C. 923). For purposes of this paragraph (g),
15		"application" means when the buyer and seller reach an
16		agreement to purchase a firearm.
17		(h) While holding any license as a dealer, importer,
18		manufacturer or pawnbroker under the federal Gun Control
19		Act of 1968, manufactures, sells or delivers to any
20		unlicensed person a handgun having a barrel, slide, frame
21		or receiver which is a die casting of zinc alloy or any
22		other nonhomogeneous metal which will melt or deform at a
23		temperature of less than 800 degrees Fahrenheit. For
24		purposes of this paragraph, (1) "firearm" is defined as in
25		the Firearm Owners Identification Card Act; and (2)
26		"handgun" is defined as a firearm designed to be held and

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1		fired by the use of a single hand, and includes a
2		combination of parts from which such a firearm can be
3		assembled.
4		(i) Sells or gives a firearm of any size to any person
5		under 18 years of age who does not possess a valid Firearm
6		Owner's Identification Card.
7		(j) Sells or gives a firearm while engaged in the
8		business of selling firearms at wholesale or retail without
9		being licensed as a federal firearms dealer under Section
10		923 of the federal Gun Control Act of 1968 (18 U.S.C. 923).
11		In this paragraph (j):
12		A person "engaged in the business" means a person who
13		devotes time, attention, and labor to engaging in the
14		activity as a regular course of trade or business with the
15		principal objective of livelihood and profit, but does not
16		include a person who makes occasional repairs of firearms
17		or who occasionally fits special barrels, stocks, or
18		trigger mechanisms to firearms.
19		"With the principal objective of livelihood and
20		profit" means that the intent underlying the sale or
21		disposition of firearms is predominantly one of obtaining
22		livelihood and pecuniary gain, as opposed to other intents,
23		such as improving or liquidating a personal firearms
24		collection; however, proof of profit shall not be required
25		as to a person who engages in the regular and repetitive
26		purchase and disposition of firearms for criminal purposes

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1		or terrorism.
2		(k) Sells or transfers ownership of a firearm to a
3		person who does not display to the seller or transferor of
4		the firearm a currently valid Firearm Owner's
5		Identification Card that has previously been issued in the
6		transferee's name by the Department of State Police under
7		the provisions of the Firearm Owners Identification Card
8		Act. This paragraph (k) does not apply to the transfer of a
9		firearm to a person who is exempt from the requirement of
10		possessing a Firearm Owner's Identification Card under
11		Section 2 of the Firearm Owners Identification Card Act.
12		For the purposes of this Section, a currently valid Firearm
13		Owner's Identification Card means (i) a Firearm Owner's
14		Identification Card that has not expired or (ii) an
15		approval number issued in accordance with subsection
16		(a-10) of subsection 3 or Section 3.1 of the Firearm Owners
17		Identification Card Act shall be proof that the Firearm
18		Owner's Identification Card was valid.
19		(1) In addition to the other requirements of this
20		paragraph (k), all persons who are not federally
21		licensed firearms dealers must also have complied with
22		subsection (a-10) of Section 3 of the Firearm Owners
23		Identification Card Act by determining the validity of
24		a purchaser's Firearm Owner's Identification Card.
25		(2) All sellers or transferors who have complied
26		with the requirements of subparagraph (1) of this

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1		paragraph (k) shall not be liable for damages in any
2		civil action arising from the use or misuse by the
3		transferee of the firearm transferred, except for
4		willful or wanton misconduct on the part of the seller
5		or transferor.
6		(l) Not being entitled to the possession of a firearm,
7		delivers the firearm, knowing it to have been stolen or
8		converted. It may be inferred that a person who possesses a
9		firearm with knowledge that its serial number has been
10		removed or altered has knowledge that the firearm is stolen
11		or converted.
12		(B) Paragraph (h) of subsection (A) does not include
13		firearms sold within 6 months after enactment of Public Act
14		78-355 (approved August 21, 1973, effective October 1, 1973),
15		nor is any firearm legally owned or possessed by any citizen or
16		purchased by any citizen within 6 months after the enactment of
17		Public Act 78-355 subject to confiscation or seizure under the
18		provisions of that Public Act. Nothing in Public Act 78-355
19		shall be construed to prohibit the gift or trade of any firearm
20		if that firearm was legally held or acquired within 6 months
21		after the enactment of that Public Act.
22		(C) Sentence.
23		(1) Any person convicted of unlawful sale or delivery
24		of firearms in violation of paragraph (c), (e), (f), (g),
25		or (h) of subsection (A) commits a Class 4 felony.
26		(2) Any person convicted of unlawful sale or delivery

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1		of firearms in violation of paragraph (b) or (i) of
2		subsection (A) commits a Class 3 felony.
3		(3) Any person convicted of unlawful sale or delivery
4		of firearms in violation of paragraph (a) of subsection (A)
5		commits a Class 2 felony.
6		(4) Any person convicted of unlawful sale or delivery
7		of firearms in violation of paragraph (a), (b), or (i) of
8		subsection (A) in any school, on the real property
9		comprising a school, within 1,000 feet of the real property
10		comprising a school, at a school related activity, or on or
11		within 1,000 feet of any conveyance owned, leased, or
12		contracted by a school or school district to transport
13		students to or from school or a school related activity,
14		regardless of the time of day or time of year at which the
15		offense was committed, commits a Class 1 felony. Any person
16		convicted of a second or subsequent violation of unlawful
17		sale or delivery of firearms in violation of paragraph (a),
18		(b), or (i) of subsection (A) in any school, on the real
19		property comprising a school, within 1,000 feet of the real
20		property comprising a school, at a school related activity,
21		or on or within 1,000 feet of any conveyance owned, leased,
22		or contracted by a school or school district to transport
23		students to or from school or a school related activity,
24		regardless of the time of day or time of year at which the
25		offense was committed, commits a Class 1 felony for which
26		the sentence shall be a term of imprisonment of no less

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1		than 5 years and no more than 15 years.
2		(5) Any person convicted of unlawful sale or delivery
3		of firearms in violation of paragraph (a) or (i) of
4		subsection (A) in residential property owned, operated, or
5		managed by a public housing agency or leased by a public
6		housing agency as part of a scattered site or mixed-income
7		development, in a public park, in a courthouse, on
8		residential property owned, operated, or managed by a
9		public housing agency or leased by a public housing agency
10		as part of a scattered site or mixed-income development, on
11		the real property comprising any public park, on the real
12		property comprising any courthouse, or on any public way
13		within 1,000 feet of the real property comprising any
14		public park, courthouse, or residential property owned,
15		operated, or managed by a public housing agency or leased
16		by a public housing agency as part of a scattered site or
17		mixed-income development commits a Class 2 felony.
18		(6) Any person convicted of unlawful sale or delivery
19		of firearms in violation of paragraph (j) of subsection (A)
20		commits a Class A misdemeanor. A second or subsequent
21		violation is a Class 4 felony.
22		(7) Any person convicted of unlawful sale or delivery
23		of firearms in violation of paragraph (k) of subsection (A)
24		commits a Class 4 felony, except that a violation of
25		subparagraph (1) of paragraph (k) of subsection (A) shall
26		not be punishable as a crime or petty offense. A third or

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1		subsequent conviction for a violation of paragraph (k) of
2		subsection (A) is a Class 1 felony.
3		(8) A person 18 years of age or older convicted of
4		unlawful sale or delivery of firearms in violation of
5		paragraph (a) or (i) of subsection (A), when the firearm
6		that was sold or given to another person under 18 years of
7		age was used in the commission of or attempt to commit a
8		forcible felony, shall be fined or imprisoned, or both, not
9		to exceed the maximum provided for the most serious
10		forcible felony so committed or attempted by the person
11		under 18 years of age who was sold or given the firearm.
12		(9) Any person convicted of unlawful sale or delivery
13		of firearms in violation of paragraph (d) of subsection (A)
14		commits a Class 3 felony.
15		(10) Any person convicted of unlawful sale or delivery
16		of firearms in violation of paragraph (l) of subsection (A)
17		commits a Class 2 felony if the delivery is of one firearm.
18		Any person convicted of unlawful sale or delivery of
19		firearms in violation of paragraph (l) of subsection (A)
20		commits a Class 1 felony if the delivery is of not less
21		than 2 and not more than 5 firearms at the same time or
22		within a one year period. Any person convicted of unlawful
23		sale or delivery of firearms in violation of paragraph (l)
24		of subsection (A) commits a Class X felony for which he or
25		she shall be sentenced to a term of imprisonment of not
26		less than 6 years and not more than 30 years if the

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1		delivery is of not less than 6 and not more than 10
2		firearms at the same time or within a 2 year period. Any
3		person convicted of unlawful sale or delivery of firearms
4		in violation of paragraph (l) of subsection (A) commits a
5		Class X felony for which he or she shall be sentenced to a
6		term of imprisonment of not less than 6 years and not more
7		than 40 years if the delivery is of not less than 11 and
8		not more than 20 firearms at the same time or within a 3
9		year period. Any person convicted of unlawful sale or
10		delivery of firearms in violation of paragraph (l) of
11		subsection (A) commits a Class X felony for which he or she
12		shall be sentenced to a term of imprisonment of not less
13		than 6 years and not more than 50 years if the delivery is
14		of not less than 21 and not more than 30 firearms at the
15		same time or within a 4 year period. Any person convicted
16		of unlawful sale or delivery of firearms in violation of
17		paragraph (l) of subsection (A) commits a Class X felony
18		for which he or she shall be sentenced to a term of
19		imprisonment of not less than 6 years and not more than 60
20		years if the delivery is of 31 or more firearms at the same
21		time or within a 5 year period.
22		(D) For purposes of this Section:
23		"School" means a public or private elementary or secondary
24		school, community college, college, or university.
25		"School related activity" means any sporting, social,
26		academic, or other activity for which students' attendance or

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1		participation is sponsored, organized, or funded in whole or in
2		part by a school or school district.
3		(E) A prosecution for a violation of paragraph (k) of
4		subsection (A) of this Section may be commenced within 6 years
5		after the commission of the offense. A prosecution for a
6		violation of this Section other than paragraph (g) of
7		subsection (A) of this Section may be commenced within 5 years
8		after the commission of the offense defined in the particular
9		paragraph.
10		(Source: P.A. 97-227, eff. 1-1-12; 97-347, eff. 1-1-12; 97-813,
11		eff. 7-13-12; 97-1167, eff. 6-1-13; 98-508, eff. 8-19-13.)
12		(720 ILCS 5/24-3.1) (from Ch. 38, par. 24-3.1)
13		Sec. 24-3.1. Unlawful possession of firearms and firearm
14		ammunition.
15		(a) A person commits the offense of unlawful possession of
16		firearms or firearm ammunition when:
17		(1) He is under 18 years of age and has in his
18		possession any firearm of a size which may be concealed
19		upon the person; or
20		(2) He is under 21 years of age, has been convicted of
21		a misdemeanor other than a traffic offense or adjudged
22		delinquent and has any firearms or firearm ammunition in
23		his possession; or
24		(3) He is a narcotic addict and has any firearms or
25		firearm ammunition in his possession; or

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1		(4) He has been a patient in a mental institution
2		within the past 5 years and has any firearms or firearm
3		ammunition in his possession. For purposes of this
4		paragraph (4):
5		"Mental institution" means any hospital,
6		institution, clinic, evaluation facility, mental
7		health center, or part thereof, which is used primarily
8		for the care or treatment of persons with mental
9		illness.
10		"Patient in a mental institution" means the person
11		was admitted, either voluntarily or involuntarily, to
12		a mental institution for mental health treatment,
13		unless the treatment was voluntary and solely for an
14		alcohol abuse disorder and no other secondary
15		substance abuse disorder or mental illness; or
16		(5) He is a person with an intellectual disability
17		intellectually disabled and has any firearms or firearm
18		ammunition in his possession; or
19		(6) He has in his possession any explosive bullet.
20		For purposes of this paragraph "explosive bullet" means the
21		projectile portion of an ammunition cartridge which contains or
22		carries an explosive charge which will explode upon contact
23		with the flesh of a human or an animal. "Cartridge" means a
24		tubular metal case having a projectile affixed at the front
25		thereof and a cap or primer at the rear end thereof, with the
26		propellant contained in such tube between the projectile and

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1		the cap.
2		(b) Sentence.
3		Unlawful possession of firearms, other than handguns, and
4		firearm ammunition is a Class A misdemeanor. Unlawful
5		possession of handguns is a Class 4 felony. The possession of
6		each firearm or firearm ammunition in violation of this Section
7		constitutes a single and separate violation.
8		(c) Nothing in paragraph (1) of subsection (a) of this
9		Section prohibits a person under 18 years of age from
10		participating in any lawful recreational activity with a
11		firearm such as, but not limited to, practice shooting at
12		targets upon established public or private target ranges or
13		hunting, trapping, or fishing in accordance with the Wildlife
14		Code or the Fish and Aquatic Life Code.
15		(Source: P.A. 97-227, eff. 1-1-12; 97-1167, eff. 6-1-13.)
16		(720 ILCS 5/48-10)
17		Sec. 48-10. Dangerous animals.
18		(a) Definitions. As used in this Section, unless the
19		context otherwise requires:
20		"Dangerous animal" means a lion, tiger, leopard,
21		ocelot, jaguar, cheetah, margay, mountain lion, lynx,
22		bobcat, jaguarundi, bear, hyena, wolf or coyote. Dangerous
23		animal does not mean any herptiles included in the
24		Herptiles-Herps Act.
25		"Owner" means any person who (1) has a right of

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1		property in a dangerous animal or primate, (2) keeps or
2		harbors a dangerous animal or primate, (3) has a dangerous
3		animal or primate in his or her care, or (4) acts as
4		custodian of a dangerous animal or primate.
5		"Person" means any individual, firm, association,
6		partnership, corporation, or other legal entity, any
7		public or private institution, the State, or any municipal
8		corporation or political subdivision of the State.
9		"Primate" means a nonhuman member of the order primate,
10		including but not limited to chimpanzee, gorilla,
11		orangutan, bonobo, gibbon, monkey, lemur, loris, aye-aye,
12		and tarsier.
13		(b) Dangerous animal or primate offense. No person shall
14		have a right of property in, keep, harbor, care for, act as
15		custodian of or maintain in his or her possession any dangerous
16		animal or primate except at a properly maintained zoological
17		park, federally licensed exhibit, circus, college or
18		university, scientific institution, research laboratory,
19		veterinary hospital, hound running area, or animal refuge in an
20		escape-proof enclosure.
21		(c) Exemptions.
22		(1) This Section does not prohibit a person who had
23		lawful possession of a primate before January 1, 2011, from
24		continuing to possess that primate if the person registers
25		the animal by providing written notification to the local
26		animal control administrator on or before April 1, 2011.

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1		The notification shall include:
2		(A) the person's name, address, and telephone
3		number; and
4		(B) the type of primate, the age, a photograph, a
5		description of any tattoo, microchip, or other
6		identifying information, and a list of current
7		inoculations.
8		(2) This Section does not prohibit a person who has a
9		permanent disability is permanently disabled with a severe
10		mobility impairment from possessing a single capuchin
11		monkey to assist the person in performing daily tasks if:
12		(A) the capuchin monkey was obtained from and
13		trained at a licensed nonprofit organization described
14		in Section 501(c)(3) of the Internal Revenue Code of
15		1986, the nonprofit tax status of which was obtained on
16		the basis of a mission to improve the quality of life
17		of severely mobility-impaired individuals; and
18		(B) the person complies with the notification
19		requirements as described in paragraph (1) of this
20		subsection (c).
21		(d) A person who registers a primate shall notify the local
22		animal control administrator within 30 days of a change of
23		address. If the person moves to another locality within the
24		State, the person shall register the primate with the new local
25		animal control administrator within 30 days of moving by
26		providing written notification as provided in paragraph (1) of

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1		subsection (c) and shall include proof of the prior
2		registration.
3		(e) A person who registers a primate shall notify the local
4		animal control administrator immediately if the primate dies,
5		escapes, or bites, scratches, or injures a person.
6		(f) It is no defense to a violation of subsection (b) that
7		the person violating subsection (b) has attempted to
8		domesticate the dangerous animal. If there appears to be
9		imminent danger to the public, any dangerous animal found not
10		in compliance with the provisions of this Section shall be
11		subject to seizure and may immediately be placed in an approved
12		facility. Upon the conviction of a person for a violation of
13		subsection (b), the animal with regard to which the conviction
14		was obtained shall be confiscated and placed in an approved
15		facility, with the owner responsible for all costs connected
16		with the seizure and confiscation of the animal. Approved
17		facilities include, but are not limited to, a zoological park,
18		federally licensed exhibit, humane society, veterinary
19		hospital or animal refuge.
20		(g) Sentence. Any person violating this Section is guilty
21		of a Class C misdemeanor. Any corporation or partnership, any
22		officer, director, manager or managerial agent of the
23		partnership or corporation who violates this Section or causes
24		the partnership or corporation to violate this Section is
25		guilty of a Class C misdemeanor. Each day of violation
26		constitutes a separate offense.

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1		(Source: P.A. 97-1108, eff. 1-1-13; 98-752, eff. 1-1-15.)
2		Section 885. The Discrimination in Sale of Real Estate Act
3		is amended by changing Section 1 as follows:
4		(720 ILCS 590/1) (from Ch. 38, par. 70-51)
5		Sec. 1. Inducements to sell or purchase by reason of race,
6		color, religion, national origin, ancestry, creed, physical or
7		mental disability handicap, or sex - Prohibition of
8		Solicitation.
9		It shall be unlawful for any person or corporation
10		knowingly:
11		(a) To solicit for sale, lease, listing or purchase any
12		residential real estate within the State of Illinois, on the
13		grounds of loss of value due to the present or prospective
14		entry into the vicinity of the property involved of any person
15		or persons of any particular race, color, religion, national
16		origin, ancestry, creed, physical or mental disability
17		handicap, or sex.
18		(b) To distribute or cause to be distributed, written
19		material or statements designed to induce any owner of
20		residential real estate in the State of Illinois to sell or
21		lease his or her property because of any present or prospective
22		changes in the race, color, religion, national origin,
23		ancestry, creed, physical or mental disability handicap, or
24		sex, of residents in the vicinity of the property involved.

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1		(c) To intentionally create alarm, among residents of any
2		community, by transmitting in any manner including a telephone
3		call whether or not conversation thereby ensues, with a design
4		to induce any owner of residential real estate in the State of
5		Illinois to sell or lease his or her property because of any
6		present or prospective entry into the vicinity of the property
7		involved of any person or persons of any particular race,
8		color, religion, national origin, ancestry, creed, physical or
9		mental disability handicap, or sex.
10		(d) To solicit any owner of residential property to sell or
11		list such residential property at any time after such person or
12		corporation has notice that such owner does not desire to sell
13		such residential property. For the purpose of this subsection,
14		notice must be provided as follows:
15		(1) The notice may be given by the owner personally or by a
16		third party in the owner's name, either in the form of an
17		individual notice or a list, provided it complies with this
18		subsection.
19		(2) Such notice shall be explicit as to whether each owner
20		on the notice seeks to avoid both solicitation for listing and
21		sale, or only for listing, or only for sale, as well as the
22		period of time for which any avoidance is desired. The notice
23		shall be dated and either of the following shall apply: (A)
24		each owner shall have signed the notice or (B) the person or
25		entity preparing the notice shall provide an accompanying
26		affidavit to the effect that all the names on the notice are,

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1		in fact, genuine as to the identity of the persons listed and
2		that such persons have requested not to be solicited as
3		indicated.
4		(3) The individual notice, or notice in the form of a list
5		with the accompanying affidavit, shall be served personally or
6		by certified or registered mail, return receipt requested.
7		(Source: P.A. 80-338; 80-920; 80-1364.)
8		Section 890. The Code of Criminal Procedure of 1963 is
9		amended by changing Section 102-23 and the heading of Article
10		106B and Sections 106B-5, 110-5, 114-15, 115-10, and 122-2.2 as
11		follows:
12		(725 ILCS 5/102-23)
13		Sec. 102-23. "Person with a moderate intellectual
14		disability Moderately intellectually disabled person" means a
15		person whose intelligence quotient is between 41 and 55 and who
16		does not suffer from significant mental illness to the extent
17		that the person's ability to exercise rational judgment is
18		impaired.
19		(Source: P.A. 97-227, eff. 1-1-12.)
20		(725 ILCS 5/Art. 106B heading)
21		ARTICLE 106B. VICTIMS OF SEXUAL ABUSE: CHILDREN AND PERSONS
22		WITH DEVELOPMENTAL DISABILITIES CHILD AND DEVELOPMENTALLY
23		DISABLED VICTIMS OF SEXUAL ABUSE

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1		(Source: P.A. 95-897, eff. 1-1-09.)
2		(725 ILCS 5/106B-5)
3		Sec. 106B-5. Testimony by a victim who is a child or a
4		person with a moderate, severe, or profound intellectual
5		disability moderately, severely, or profoundly intellectually
6		disabled person or a person affected by a developmental
7		disability.
8		(a) In a proceeding in the prosecution of an offense of
9		criminal sexual assault, predatory criminal sexual assault of a
10		child, aggravated criminal sexual assault, criminal sexual
11		abuse, or aggravated criminal sexual abuse, a court may order
12		that the testimony of a victim who is a child under the age of
13		18 years or a person with a moderate, severe, or profound
14		intellectual disability moderately, severely, or profoundly
15		intellectually disabled person or a person affected by a
16		developmental disability be taken outside the courtroom and
17		shown in the courtroom by means of a closed circuit television
18		if:
19		(1) the testimony is taken during the proceeding; and
20		(2) the judge determines that testimony by the child
21		victim or victim with a moderate, severe, or profound
22		intellectual disability moderately, severely, or
23		profoundly intellectually disabled victim or victim
24		affected by a developmental disability in the courtroom
25		will result in the child or person with a moderate, severe,

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1		or profound intellectual disability moderately, severely,
2		or profoundly intellectually disabled person or person
3		affected by a developmental disability suffering serious
4		emotional distress such that the child or person with a
5		moderate, severe, or profound intellectual disability
6		moderately, severely, or profoundly intellectually
7		disabled person or person affected by a developmental
8		disability cannot reasonably communicate or that the child
9		or person with a moderate, severe, or profound intellectual
10		disability moderately, severely, or profoundly
11		intellectually disabled person or person affected by a
12		developmental disability will suffer severe emotional
13		distress that is likely to cause the child or person with a
14		moderate, severe, or profound intellectual disability
15		moderately, severely, or profoundly intellectually
16		disabled person or person affected by a developmental
17		disability to suffer severe adverse effects.
18		(b) Only the prosecuting attorney, the attorney for the
19		defendant, and the judge may question the child or person with
20		a moderate, severe, or profound intellectual disability
21		moderately, severely, or profoundly intellectually disabled
22		person or person affected by a developmental disability.
23		(c) The operators of the closed circuit television shall
24		make every effort to be unobtrusive.
25		(d) Only the following persons may be in the room with the
26		child or person with a moderate, severe, or profound

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1		intellectual disability moderately, severely, or profoundly
2		intellectually disabled person or person affected by a
3		developmental disability when the child or person with a
4		moderate, severe, or profound intellectual disability
5		moderately, severely, or profoundly intellectually disabled
6		person or person affected by a developmental disability
7		testifies by closed circuit television:
8		(1) the prosecuting attorney;
9		(2) the attorney for the defendant;
10		(3) the judge;
11		(4) the operators of the closed circuit television
12		equipment; and
13		(5) any person or persons whose presence, in the
14		opinion of the court, contributes to the well-being of the
15		child or person with a moderate, severe, or profound
16		intellectual disability moderately, severely, or
17		profoundly intellectually disabled person or person
18		affected by a developmental disability, including a person
19		who has dealt with the child in a therapeutic setting
20		concerning the abuse, a parent or guardian of the child or
21		person with a moderate, severe, or profound intellectual
22		disability moderately, severely, or profoundly
23		intellectually disabled person or person affected by a
24		developmental disability, and court security personnel.
25		(e) During the child's or person with a moderate, severe,
26		or profound intellectual disability moderately, severely, or

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1		profoundly intellectually disabled person's or person affected
2		by a developmental disability's testimony by closed circuit
3		television, the defendant shall be in the courtroom and shall
4		not communicate with the jury if the cause is being heard
5		before a jury.
6		(f) The defendant shall be allowed to communicate with the
7		persons in the room where the child or person with a moderate,
8		severe, or profound intellectual disability moderately,
9		severely, or profoundly intellectually disabled person or
10		person affected by a developmental disability is testifying by
11		any appropriate electronic method.
12		(g) The provisions of this Section do not apply if the
13		defendant represents himself pro se.
14		(h) This Section may not be interpreted to preclude, for
15		purposes of identification of a defendant, the presence of both
16		the victim and the defendant in the courtroom at the same time.
17		(i) This Section applies to prosecutions pending on or
18		commenced on or after the effective date of this amendatory Act
19		of 1994.
20		(j) For the purposes of this Section, "developmental
21		disability" includes, but is not limited to, cerebral palsy,
22		epilepsy, and autism.
23		(Source: P.A. 97-227, eff. 1-1-12.)
24		(725 ILCS 5/110-5) (from Ch. 38, par. 110-5)
25		Sec. 110-5. Determining the amount of bail and conditions

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1		of release.
2		(a) In determining the amount of monetary bail or
3		conditions of release, if any, which will reasonably assure the
4		appearance of a defendant as required or the safety of any
5		other person or the community and the likelihood of compliance
6		by the defendant with all the conditions of bail, the court
7		shall, on the basis of available information, take into account
8		such matters as the nature and circumstances of the offense
9		charged, whether the evidence shows that as part of the offense
10		there was a use of violence or threatened use of violence,
11		whether the offense involved corruption of public officials or
12		employees, whether there was physical harm or threats of
13		physical harm to any public official, public employee, judge,
14		prosecutor, juror or witness, senior citizen, child, or person
15		with a disability handicapped person, whether evidence shows
16		that during the offense or during the arrest the defendant
17		possessed or used a firearm, machine gun, explosive or metal
18		piercing ammunition or explosive bomb device or any military or
19		paramilitary armament, whether the evidence shows that the
20		offense committed was related to or in furtherance of the
21		criminal activities of an organized gang or was motivated by
22		the defendant's membership in or allegiance to an organized
23		gang, the condition of the victim, any written statement
24		submitted by the victim or proffer or representation by the
25		State regarding the impact which the alleged criminal conduct
26		has had on the victim and the victim's concern, if any, with

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1		further contact with the defendant if released on bail, whether
2		the offense was based on racial, religious, sexual orientation
3		or ethnic hatred, the likelihood of the filing of a greater
4		charge, the likelihood of conviction, the sentence applicable
5		upon conviction, the weight of the evidence against such
6		defendant, whether there exists motivation or ability to flee,
7		whether there is any verification as to prior residence,
8		education, or family ties in the local jurisdiction, in another
9		county, state or foreign country, the defendant's employment,
10		financial resources, character and mental condition, past
11		conduct, prior use of alias names or dates of birth, and length
12		of residence in the community, the consent of the defendant to
13		periodic drug testing in accordance with Section 110-6.5,
14		whether a foreign national defendant is lawfully admitted in
15		the United States of America, whether the government of the
16		foreign national maintains an extradition treaty with the
17		United States by which the foreign government will extradite to
18		the United States its national for a trial for a crime
19		allegedly committed in the United States, whether the defendant
20		is currently subject to deportation or exclusion under the
21		immigration laws of the United States, whether the defendant,
22		although a United States citizen, is considered under the law
23		of any foreign state a national of that state for the purposes
24		of extradition or non-extradition to the United States, the
25		amount of unrecovered proceeds lost as a result of the alleged
26		offense, the source of bail funds tendered or sought to be

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1		tendered for bail, whether from the totality of the court's
2		consideration, the loss of funds posted or sought to be posted
3		for bail will not deter the defendant from flight, whether the
4		evidence shows that the defendant is engaged in significant
5		possession, manufacture, or delivery of a controlled substance
6		or cannabis, either individually or in consort with others,
7		whether at the time of the offense charged he or she was on
8		bond or pre-trial release pending trial, probation, periodic
9		imprisonment or conditional discharge pursuant to this Code or
10		the comparable Code of any other state or federal jurisdiction,
11		whether the defendant is on bond or pre-trial release pending
12		the imposition or execution of sentence or appeal of sentence
13		for any offense under the laws of Illinois or any other state
14		or federal jurisdiction, whether the defendant is under parole,
15		aftercare release, mandatory supervised release, or work
16		release from the Illinois Department of Corrections or Illinois
17		Department of Juvenile Justice or any penal institution or
18		corrections department of any state or federal jurisdiction,
19		the defendant's record of convictions, whether the defendant
20		has been convicted of a misdemeanor or ordinance offense in
21		Illinois or similar offense in other state or federal
22		jurisdiction within the 10 years preceding the current charge
23		or convicted of a felony in Illinois, whether the defendant was
24		convicted of an offense in another state or federal
25		jurisdiction that would be a felony if committed in Illinois
26		within the 20 years preceding the current charge or has been

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1		convicted of such felony and released from the penitentiary
2		within 20 years preceding the current charge if a penitentiary
3		sentence was imposed in Illinois or other state or federal
4		jurisdiction, the defendant's records of juvenile adjudication
5		of delinquency in any jurisdiction, any record of appearance or
6		failure to appear by the defendant at court proceedings,
7		whether there was flight to avoid arrest or prosecution,
8		whether the defendant escaped or attempted to escape to avoid
9		arrest, whether the defendant refused to identify himself or
10		herself, or whether there was a refusal by the defendant to be
11		fingerprinted as required by law. Information used by the court
12		in its findings or stated in or offered in connection with this
13		Section may be by way of proffer based upon reliable
14		information offered by the State or defendant. All evidence
15		shall be admissible if it is relevant and reliable regardless
16		of whether it would be admissible under the rules of evidence
17		applicable at criminal trials. If the State presents evidence
18		that the offense committed by the defendant was related to or
19		in furtherance of the criminal activities of an organized gang
20		or was motivated by the defendant's membership in or allegiance
21		to an organized gang, and if the court determines that the
22		evidence may be substantiated, the court shall prohibit the
23		defendant from associating with other members of the organized
24		gang as a condition of bail or release. For the purposes of
25		this Section, "organized gang" has the meaning ascribed to it
26		in Section 10 of the Illinois Streetgang Terrorism Omnibus

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1		Prevention Act.
2		(b) The amount of bail shall be:
3		(1) Sufficient to assure compliance with the
4		conditions set forth in the bail bond, which shall include
5		the defendant's current address with a written
6		admonishment to the defendant that he or she must comply
7		with the provisions of Section 110-12 regarding any change
8		in his or her address. The defendant's address shall at all
9		times remain a matter of public record with the clerk of
10		the court.
11		(2) Not oppressive.
12		(3) Considerate of the financial ability of the
13		accused.
14		(4) When a person is charged with a drug related
15		offense involving possession or delivery of cannabis or
16		possession or delivery of a controlled substance as defined
17		in the Cannabis Control Act, the Illinois Controlled
18		Substances Act, or the Methamphetamine Control and
19		Community Protection Act, the full street value of the
20		drugs seized shall be considered. "Street value" shall be
21		determined by the court on the basis of a proffer by the
22		State based upon reliable information of a law enforcement
23		official contained in a written report as to the amount
24		seized and such proffer may be used by the court as to the
25		current street value of the smallest unit of the drug
26		seized.

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1		(b-5) Upon the filing of a written request demonstrating
2		reasonable cause, the State's Attorney may request a source of
3		bail hearing either before or after the posting of any funds.
4		If the hearing is granted, before the posting of any bail, the
5		accused must file a written notice requesting that the court
6		conduct a source of bail hearing. The notice must be
7		accompanied by justifying affidavits stating the legitimate
8		and lawful source of funds for bail. At the hearing, the court
9		shall inquire into any matters stated in any justifying
10		affidavits, and may also inquire into matters appropriate to
11		the determination which shall include, but are not limited to,
12		the following:
13		(1) the background, character, reputation, and
14		relationship to the accused of any surety; and
15		(2) the source of any money or property deposited by
16		any surety, and whether any such money or property
17		constitutes the fruits of criminal or unlawful conduct; and
18		(3) the source of any money posted as cash bail, and
19		whether any such money constitutes the fruits of criminal
20		or unlawful conduct; and
21		(4) the background, character, reputation, and
22		relationship to the accused of the person posting cash
23		bail.
24		Upon setting the hearing, the court shall examine, under
25		oath, any persons who may possess material information.
26		The State's Attorney has a right to attend the hearing, to

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1		call witnesses and to examine any witness in the proceeding.
2		The court shall, upon request of the State's Attorney, continue
3		the proceedings for a reasonable period to allow the State's
4		Attorney to investigate the matter raised in any testimony or
5		affidavit. If the hearing is granted after the accused has
6		posted bail, the court shall conduct a hearing consistent with
7		this subsection (b-5). At the conclusion of the hearing, the
8		court must issue an order either approving of disapproving the
9		bail.
10		(c) When a person is charged with an offense punishable by
11		fine only the amount of the bail shall not exceed double the
12		amount of the maximum penalty.
13		(d) When a person has been convicted of an offense and only
14		a fine has been imposed the amount of the bail shall not exceed
15		double the amount of the fine.
16		(e) The State may appeal any order granting bail or setting
17		a given amount for bail.
18		(f) When a person is charged with a violation of an order
19		of protection under Section 12-3.4 or 12-30 of the Criminal
20		Code of 1961 or the Criminal Code of 2012 or when a person is
21		charged with domestic battery, aggravated domestic battery,
22		kidnapping, aggravated kidnaping, unlawful restraint,
23		aggravated unlawful restraint, stalking, aggravated stalking,
24		cyberstalking, harassment by telephone, harassment through
25		electronic communications, or an attempt to commit first degree
26		murder committed against an intimate partner regardless

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1		whether an order of protection has been issued against the
2		person,
3		(1) whether the alleged incident involved harassment
4		or abuse, as defined in the Illinois Domestic Violence Act
5		of 1986;
6		(2) whether the person has a history of domestic
7		violence, as defined in the Illinois Domestic Violence Act,
8		or a history of other criminal acts;
9		(3) based on the mental health of the person;
10		(4) whether the person has a history of violating the
11		orders of any court or governmental entity;
12		(5) whether the person has been, or is, potentially a
13		threat to any other person;
14		(6) whether the person has access to deadly weapons or
15		a history of using deadly weapons;
16		(7) whether the person has a history of abusing alcohol
17		or any controlled substance;
18		(8) based on the severity of the alleged incident that
19		is the basis of the alleged offense, including, but not
20		limited to, the duration of the current incident, and
21		whether the alleged incident involved the use of a weapon,
22		physical injury, sexual assault, strangulation, abuse
23		during the alleged victim's pregnancy, abuse of pets, or
24		forcible entry to gain access to the alleged victim;
25		(9) whether a separation of the person from the alleged
26		victim or a termination of the relationship between the

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1		person and the alleged victim has recently occurred or is
2		pending;
3		(10) whether the person has exhibited obsessive or
4		controlling behaviors toward the alleged victim,
5		including, but not limited to, stalking, surveillance, or
6		isolation of the alleged victim or victim's family member
7		or members;
8		(11) whether the person has expressed suicidal or
9		homicidal ideations;
10		(12) based on any information contained in the
11		complaint and any police reports, affidavits, or other
12		documents accompanying the complaint,
13		the court may, in its discretion, order the respondent to
14		undergo a risk assessment evaluation using a recognized,
15		evidence-based instrument conducted by an Illinois Department
16		of Human Services approved partner abuse intervention program
17		provider, pretrial service, probation, or parole agency. These
18		agencies shall have access to summaries of the defendant's
19		criminal history, which shall not include victim interviews or
20		information, for the risk evaluation. Based on the information
21		collected from the 12 points to be considered at a bail hearing
22		under this subsection (f), the results of any risk evaluation
23		conducted and the other circumstances of the violation, the
24		court may order that the person, as a condition of bail, be
25		placed under electronic surveillance as provided in Section
26		5-8A-7 of the Unified Code of Corrections. Upon making a

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1		determination whether or not to order the respondent to undergo
2		a risk assessment evaluation or to be placed under electronic
3		surveillance and risk assessment, the court shall document in
4		the record the court's reasons for making those determinations.
5		The cost of the electronic surveillance and risk assessment
6		shall be paid by, or on behalf, of the defendant. As used in
7		this subsection (f), "intimate partner" means a spouse or a
8		current or former partner in a cohabitation or dating
9		relationship.
10		(Source: P.A. 97-1150, eff. 1-25-13; 98-558, eff. 1-1-14;
11		98-1012, eff. 1-1-15.)
12		(725 ILCS 5/114-15)
13		Sec. 114-15. Intellectual disability.
14		(a) In a first degree murder case in which the State seeks
15		the death penalty as an appropriate sentence, any party may
16		raise the issue of the defendant's intellectual disabilities by
17		motion. A defendant wishing to raise the issue of his or her
18		intellectual disabilities shall provide written notice to the
19		State and the court as soon as the defendant reasonably
20		believes such issue will be raised.
21		(b) The issue of the defendant's intellectual disabilities
22		shall be determined in a pretrial hearing. The court shall be
23		the fact finder on the issue of the defendant's intellectual
24		disabilities and shall determine the issue by a preponderance
25		of evidence in which the moving party has the burden of proof.

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1		The court may appoint an expert in the field of intellectual
2		disabilities. The defendant and the State may offer experts
3		from the field of intellectual disabilities. The court shall
4		determine admissibility of evidence and qualification as an
5		expert.
6		(c) If after a plea of guilty to first degree murder, or a
7		finding of guilty of first degree murder in a bench trial, or a
8		verdict of guilty for first degree murder in a jury trial, or
9		on a matter remanded from the Supreme Court for sentencing for
10		first degree murder, and the State seeks the death penalty as
11		an appropriate sentence, the defendant may raise the issue of
12		defendant's intellectual disabilities not at eligibility but
13		at aggravation and mitigation. The defendant and the State may
14		offer experts from the field of intellectual disabilities. The
15		court shall determine admissibility of evidence and
16		qualification as an expert.
17		(d) In determining whether the defendant is a person with
18		an intellectual disability intellectually disabled, the
19		intellectual disability must have manifested itself by the age
20		of 18. IQ tests and psychometric tests administered to the
21		defendant must be the kind and type recognized by experts in
22		the field of intellectual disabilities. In order for the
23		defendant to be considered a person with an intellectual
24		disability intellectually disabled, a low IQ must be
25		accompanied by significant deficits in adaptive behavior in at
26		least 2 of the following skill areas: communication, self-care,

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1		social or interpersonal skills, home living, self-direction,
2		academics, health and safety, use of community resources, and
3		work. An intelligence quotient (IQ) of 75 or below is
4		presumptive evidence of an intellectual disability.
5		(e) Evidence of an intellectual disability that did not
6		result in disqualifying the case as a capital case, may be
7		introduced as evidence in mitigation during a capital
8		sentencing hearing. A failure of the court to determine that
9		the defendant is a person with an intellectual disability
10		intellectually disabled does not preclude the court during
11		trial from allowing evidence relating to mental disability
12		should the court deem it appropriate.
13		(f) If the court determines at a pretrial hearing or after
14		remand that a capital defendant is a person with an
15		intellectual disability intellectually disabled, and the State
16		does not appeal pursuant to Supreme Court Rule 604, the case
17		shall no longer be considered a capital case and the procedural
18		guidelines established for capital cases shall no longer be
19		applicable to the defendant. In that case, the defendant shall
20		be sentenced under the sentencing provisions of Chapter V of
21		the Unified Code of Corrections.
22		(Source: P.A. 97-227, eff. 1-1-12.)
23		(725 ILCS 5/115-10) (from Ch. 38, par. 115-10)
24		Sec. 115-10. Certain hearsay exceptions.
25		(a) In a prosecution for a physical or sexual act

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1		perpetrated upon or against a child under the age of 13, or a
2		person who was a person with a moderate, severe, or profound
3		intellectual disability moderately, severely, or profoundly
4		intellectually disabled person as defined in this Code and in
5		Section 2-10.1 of the Criminal Code of 1961 or the Criminal
6		Code of 2012 at the time the act was committed, including but
7		not limited to prosecutions for violations of Sections 11-1.20
8		through 11-1.60 or 12-13 through 12-16 of the Criminal Code of
9		1961 or the Criminal Code of 2012 and prosecutions for
10		violations of Sections 10-1 (kidnapping), 10-2 (aggravated
11		kidnapping), 10-3 (unlawful restraint), 10-3.1 (aggravated
12		unlawful restraint), 10-4 (forcible detention), 10-5 (child
13		abduction), 10-6 (harboring a runaway), 10-7 (aiding or
14		abetting child abduction), 11-9 (public indecency), 11-11
15		(sexual relations within families), 11-21 (harmful material),
16		12-1 (assault), 12-2 (aggravated assault), 12-3 (battery),
17		12-3.2 (domestic battery), 12-3.3 (aggravated domestic
18		battery), 12-3.05 or 12-4 (aggravated battery), 12-4.1
19		(heinous battery), 12-4.2 (aggravated battery with a firearm),
20		12-4.3 (aggravated battery of a child), 12-4.7 (drug induced
21		infliction of great bodily harm), 12-5 (reckless conduct), 12-6
22		(intimidation), 12-6.1 or 12-6.5 (compelling organization
23		membership of persons), 12-7.1 (hate crime), 12-7.3
24		(stalking), 12-7.4 (aggravated stalking), 12-10 or 12C-35
25		(tattooing the body of a minor), 12-11 or 19-6 (home invasion),
26		12-21.5 or 12C-10 (child abandonment), 12-21.6 or 12C-5

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1		(endangering the life or health of a child) or 12-32 (ritual
2		mutilation) of the Criminal Code of 1961 or the Criminal Code
3		of 2012 or any sex offense as defined in subsection (B) of
4		Section 2 of the Sex Offender Registration Act, the following
5		evidence shall be admitted as an exception to the hearsay rule:
6		(1) testimony by the victim of an out of court
7		statement made by the victim that he or she complained of
8		such act to another; and
9		(2) testimony of an out of court statement made by the
10		victim describing any complaint of such act or matter or
11		detail pertaining to any act which is an element of an
12		offense which is the subject of a prosecution for a sexual
13		or physical act against that victim.
14		(b) Such testimony shall only be admitted if:
15		(1) The court finds in a hearing conducted outside the
16		presence of the jury that the time, content, and
17		circumstances of the statement provide sufficient
18		safeguards of reliability; and
19		(2) The child or person with a moderate, severe, or
20		profound intellectual disability moderately, severely, or
21		profoundly intellectually disabled person either:
22		(A) testifies at the proceeding; or
23		(B) is unavailable as a witness and there is
24		corroborative evidence of the act which is the subject
25		of the statement; and
26		(3) In a case involving an offense perpetrated against

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1		a child under the age of 13, the out of court statement was
2		made before the victim attained 13 years of age or within 3
3		months after the commission of the offense, whichever
4		occurs later, but the statement may be admitted regardless
5		of the age of the victim at the time of the proceeding.
6		(c) If a statement is admitted pursuant to this Section,
7		the court shall instruct the jury that it is for the jury to
8		determine the weight and credibility to be given the statement
9		and that, in making the determination, it shall consider the
10		age and maturity of the child, or the intellectual capabilities
11		of the person with a moderate, severe, or profound intellectual
12		disability moderately, severely, or profoundly intellectually
13		disabled person, the nature of the statement, the circumstances
14		under which the statement was made, and any other relevant
15		factor.
16		(d) The proponent of the statement shall give the adverse
17		party reasonable notice of his intention to offer the statement
18		and the particulars of the statement.
19		(e) Statements described in paragraphs (1) and (2) of
20		subsection (a) shall not be excluded on the basis that they
21		were obtained as a result of interviews conducted pursuant to a
22		protocol adopted by a Child Advocacy Advisory Board as set
23		forth in subsections (c), (d), and (e) of Section 3 of the
24		Children's Advocacy Center Act or that an interviewer or
25		witness to the interview was or is an employee, agent, or
26		investigator of a State's Attorney's office.

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1		(Source: P.A. 96-710, eff. 1-1-10; 96-1551, Article 1, Section
2		965, eff. 7-1-11; 96-1551, Article 2, Section 1040, eff.
3		7-1-11; 97-227, eff. 1-1-12; 97-1108, eff. 1-1-13; 97-1109,
4		eff. 1-1-13; 97-1150, eff. 1-25-13.)
5		(725 ILCS 5/122-2.2)
6		Sec. 122-2.2. Intellectual disability and post-conviction
7		relief.
8		(a) In cases where no determination of an intellectual
9		disability was made and a defendant has been convicted of
10		first-degree murder, sentenced to death, and is in custody
11		pending execution of the sentence of death, the following
12		procedures shall apply:
13		(1) Notwithstanding any other provision of law or rule
14		of court, a defendant may seek relief from the death
15		sentence through a petition for post-conviction relief
16		under this Article alleging that the defendant was a person
17		with an intellectual disability intellectually disabled as
18		defined in Section 114-15 at the time the offense was
19		alleged to have been committed.
20		(2) The petition must be filed within 180 days of the
21		effective date of this amendatory Act of the 93rd General
22		Assembly or within 180 days of the issuance of the mandate
23		by the Illinois Supreme Court setting the date of
24		execution, whichever is later.
25		(b) (3) All other provisions of this Article governing

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1		petitions for post-conviction relief shall apply to a petition
2		for post-conviction relief alleging an intellectual
3		disability.
4		(Source: P.A. 97-227, eff. 1-1-12; revised 12-10-14.)
5		Section 895. The Rights of Crime Victims and Witnesses Act
6		is amended by changing Section 3 as follows:
7		(725 ILCS 120/3) (from Ch. 38, par. 1403)
8		Sec. 3. The terms used in this Act, unless the context
9		clearly requires otherwise, shall have the following meanings:
10		(a) "Crime victim" and "victim" mean (1) a person
11		physically injured in this State as a result of a violent crime
12		perpetrated or attempted against that person or (2) a person
13		who suffers injury to or loss of property as a result of a
14		violent crime perpetrated or attempted against that person or
15		(3) a single representative who may be the spouse, parent,
16		child or sibling of a person killed as a result of a violent
17		crime perpetrated against the person killed or the spouse,
18		parent, child or sibling of any person granted rights under
19		this Act who is physically or mentally incapable of exercising
20		such rights, except where the spouse, parent, child or sibling
21		is also the defendant or prisoner or (4) any person against
22		whom a violent crime has been committed or (5) any person who
23		has suffered personal injury as a result of a violation of
24		Section 11-501 of the Illinois Vehicle Code, or of a similar

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1		provision of a local ordinance, or of Section 9-3 of the
2		Criminal Code of 1961 or the Criminal Code of 2012 or (6) in
3		proceedings under the Juvenile Court Act of 1987, both parents,
4		legal guardians, foster parents, or a single adult
5		representative of a minor or person with a disability disabled
6		person who is a crime victim.
7		(b) "Witness" means any person who personally observed the
8		commission of a violent crime and who will testify on behalf of
9		the State of Illinois in the criminal prosecution of the
10		violent crime.
11		(c) "Violent Crime" means any felony in which force or
12		threat of force was used against the victim, or any offense
13		involving sexual exploitation, sexual conduct or sexual
14		penetration, or a violation of Section 11-20.1, 11-20.1B, or
15		11-20.3 of the Criminal Code of 1961 or the Criminal Code of
16		2012, domestic battery, violation of an order of protection,
17		stalking, or any misdemeanor which results in death or great
18		bodily harm to the victim or any violation of Section 9-3 of
19		the Criminal Code of 1961 or the Criminal Code of 2012, or
20		Section 11-501 of the Illinois Vehicle Code, or a similar
21		provision of a local ordinance, if the violation resulted in
22		personal injury or death, and includes any action committed by
23		a juvenile that would be a violent crime if committed by an
24		adult. For the purposes of this paragraph, "personal injury"
25		shall include any Type A injury as indicated on the traffic
26		accident report completed by a law enforcement officer that

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1		requires immediate professional attention in either a doctor's
2		office or medical facility. A type A injury shall include
3		severely bleeding wounds, distorted extremities, and injuries
4		that require the injured party to be carried from the scene.
5		(d) "Sentencing Hearing" means any hearing where a sentence
6		is imposed by the court on a convicted defendant and includes
7		hearings conducted pursuant to Sections 5-6-4, 5-6-4.1, 5-7-2
8		and 5-7-7 of the Unified Code of Corrections.
9		(e) "Court proceedings" includes the preliminary hearing,
10		any hearing the effect of which may be the release of the
11		defendant from custody or to alter the conditions of bond, the
12		trial, sentencing hearing, notice of appeal, any modification
13		of sentence, probation revocation hearings, aftercare release
14		or parole hearings.
15		(f) "Concerned citizen" includes relatives of the victim,
16		friends of the victim, witnesses to the crime, or any other
17		person associated with the victim or prisoner.
18		(Source: P.A. 97-572, eff. 1-1-12; 97-1150, eff. 1-25-13;
19		98-558, eff. 1-1-14.)
20		Section 900. The Sexually Violent Persons Commitment Act is
21		amended by changing Section 90 as follows:
22		(725 ILCS 207/90)
23		Sec. 90. Committed persons ability to pay for services.
24		Each person committed or detained under this Act who receives

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1		services provided directly or funded by the Department and the
2		estate of that person is liable for the payment of sums
3		representing charges for services to the person at a rate to be
4		determined by the Department. Services charges against that
5		person take effect on the date of admission or the effective
6		date of this Section. The Department in its rules may establish
7		a maximum rate for the cost of services. In the case of any
8		person who has received residential services from the
9		Department, whether directly from the Department or through a
10		public or private agency or entity funded by the Department,
11		the liability shall be the same regardless of the source of
12		services. When the person is placed in a facility outside the
13		Department, the facility shall collect reimbursement from the
14		person. The Department may supplement the contribution of the
15		person to private facilities after all other sources of income
16		have been utilized; however the supplement shall not exceed the
17		allowable rate under Title XVIII or Title XIX of the Federal
18		Social Security Act for those persons eligible for those
19		respective programs. The Department may pay the actual costs of
20		services or maintenance in the facility and may collect
21		reimbursement for the entire amount paid from the person or an
22		amount not to exceed the maximum. Lesser or greater amounts may
23		be accepted by the Department when conditions warrant that
24		action or when offered by persons not liable under this Act.
25		Nothing in this Section shall preclude the Department from
26		applying federal benefits that are specifically provided for

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1		the care and treatment of a person with a disability disabled
2		person toward the cost of care provided by a State facility or
3		private agency. The Department may investigate the financial
4		condition of each person committed under this Act, may make
5		determinations of the ability of each such person to pay sums
6		representing services charges, and for those purposes may set a
7		standard as a basis of judgment of ability to pay. The
8		Department shall by rule make provisions for unusual and
9		exceptional circumstances in the application of that standard.
10		The Department may issue to any person liable under this Act a
11		statement of amount due as treatment charges requiring him or
12		her to pay monthly, quarterly, or otherwise as may be arranged,
13		an amount not exceeding that required under this Act, plus fees
14		to which the Department may be entitled under this Act.
15		(a) Whenever an individual is covered, in part or in whole,
16		under any type of insurance arrangement, private or public, for
17		services provided by the Department, the proceeds from the
18		insurance shall be considered as part of the individual's
19		ability to pay notwithstanding that the insurance contract was
20		entered into by a person other than the individual or that the
21		premiums for the insurance were paid for by a person other than
22		the individual. Remittances from intermediary agencies under
23		Title XVIII of the Federal Social Security Act for services to
24		committed persons shall be deposited with the State Treasurer
25		and placed in the Mental Health Fund. Payments received from
26		the Department of Healthcare and Family Services under Title

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1		XIX of the Federal Social Security Act for services to those
2		persons shall be deposited with the State Treasurer and shall
3		be placed in the General Revenue Fund.
4		(b) Any person who has been issued a Notice of
5		Determination of sums due as services charges may petition the
6		Department for a review of that determination. The petition
7		must be in writing and filed with the Department within 90 days
8		from the date of the Notice of Determination. The Department
9		shall provide for a hearing to be held on the charges for the
10		period covered by the petition. The Department may after the
11		hearing, cancel, modify, or increase the former determination
12		to an amount not to exceed the maximum provided for the person
13		by this Act. The Department at its expense shall take testimony
14		and preserve a record of all proceedings at the hearing upon
15		any petition for a release from or modification of the
16		determination. The petition and other documents in the nature
17		of pleadings and motions filed in the case, a transcript of
18		testimony, findings of the Department, and orders of the
19		Secretary constitute the record. The Secretary shall furnish a
20		transcript of the record to any person upon payment of 75¢ per
21		page for each original transcript and 25¢ per page for each
22		copy of the transcript. Any person aggrieved by the decision of
23		the Department upon a hearing may, within 30 days thereafter,
24		file a petition with the Department for review of the decision
25		by the Board of Reimbursement Appeals established in the Mental
26		Health and Developmental Disabilities Code. The Board of

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1		Reimbursement Appeals may approve action taken by the
2		Department or may remand the case to the Secretary with
3		recommendation for redetermination of charges.
4		(c) Upon receiving a petition for review under subsection
5		(b) of this Section, the Department shall thereupon notify the
6		Board of Reimbursement Appeals which shall render its decision
7		thereon within 30 days after the petition is filed and certify
8		such decision to the Department. Concurrence of a majority of
9		the Board is necessary in any such decision. Upon request of
10		the Department, the State's Attorney of the county in which a
11		client who is liable under this Act for payment of sums
12		representing services charges resides, shall institute
13		appropriate legal action against any such client, or within the
14		time provided by law shall file a claim against the estate of
15		the client who fails or refuses to pay those charges. The court
16		shall order the payment of sums due for services charges for
17		such period or periods of time as the circumstances require.
18		The order may be entered against any defendant and may be based
19		upon the proportionate ability of each defendant to contribute
20		to the payment of sums representing services charges including
21		the actual charges for services in facilities outside the
22		Department where the Department has paid those charges. Orders
23		for the payment of money may be enforced by attachment as for
24		contempt against the persons of the defendants and, in
25		addition, as other judgments for the payment of money, and
26		costs may be adjudged against the defendants and apportioned

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1		among them.
2		(d) The money collected shall be deposited into the Mental
3		Health Fund.
4		(Source: P.A. 95-331, eff. 8-21-07.)
5		Section 905. The State's Attorneys Appellate Prosecutor's
6		Act is amended by changing Section 4.10 as follows:
7		(725 ILCS 210/4.10) (from Ch. 14, par. 204.10)
8		Sec. 4.10. The Office may conduct and charge tuition for
9		training programs for State's Attorneys, Assistant State's
10		Attorneys and other law enforcement officers. The Office shall
11		conduct training programs and provide technical trial
12		assistance for Illinois State's Attorneys, Assistant State's
13		Attorneys, and law enforcement officers on: (1)
14		constitutional, statutory, and case law issues; (2) forensic
15		evidence; (3) prosecutorial ethics and professional
16		responsibility; and (4) a continuum of trial advocacy
17		techniques and methods, including an emphasis on the
18		elimination of or reduction in the trauma of testifying in
19		criminal proceedings for vulnerable populations including
20		seniors, persons with disabilities disabled persons, and
21		children who serve as witnesses in such proceedings. The Office
22		may make grants for these purposes. In addition, the Office may
23		publish, disseminate and sell publications and newsletters
24		which digest current Appellate and Supreme Court cases and

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1		legislative developments of importance to prosecutors and law
2		enforcement officials. The moneys collected by the Office from
3		the programs and publications provided for in this Section
4		shall be deposited in the Continuing Legal Education Trust
5		Fund, which special fund is hereby created in the State
6		Treasury. In addition, such appropriations, gifts or grants of
7		money as the Office may secure from any public or private
8		source for the purposes described in this Section shall be
9		deposited in the Continuing Legal Education Trust Fund. The
10		General Assembly shall make appropriations from the Continuing
11		Legal Education Trust Fund for the expenses of the Office
12		incident to conducting the programs and publishing the
13		materials provided for in this Section.
14		(Source: P.A. 97-641, eff. 12-19-11.)
15		Section 910. The Unified Code of Corrections is amended by
16		changing Sections 3-12-16, 5-1-8, 5-1-13, 5-5-3, 5-5-3.1,
17		5-5-3.2, 5-6-3, 5-6-3.1, and 5-7-1 as follows:
18		(730 ILCS 5/3-12-16)
19		Sec. 3-12-16. Helping Paws Service Dog Program.
20		(a) In this Section:
21		"Person with a disability Disabled person" means a person
22		who suffers from a physical or mental impairment that
23		substantially limits one or more major life activities.
24		"Program" means the Helping Paws Service Dog Program

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1		created by this Section.
2		"Service dog" means a dog trained in obedience and task
3		skills to meet the needs of a person with a disability disabled
4		person.
5		"Animal care professional" means a person certified to work
6		in animal care related services, such as grooming, kenneling,
7		and any other related fields.
8		"Service dog professional" means a person certified to
9		train service dogs by an agency, organization, or school
10		approved by the Department.
11		(b) The Department may establish the Helping Paws Service
12		Dog Program to train committed persons to be service dog
13		trainers and animal care professionals. The Department shall
14		select committed persons in various correctional institutions
15		and facilities to participate in the Program.
16		(c) Priority for participation in the Program must be given
17		to committed persons who either have a high school diploma or
18		have passed high school equivalency testing.
19		(d) The Department may contract with service dog
20		professionals to train committed persons to be certified
21		service dog trainers. Service dog professionals shall train
22		committed persons in dog obedience training, service dog
23		training, and animal health care. Upon successful completion of
24		the training, a committed person shall receive certification by
25		an agency, organization, or school approved by the Department.
26		(e) The Department may designate a non-profit organization

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1		to select animals from humane societies and shelters for the
2		purpose of being trained as service dogs and for participation
3		in any program designed to train animal care professionals.
4		(f) After a dog is trained by the committed person as a
5		service dog, a review committee consisting of an equal number
6		of persons from the Department and the non-profit organization
7		shall select a person with a disability disabled person to
8		receive the service dog free of charge.
9		(g) Employees of the Department shall periodically visit
10		persons with disabilities disabled persons who have received
11		service dogs from the Department under this Section to
12		determine whether the needs of the persons with disabilities
13		disabled persons have been met by the service dogs trained by
14		committed persons.
15		(h) Employees of the Department shall periodically visit
16		committed persons who have been certified as service dog
17		trainers or animal care professionals and who have been paroled
18		or placed on mandatory supervised release to determine whether
19		the committed persons are using their skills as certified
20		service dog trainers or animal care professionals.
21		(Source: P.A. 98-718, eff. 1-1-15.)
22		(730 ILCS 5/5-1-8) (from Ch. 38, par. 1005-1-8)
23		Sec. 5-1-8. Defendant in Need of Mental Treatment.
24		"Defendant in need of mental treatment" means any defendant
25		afflicted with a mental disorder, not including a person with

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1		an intellectual disability who is intellectually disabled, if
2		that defendant, as a result of such mental disorder, is
3		reasonably expected at the time of determination or within a
4		reasonable time thereafter to intentionally or unintentionally
5		physically injure himself or other persons, or is unable to
6		care for himself so as to guard himself from physical injury or
7		to provide for his own physical needs.
8		(Source: P.A. 97-227, eff. 1-1-12.)
9		(730 ILCS 5/5-1-13) (from Ch. 38, par. 1005-1-13)
10		Sec. 5-1-13. Intellectual disability Intellectually
11		Disabled. "Intellectual disability" means Intellectually
12		disabled" and "intellectual disability" mean sub-average
13		general intellectual functioning generally originating during
14		the developmental period and associated with impairment in
15		adaptive behavior reflected in delayed maturation or reduced
16		learning ability or inadequate social adjustment.
17		(Source: P.A. 97-227, eff. 1-1-12.)
18		(730 ILCS 5/5-5-3) (from Ch. 38, par. 1005-5-3)
19		Sec. 5-5-3. Disposition.
20		(a) (Blank).
21		(b) (Blank).
22		(c) (1) (Blank).
23		(2) A period of probation, a term of periodic imprisonment
24		or conditional discharge shall not be imposed for the following

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1		offenses. The court shall sentence the offender to not less
2		than the minimum term of imprisonment set forth in this Code
3		for the following offenses, and may order a fine or restitution
4		or both in conjunction with such term of imprisonment:
5		(A) First degree murder where the death penalty is not
6		imposed.
7		(B) Attempted first degree murder.
8		(C) A Class X felony.
9		(D) A violation of Section 401.1 or 407 of the Illinois
10		Controlled Substances Act, or a violation of subdivision
11		(c)(1.5) or (c)(2) of Section 401 of that Act which relates
12		to more than 5 grams of a substance containing cocaine,
13		fentanyl, or an analog thereof.
14		(D-5) A violation of subdivision (c)(1) of Section 401
15		of the Illinois Controlled Substances Act which relates to
16		3 or more grams of a substance containing heroin or an
17		analog thereof.
18		(E) A violation of Section 5.1 or 9 of the Cannabis
19		Control Act.
20		(F) A Class 2 or greater felony if the offender had
21		been convicted of a Class 2 or greater felony, including
22		any state or federal conviction for an offense that
23		contained, at the time it was committed, the same elements
24		as an offense now (the date of the offense committed after
25		the prior Class 2 or greater felony) classified as a Class
26		2 or greater felony, within 10 years of the date on which

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1		the offender committed the offense for which he or she is
2		being sentenced, except as otherwise provided in Section
3		40-10 of the Alcoholism and Other Drug Abuse and Dependency
4		Act.
5		(F-5) A violation of Section 24-1, 24-1.1, or 24-1.6 of
6		the Criminal Code of 1961 or the Criminal Code of 2012 for
7		which imprisonment is prescribed in those Sections.
8		(G) Residential burglary, except as otherwise provided
9		in Section 40-10 of the Alcoholism and Other Drug Abuse and
10		Dependency Act.
11		(H) Criminal sexual assault.
12		(I) Aggravated battery of a senior citizen as described
13		in Section 12-4.6 or subdivision (a)(4) of Section 12-3.05
14		of the Criminal Code of 1961 or the Criminal Code of 2012.
15		(J) A forcible felony if the offense was related to the
16		activities of an organized gang.
17		Before July 1, 1994, for the purposes of this
18		paragraph, "organized gang" means an association of 5 or
19		more persons, with an established hierarchy, that
20		encourages members of the association to perpetrate crimes
21		or provides support to the members of the association who
22		do commit crimes.
23		Beginning July 1, 1994, for the purposes of this
24		paragraph, "organized gang" has the meaning ascribed to it
25		in Section 10 of the Illinois Streetgang Terrorism Omnibus
26		Prevention Act.

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1		(K) Vehicular hijacking.
2		(L) A second or subsequent conviction for the offense
3		of hate crime when the underlying offense upon which the
4		hate crime is based is felony aggravated assault or felony
5		mob action.
6		(M) A second or subsequent conviction for the offense
7		of institutional vandalism if the damage to the property
8		exceeds $300.
9		(N) A Class 3 felony violation of paragraph (1) of
10		subsection (a) of Section 2 of the Firearm Owners
11		Identification Card Act.
12		(O) A violation of Section 12-6.1 or 12-6.5 of the
13		Criminal Code of 1961 or the Criminal Code of 2012.
14		(P) A violation of paragraph (1), (2), (3), (4), (5),
15		or (7) of subsection (a) of Section 11-20.1 of the Criminal
16		Code of 1961 or the Criminal Code of 2012.
17		(Q) A violation of subsection (b) or (b-5) of Section
18		20-1, Section 20-1.2, or Section 20-1.3 of the Criminal
19		Code of 1961 or the Criminal Code of 2012.
20		(R) A violation of Section 24-3A of the Criminal Code
21		of 1961 or the Criminal Code of 2012.
22		(S) (Blank).
23		(T) A second or subsequent violation of the
24		Methamphetamine Control and Community Protection Act.
25		(U) A second or subsequent violation of Section 6-303
26		of the Illinois Vehicle Code committed while his or her

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1		driver's license, permit, or privilege was revoked because
2		of a violation of Section 9-3 of the Criminal Code of 1961
3		or the Criminal Code of 2012, relating to the offense of
4		reckless homicide, or a similar provision of a law of
5		another state.
6		(V) A violation of paragraph (4) of subsection (c) of
7		Section 11-20.1B or paragraph (4) of subsection (c) of
8		Section 11-20.3 of the Criminal Code of 1961, or paragraph
9		(6) of subsection (a) of Section 11-20.1 of the Criminal
10		Code of 2012 when the victim is under 13 years of age and
11		the defendant has previously been convicted under the laws
12		of this State or any other state of the offense of child
13		pornography, aggravated child pornography, aggravated
14		criminal sexual abuse, aggravated criminal sexual assault,
15		predatory criminal sexual assault of a child, or any of the
16		offenses formerly known as rape, deviate sexual assault,
17		indecent liberties with a child, or aggravated indecent
18		liberties with a child where the victim was under the age
19		of 18 years or an offense that is substantially equivalent
20		to those offenses.
21		(W) A violation of Section 24-3.5 of the Criminal Code
22		of 1961 or the Criminal Code of 2012.
23		(X) A violation of subsection (a) of Section 31-1a of
24		the Criminal Code of 1961 or the Criminal Code of 2012.
25		(Y) A conviction for unlawful possession of a firearm
26		by a street gang member when the firearm was loaded or

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1		contained firearm ammunition.
2		(Z) A Class 1 felony committed while he or she was
3		serving a term of probation or conditional discharge for a
4		felony.
5		(AA) Theft of property exceeding $500,000 and not
6		exceeding $1,000,000 in value.
7		(BB) Laundering of criminally derived property of a
8		value exceeding $500,000.
9		(CC) Knowingly selling, offering for sale, holding for
10		sale, or using 2,000 or more counterfeit items or
11		counterfeit items having a retail value in the aggregate of
12		$500,000 or more.
13		(DD) A conviction for aggravated assault under
14		paragraph (6) of subsection (c) of Section 12-2 of the
15		Criminal Code of 1961 or the Criminal Code of 2012 if the
16		firearm is aimed toward the person against whom the firearm
17		is being used.
18		(3) (Blank).
19		(4) A minimum term of imprisonment of not less than 10
20		consecutive days or 30 days of community service shall be
21		imposed for a violation of paragraph (c) of Section 6-303 of
22		the Illinois Vehicle Code.
23		(4.1) (Blank).
24		(4.2) Except as provided in paragraphs (4.3) and (4.8) of
25		this subsection (c), a minimum of 100 hours of community
26		service shall be imposed for a second violation of Section

HB4049 Engrossed - 1710 - LRB099 03667 KTG 23678 b
1		6-303 of the Illinois Vehicle Code.
2		(4.3) A minimum term of imprisonment of 30 days or 300
3		hours of community service, as determined by the court, shall
4		be imposed for a second violation of subsection (c) of Section
5		6-303 of the Illinois Vehicle Code.
6		(4.4) Except as provided in paragraphs (4.5), (4.6), and
7		(4.9) of this subsection (c), a minimum term of imprisonment of
8		30 days or 300 hours of community service, as determined by the
9		court, shall be imposed for a third or subsequent violation of
10		Section 6-303 of the Illinois Vehicle Code.
11		(4.5) A minimum term of imprisonment of 30 days shall be
12		imposed for a third violation of subsection (c) of Section
13		6-303 of the Illinois Vehicle Code.
14		(4.6) Except as provided in paragraph (4.10) of this
15		subsection (c), a minimum term of imprisonment of 180 days
16		shall be imposed for a fourth or subsequent violation of
17		subsection (c) of Section 6-303 of the Illinois Vehicle Code.
18		(4.7) A minimum term of imprisonment of not less than 30
19		consecutive days, or 300 hours of community service, shall be
20		imposed for a violation of subsection (a-5) of Section 6-303 of
21		the Illinois Vehicle Code, as provided in subsection (b-5) of
22		that Section.
23		(4.8) A mandatory prison sentence shall be imposed for a
24		second violation of subsection (a-5) of Section 6-303 of the
25		Illinois Vehicle Code, as provided in subsection (c-5) of that
26		Section. The person's driving privileges shall be revoked for a

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1		period of not less than 5 years from the date of his or her
2		release from prison.
3		(4.9) A mandatory prison sentence of not less than 4 and
4		not more than 15 years shall be imposed for a third violation
5		of subsection (a-5) of Section 6-303 of the Illinois Vehicle
6		Code, as provided in subsection (d-2.5) of that Section. The
7		person's driving privileges shall be revoked for the remainder
8		of his or her life.
9		(4.10) A mandatory prison sentence for a Class 1 felony
10		shall be imposed, and the person shall be eligible for an
11		extended term sentence, for a fourth or subsequent violation of
12		subsection (a-5) of Section 6-303 of the Illinois Vehicle Code,
13		as provided in subsection (d-3.5) of that Section. The person's
14		driving privileges shall be revoked for the remainder of his or
15		her life.
16		(5) The court may sentence a corporation or unincorporated
17		association convicted of any offense to:
18		(A) a period of conditional discharge;
19		(B) a fine;
20		(C) make restitution to the victim under Section 5-5-6
21		of this Code.
22		(5.1) In addition to any other penalties imposed, and
23		except as provided in paragraph (5.2) or (5.3), a person
24		convicted of violating subsection (c) of Section 11-907 of the
25		Illinois Vehicle Code shall have his or her driver's license,
26		permit, or privileges suspended for at least 90 days but not

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1		more than one year, if the violation resulted in damage to the
2		property of another person.
3		(5.2) In addition to any other penalties imposed, and
4		except as provided in paragraph (5.3), a person convicted of
5		violating subsection (c) of Section 11-907 of the Illinois
6		Vehicle Code shall have his or her driver's license, permit, or
7		privileges suspended for at least 180 days but not more than 2
8		years, if the violation resulted in injury to another person.
9		(5.3) In addition to any other penalties imposed, a person
10		convicted of violating subsection (c) of Section 11-907 of the
11		Illinois Vehicle Code shall have his or her driver's license,
12		permit, or privileges suspended for 2 years, if the violation
13		resulted in the death of another person.
14		(5.4) In addition to any other penalties imposed, a person
15		convicted of violating Section 3-707 of the Illinois Vehicle
16		Code shall have his or her driver's license, permit, or
17		privileges suspended for 3 months and until he or she has paid
18		a reinstatement fee of $100.
19		(5.5) In addition to any other penalties imposed, a person
20		convicted of violating Section 3-707 of the Illinois Vehicle
21		Code during a period in which his or her driver's license,
22		permit, or privileges were suspended for a previous violation
23		of that Section shall have his or her driver's license, permit,
24		or privileges suspended for an additional 6 months after the
25		expiration of the original 3-month suspension and until he or
26		she has paid a reinstatement fee of $100.

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1		(6) (Blank).
2		(7) (Blank).
3		(8) (Blank).
4		(9) A defendant convicted of a second or subsequent offense
5		of ritualized abuse of a child may be sentenced to a term of
6		natural life imprisonment.
7		(10) (Blank).
8		(11) The court shall impose a minimum fine of $1,000 for a
9		first offense and $2,000 for a second or subsequent offense
10		upon a person convicted of or placed on supervision for battery
11		when the individual harmed was a sports official or coach at
12		any level of competition and the act causing harm to the sports
13		official or coach occurred within an athletic facility or
14		within the immediate vicinity of the athletic facility at which
15		the sports official or coach was an active participant of the
16		athletic contest held at the athletic facility. For the
17		purposes of this paragraph (11), "sports official" means a
18		person at an athletic contest who enforces the rules of the
19		contest, such as an umpire or referee; "athletic facility"
20		means an indoor or outdoor playing field or recreational area
21		where sports activities are conducted; and "coach" means a
22		person recognized as a coach by the sanctioning authority that
23		conducted the sporting event.
24		(12) A person may not receive a disposition of court
25		supervision for a violation of Section 5-16 of the Boat
26		Registration and Safety Act if that person has previously

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1		received a disposition of court supervision for a violation of
2		that Section.
3		(13) A person convicted of or placed on court supervision
4		for an assault or aggravated assault when the victim and the
5		offender are family or household members as defined in Section
6		103 of the Illinois Domestic Violence Act of 1986 or convicted
7		of domestic battery or aggravated domestic battery may be
8		required to attend a Partner Abuse Intervention Program under
9		protocols set forth by the Illinois Department of Human
10		Services under such terms and conditions imposed by the court.
11		The costs of such classes shall be paid by the offender.
12		(d) In any case in which a sentence originally imposed is
13		vacated, the case shall be remanded to the trial court. The
14		trial court shall hold a hearing under Section 5-4-1 of the
15		Unified Code of Corrections which may include evidence of the
16		defendant's life, moral character and occupation during the
17		time since the original sentence was passed. The trial court
18		shall then impose sentence upon the defendant. The trial court
19		may impose any sentence which could have been imposed at the
20		original trial subject to Section 5-5-4 of the Unified Code of
21		Corrections. If a sentence is vacated on appeal or on
22		collateral attack due to the failure of the trier of fact at
23		trial to determine beyond a reasonable doubt the existence of a
24		fact (other than a prior conviction) necessary to increase the
25		punishment for the offense beyond the statutory maximum
26		otherwise applicable, either the defendant may be re-sentenced

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1		to a term within the range otherwise provided or, if the State
2		files notice of its intention to again seek the extended
3		sentence, the defendant shall be afforded a new trial.
4		(e) In cases where prosecution for aggravated criminal
5		sexual abuse under Section 11-1.60 or 12-16 of the Criminal
6		Code of 1961 or the Criminal Code of 2012 results in conviction
7		of a defendant who was a family member of the victim at the
8		time of the commission of the offense, the court shall consider
9		the safety and welfare of the victim and may impose a sentence
10		of probation only where:
11		(1) the court finds (A) or (B) or both are appropriate:
12		(A) the defendant is willing to undergo a court
13		approved counseling program for a minimum duration of 2
14		years; or
15		(B) the defendant is willing to participate in a
16		court approved plan including but not limited to the
17		defendant's:
18		(i) removal from the household;
19		(ii) restricted contact with the victim;
20		(iii) continued financial support of the
21		family;
22		(iv) restitution for harm done to the victim;
23		and
24		(v) compliance with any other measures that
25		the court may deem appropriate; and
26		(2) the court orders the defendant to pay for the

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1		victim's counseling services, to the extent that the court
2		finds, after considering the defendant's income and
3		assets, that the defendant is financially capable of paying
4		for such services, if the victim was under 18 years of age
5		at the time the offense was committed and requires
6		counseling as a result of the offense.
7		Probation may be revoked or modified pursuant to Section
8		5-6-4; except where the court determines at the hearing that
9		the defendant violated a condition of his or her probation
10		restricting contact with the victim or other family members or
11		commits another offense with the victim or other family
12		members, the court shall revoke the defendant's probation and
13		impose a term of imprisonment.
14		For the purposes of this Section, "family member" and
15		"victim" shall have the meanings ascribed to them in Section
16		11-0.1 of the Criminal Code of 2012.
17		(f) (Blank).
18		(g) Whenever a defendant is convicted of an offense under
19		Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-14,
20		11-14.3, 11-14.4 except for an offense that involves keeping a
21		place of juvenile prostitution, 11-15, 11-15.1, 11-16, 11-17,
22		11-18, 11-18.1, 11-19, 11-19.1, 11-19.2, 12-13, 12-14,
23		12-14.1, 12-15 or 12-16 of the Criminal Code of 1961 or the
24		Criminal Code of 2012, the defendant shall undergo medical
25		testing to determine whether the defendant has any sexually
26		transmissible disease, including a test for infection with

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1		human immunodeficiency virus (HIV) or any other identified
2		causative agent of acquired immunodeficiency syndrome (AIDS).
3		Any such medical test shall be performed only by appropriately
4		licensed medical practitioners and may include an analysis of
5		any bodily fluids as well as an examination of the defendant's
6		person. Except as otherwise provided by law, the results of
7		such test shall be kept strictly confidential by all medical
8		personnel involved in the testing and must be personally
9		delivered in a sealed envelope to the judge of the court in
10		which the conviction was entered for the judge's inspection in
11		camera. Acting in accordance with the best interests of the
12		victim and the public, the judge shall have the discretion to
13		determine to whom, if anyone, the results of the testing may be
14		revealed. The court shall notify the defendant of the test
15		results. The court shall also notify the victim if requested by
16		the victim, and if the victim is under the age of 15 and if
17		requested by the victim's parents or legal guardian, the court
18		shall notify the victim's parents or legal guardian of the test
19		results. The court shall provide information on the
20		availability of HIV testing and counseling at Department of
21		Public Health facilities to all parties to whom the results of
22		the testing are revealed and shall direct the State's Attorney
23		to provide the information to the victim when possible. A
24		State's Attorney may petition the court to obtain the results
25		of any HIV test administered under this Section, and the court
26		shall grant the disclosure if the State's Attorney shows it is

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1		relevant in order to prosecute a charge of criminal
2		transmission of HIV under Section 12-5.01 or 12-16.2 of the
3		Criminal Code of 1961 or the Criminal Code of 2012 against the
4		defendant. The court shall order that the cost of any such test
5		shall be paid by the county and may be taxed as costs against
6		the convicted defendant.
7		(g-5) When an inmate is tested for an airborne communicable
8		disease, as determined by the Illinois Department of Public
9		Health including but not limited to tuberculosis, the results
10		of the test shall be personally delivered by the warden or his
11		or her designee in a sealed envelope to the judge of the court
12		in which the inmate must appear for the judge's inspection in
13		camera if requested by the judge. Acting in accordance with the
14		best interests of those in the courtroom, the judge shall have
15		the discretion to determine what if any precautions need to be
16		taken to prevent transmission of the disease in the courtroom.
17		(h) Whenever a defendant is convicted of an offense under
18		Section 1 or 2 of the Hypodermic Syringes and Needles Act, the
19		defendant shall undergo medical testing to determine whether
20		the defendant has been exposed to human immunodeficiency virus
21		(HIV) or any other identified causative agent of acquired
22		immunodeficiency syndrome (AIDS). Except as otherwise provided
23		by law, the results of such test shall be kept strictly
24		confidential by all medical personnel involved in the testing
25		and must be personally delivered in a sealed envelope to the
26		judge of the court in which the conviction was entered for the

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1		judge's inspection in camera. Acting in accordance with the
2		best interests of the public, the judge shall have the
3		discretion to determine to whom, if anyone, the results of the
4		testing may be revealed. The court shall notify the defendant
5		of a positive test showing an infection with the human
6		immunodeficiency virus (HIV). The court shall provide
7		information on the availability of HIV testing and counseling
8		at Department of Public Health facilities to all parties to
9		whom the results of the testing are revealed and shall direct
10		the State's Attorney to provide the information to the victim
11		when possible. A State's Attorney may petition the court to
12		obtain the results of any HIV test administered under this
13		Section, and the court shall grant the disclosure if the
14		State's Attorney shows it is relevant in order to prosecute a
15		charge of criminal transmission of HIV under Section 12-5.01 or
16		12-16.2 of the Criminal Code of 1961 or the Criminal Code of
17		2012 against the defendant. The court shall order that the cost
18		of any such test shall be paid by the county and may be taxed as
19		costs against the convicted defendant.
20		(i) All fines and penalties imposed under this Section for
21		any violation of Chapters 3, 4, 6, and 11 of the Illinois
22		Vehicle Code, or a similar provision of a local ordinance, and
23		any violation of the Child Passenger Protection Act, or a
24		similar provision of a local ordinance, shall be collected and
25		disbursed by the circuit clerk as provided under Section 27.5
26		of the Clerks of Courts Act.

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1		(j) In cases when prosecution for any violation of Section
2		11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-8, 11-9,
3		11-11, 11-14, 11-14.3, 11-14.4, 11-15, 11-15.1, 11-16, 11-17,
4		11-17.1, 11-18, 11-18.1, 11-19, 11-19.1, 11-19.2, 11-20.1,
5		11-20.1B, 11-20.3, 11-21, 11-30, 11-40, 12-13, 12-14, 12-14.1,
6		12-15, or 12-16 of the Criminal Code of 1961 or the Criminal
7		Code of 2012, any violation of the Illinois Controlled
8		Substances Act, any violation of the Cannabis Control Act, or
9		any violation of the Methamphetamine Control and Community
10		Protection Act results in conviction, a disposition of court
11		supervision, or an order of probation granted under Section 10
12		of the Cannabis Control Act, Section 410 of the Illinois
13		Controlled Substances Act, or Section 70 of the Methamphetamine
14		Control and Community Protection Act of a defendant, the court
15		shall determine whether the defendant is employed by a facility
16		or center as defined under the Child Care Act of 1969, a public
17		or private elementary or secondary school, or otherwise works
18		with children under 18 years of age on a daily basis. When a
19		defendant is so employed, the court shall order the Clerk of
20		the Court to send a copy of the judgment of conviction or order
21		of supervision or probation to the defendant's employer by
22		certified mail. If the employer of the defendant is a school,
23		the Clerk of the Court shall direct the mailing of a copy of
24		the judgment of conviction or order of supervision or probation
25		to the appropriate regional superintendent of schools. The
26		regional superintendent of schools shall notify the State Board

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1		of Education of any notification under this subsection.
2		(j-5) A defendant at least 17 years of age who is convicted
3		of a felony and who has not been previously convicted of a
4		misdemeanor or felony and who is sentenced to a term of
5		imprisonment in the Illinois Department of Corrections shall as
6		a condition of his or her sentence be required by the court to
7		attend educational courses designed to prepare the defendant
8		for a high school diploma and to work toward a high school
9		diploma or to work toward passing high school equivalency
10		testing or to work toward completing a vocational training
11		program offered by the Department of Corrections. If a
12		defendant fails to complete the educational training required
13		by his or her sentence during the term of incarceration, the
14		Prisoner Review Board shall, as a condition of mandatory
15		supervised release, require the defendant, at his or her own
16		expense, to pursue a course of study toward a high school
17		diploma or passage of high school equivalency testing. The
18		Prisoner Review Board shall revoke the mandatory supervised
19		release of a defendant who wilfully fails to comply with this
20		subsection (j-5) upon his or her release from confinement in a
21		penal institution while serving a mandatory supervised release
22		term; however, the inability of the defendant after making a
23		good faith effort to obtain financial aid or pay for the
24		educational training shall not be deemed a wilful failure to
25		comply. The Prisoner Review Board shall recommit the defendant
26		whose mandatory supervised release term has been revoked under

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1		this subsection (j-5) as provided in Section 3-3-9. This
2		subsection (j-5) does not apply to a defendant who has a high
3		school diploma or has successfully passed high school
4		equivalency testing. This subsection (j-5) does not apply to a
5		defendant who is determined by the court to be a person with a
6		developmental disability developmentally disabled or otherwise
7		mentally incapable of completing the educational or vocational
8		program.
9		(k) (Blank).
10		(l) (A) Except as provided in paragraph (C) of subsection
11		(l), whenever a defendant, who is an alien as defined by the
12		Immigration and Nationality Act, is convicted of any felony or
13		misdemeanor offense, the court after sentencing the defendant
14		may, upon motion of the State's Attorney, hold sentence in
15		abeyance and remand the defendant to the custody of the
16		Attorney General of the United States or his or her designated
17		agent to be deported when:
18		(1) a final order of deportation has been issued
19		against the defendant pursuant to proceedings under the
20		Immigration and Nationality Act, and
21		(2) the deportation of the defendant would not
22		deprecate the seriousness of the defendant's conduct and
23		would not be inconsistent with the ends of justice.
24		Otherwise, the defendant shall be sentenced as provided in
25		this Chapter V.
26		(B) If the defendant has already been sentenced for a

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1		felony or misdemeanor offense, or has been placed on probation
2		under Section 10 of the Cannabis Control Act, Section 410 of
3		the Illinois Controlled Substances Act, or Section 70 of the
4		Methamphetamine Control and Community Protection Act, the
5		court may, upon motion of the State's Attorney to suspend the
6		sentence imposed, commit the defendant to the custody of the
7		Attorney General of the United States or his or her designated
8		agent when:
9		(1) a final order of deportation has been issued
10		against the defendant pursuant to proceedings under the
11		Immigration and Nationality Act, and
12		(2) the deportation of the defendant would not
13		deprecate the seriousness of the defendant's conduct and
14		would not be inconsistent with the ends of justice.
15		(C) This subsection (l) does not apply to offenders who are
16		subject to the provisions of paragraph (2) of subsection (a) of
17		Section 3-6-3.
18		(D) Upon motion of the State's Attorney, if a defendant
19		sentenced under this Section returns to the jurisdiction of the
20		United States, the defendant shall be recommitted to the
21		custody of the county from which he or she was sentenced.
22		Thereafter, the defendant shall be brought before the
23		sentencing court, which may impose any sentence that was
24		available under Section 5-5-3 at the time of initial
25		sentencing. In addition, the defendant shall not be eligible
26		for additional sentence credit for good conduct as provided

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1		under Section 3-6-3.
2		(m) A person convicted of criminal defacement of property
3		under Section 21-1.3 of the Criminal Code of 1961 or the
4		Criminal Code of 2012, in which the property damage exceeds
5		$300 and the property damaged is a school building, shall be
6		ordered to perform community service that may include cleanup,
7		removal, or painting over the defacement.
8		(n) The court may sentence a person convicted of a
9		violation of Section 12-19, 12-21, 16-1.3, or 17-56, or
10		subsection (a) or (b) of Section 12-4.4a, of the Criminal Code
11		of 1961 or the Criminal Code of 2012 (i) to an impact
12		incarceration program if the person is otherwise eligible for
13		that program under Section 5-8-1.1, (ii) to community service,
14		or (iii) if the person is an addict or alcoholic, as defined in
15		the Alcoholism and Other Drug Abuse and Dependency Act, to a
16		substance or alcohol abuse program licensed under that Act.
17		(o) Whenever a person is convicted of a sex offense as
18		defined in Section 2 of the Sex Offender Registration Act, the
19		defendant's driver's license or permit shall be subject to
20		renewal on an annual basis in accordance with the provisions of
21		license renewal established by the Secretary of State.
22		(Source: P.A. 97-159, eff. 7-21-11; 97-697, eff. 6-22-12;
23		97-917, eff. 8-9-12; 97-1108, eff. 1-1-13; 97-1109, eff.
24		1-1-13; 97-1150, eff. 1-25-13; 98-718, eff. 1-1-15; 98-756,
25		eff. 7-16-14.)

HB4049 Engrossed - 1725 - LRB099 03667 KTG 23678 b
1		(730 ILCS 5/5-5-3.1) (from Ch. 38, par. 1005-5-3.1)
2		Sec. 5-5-3.1. Factors in Mitigation.
3		(a) The following grounds shall be accorded weight in favor
4		of withholding or minimizing a sentence of imprisonment:
5		(1) The defendant's criminal conduct neither caused
6		nor threatened serious physical harm to another.
7		(2) The defendant did not contemplate that his criminal
8		conduct would cause or threaten serious physical harm to
9		another.
10		(3) The defendant acted under a strong provocation.
11		(4) There were substantial grounds tending to excuse or
12		justify the defendant's criminal conduct, though failing
13		to establish a defense.
14		(5) The defendant's criminal conduct was induced or
15		facilitated by someone other than the defendant.
16		(6) The defendant has compensated or will compensate
17		the victim of his criminal conduct for the damage or injury
18		that he sustained.
19		(7) The defendant has no history of prior delinquency
20		or criminal activity or has led a law-abiding life for a
21		substantial period of time before the commission of the
22		present crime.
23		(8) The defendant's criminal conduct was the result of
24		circumstances unlikely to recur.
25		(9) The character and attitudes of the defendant
26		indicate that he is unlikely to commit another crime.

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1		(10) The defendant is particularly likely to comply
2		with the terms of a period of probation.
3		(11) The imprisonment of the defendant would entail
4		excessive hardship to his dependents.
5		(12) The imprisonment of the defendant would endanger
6		his or her medical condition.
7		(13) The defendant was a person with an intellectual
8		disability intellectually disabled as defined in Section
9		5-1-13 of this Code.
10		(14) The defendant sought or obtained emergency
11		medical assistance for an overdose and was convicted of a
12		Class 3 felony or higher possession, manufacture, or
13		delivery of a controlled, counterfeit, or look-alike
14		substance or a controlled substance analog under the
15		Illinois Controlled Substances Act or a Class 2 felony or
16		higher possession, manufacture or delivery of
17		methamphetamine under the Methamphetamine Control and
18		Community Protection Act.
19		(b) If the court, having due regard for the character of
20		the offender, the nature and circumstances of the offense and
21		the public interest finds that a sentence of imprisonment is
22		the most appropriate disposition of the offender, or where
23		other provisions of this Code mandate the imprisonment of the
24		offender, the grounds listed in paragraph (a) of this
25		subsection shall be considered as factors in mitigation of the
26		term imposed.

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1		(Source: P.A. 97-227, eff. 1-1-12; 97-678, eff. 6-1-12; 98-463,
2		eff. 8-16-13.)
3		(730 ILCS 5/5-5-3.2)
4		Sec. 5-5-3.2. Factors in Aggravation and Extended-Term
5		Sentencing.
6		(a) The following factors shall be accorded weight in favor
7		of imposing a term of imprisonment or may be considered by the
8		court as reasons to impose a more severe sentence under Section
9		5-8-1 or Article 4.5 of Chapter V:
10		(1) the defendant's conduct caused or threatened
11		serious harm;
12		(2) the defendant received compensation for committing
13		the offense;
14		(3) the defendant has a history of prior delinquency or
15		criminal activity;
16		(4) the defendant, by the duties of his office or by
17		his position, was obliged to prevent the particular offense
18		committed or to bring the offenders committing it to
19		justice;
20		(5) the defendant held public office at the time of the
21		offense, and the offense related to the conduct of that
22		office;
23		(6) the defendant utilized his professional reputation
24		or position in the community to commit the offense, or to
25		afford him an easier means of committing it;

HB4049 Engrossed - 1728 - LRB099 03667 KTG 23678 b
1		(7) the sentence is necessary to deter others from
2		committing the same crime;
3		(8) the defendant committed the offense against a
4		person 60 years of age or older or such person's property;
5		(9) the defendant committed the offense against a
6		person who has a physical disability is physically
7		handicapped or such person's property;
8		(10) by reason of another individual's actual or
9		perceived race, color, creed, religion, ancestry, gender,
10		sexual orientation, physical or mental disability, or
11		national origin, the defendant committed the offense
12		against (i) the person or property of that individual; (ii)
13		the person or property of a person who has an association
14		with, is married to, or has a friendship with the other
15		individual; or (iii) the person or property of a relative
16		(by blood or marriage) of a person described in clause (i)
17		or (ii). For the purposes of this Section, "sexual
18		orientation" means heterosexuality, homosexuality, or
19		bisexuality;
20		(11) the offense took place in a place of worship or on
21		the grounds of a place of worship, immediately prior to,
22		during or immediately following worship services. For
23		purposes of this subparagraph, "place of worship" shall
24		mean any church, synagogue or other building, structure or
25		place used primarily for religious worship;
26		(12) the defendant was convicted of a felony committed

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1		while he was released on bail or his own recognizance
2		pending trial for a prior felony and was convicted of such
3		prior felony, or the defendant was convicted of a felony
4		committed while he was serving a period of probation,
5		conditional discharge, or mandatory supervised release
6		under subsection (d) of Section 5-8-1 for a prior felony;
7		(13) the defendant committed or attempted to commit a
8		felony while he was wearing a bulletproof vest. For the
9		purposes of this paragraph (13), a bulletproof vest is any
10		device which is designed for the purpose of protecting the
11		wearer from bullets, shot or other lethal projectiles;
12		(14) the defendant held a position of trust or
13		supervision such as, but not limited to, family member as
14		defined in Section 11-0.1 of the Criminal Code of 2012,
15		teacher, scout leader, baby sitter, or day care worker, in
16		relation to a victim under 18 years of age, and the
17		defendant committed an offense in violation of Section
18		11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-11,
19		11-14.4 except for an offense that involves keeping a place
20		of juvenile prostitution, 11-15.1, 11-19.1, 11-19.2,
21		11-20.1, 11-20.1B, 11-20.3, 12-13, 12-14, 12-14.1, 12-15
22		or 12-16 of the Criminal Code of 1961 or the Criminal Code
23		of 2012 against that victim;
24		(15) the defendant committed an offense related to the
25		activities of an organized gang. For the purposes of this
26		factor, "organized gang" has the meaning ascribed to it in

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1		Section 10 of the Streetgang Terrorism Omnibus Prevention
2		Act;
3		(16) the defendant committed an offense in violation of
4		one of the following Sections while in a school, regardless
5		of the time of day or time of year; on any conveyance
6		owned, leased, or contracted by a school to transport
7		students to or from school or a school related activity; on
8		the real property of a school; or on a public way within
9		1,000 feet of the real property comprising any school:
10		Section 10-1, 10-2, 10-5, 11-1.20, 11-1.30, 11-1.40,
11		11-1.50, 11-1.60, 11-14.4, 11-15.1, 11-17.1, 11-18.1,
12		11-19.1, 11-19.2, 12-2, 12-4, 12-4.1, 12-4.2, 12-4.3,
13		12-6, 12-6.1, 12-6.5, 12-13, 12-14, 12-14.1, 12-15, 12-16,
14		18-2, or 33A-2, or Section 12-3.05 except for subdivision
15		(a)(4) or (g)(1), of the Criminal Code of 1961 or the
16		Criminal Code of 2012;
17		(16.5) the defendant committed an offense in violation
18		of one of the following Sections while in a day care
19		center, regardless of the time of day or time of year; on
20		the real property of a day care center, regardless of the
21		time of day or time of year; or on a public way within
22		1,000 feet of the real property comprising any day care
23		center, regardless of the time of day or time of year:
24		Section 10-1, 10-2, 10-5, 11-1.20, 11-1.30, 11-1.40,
25		11-1.50, 11-1.60, 11-14.4, 11-15.1, 11-17.1, 11-18.1,
26		11-19.1, 11-19.2, 12-2, 12-4, 12-4.1, 12-4.2, 12-4.3,

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1		12-6, 12-6.1, 12-6.5, 12-13, 12-14, 12-14.1, 12-15, 12-16,
2		18-2, or 33A-2, or Section 12-3.05 except for subdivision
3		(a)(4) or (g)(1), of the Criminal Code of 1961 or the
4		Criminal Code of 2012;
5		(17) the defendant committed the offense by reason of
6		any person's activity as a community policing volunteer or
7		to prevent any person from engaging in activity as a
8		community policing volunteer. For the purpose of this
9		Section, "community policing volunteer" has the meaning
10		ascribed to it in Section 2-3.5 of the Criminal Code of
11		2012;
12		(18) the defendant committed the offense in a nursing
13		home or on the real property comprising a nursing home. For
14		the purposes of this paragraph (18), "nursing home" means a
15		skilled nursing or intermediate long term care facility
16		that is subject to license by the Illinois Department of
17		Public Health under the Nursing Home Care Act, the
18		Specialized Mental Health Rehabilitation Act of 2013, or
19		the ID/DD Community Care Act;
20		(19) the defendant was a federally licensed firearm
21		dealer and was previously convicted of a violation of
22		subsection (a) of Section 3 of the Firearm Owners
23		Identification Card Act and has now committed either a
24		felony violation of the Firearm Owners Identification Card
25		Act or an act of armed violence while armed with a firearm;
26		(20) the defendant (i) committed the offense of

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1		reckless homicide under Section 9-3 of the Criminal Code of
2		1961 or the Criminal Code of 2012 or the offense of driving
3		under the influence of alcohol, other drug or drugs,
4		intoxicating compound or compounds or any combination
5		thereof under Section 11-501 of the Illinois Vehicle Code
6		or a similar provision of a local ordinance and (ii) was
7		operating a motor vehicle in excess of 20 miles per hour
8		over the posted speed limit as provided in Article VI of
9		Chapter 11 of the Illinois Vehicle Code;
10		(21) the defendant (i) committed the offense of
11		reckless driving or aggravated reckless driving under
12		Section 11-503 of the Illinois Vehicle Code and (ii) was
13		operating a motor vehicle in excess of 20 miles per hour
14		over the posted speed limit as provided in Article VI of
15		Chapter 11 of the Illinois Vehicle Code;
16		(22) the defendant committed the offense against a
17		person that the defendant knew, or reasonably should have
18		known, was a member of the Armed Forces of the United
19		States serving on active duty. For purposes of this clause
20		(22), the term "Armed Forces" means any of the Armed Forces
21		of the United States, including a member of any reserve
22		component thereof or National Guard unit called to active
23		duty;
24		(23) the defendant committed the offense against a
25		person who was elderly, disabled, or infirm or who was a
26		person with a disability by taking advantage of a family or

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1		fiduciary relationship with the elderly, disabled, or
2		infirm person or person with a disability;
3		(24) the defendant committed any offense under Section
4		11-20.1 of the Criminal Code of 1961 or the Criminal Code
5		of 2012 and possessed 100 or more images;
6		(25) the defendant committed the offense while the
7		defendant or the victim was in a train, bus, or other
8		vehicle used for public transportation;
9		(26) the defendant committed the offense of child
10		pornography or aggravated child pornography, specifically
11		including paragraph (1), (2), (3), (4), (5), or (7) of
12		subsection (a) of Section 11-20.1 of the Criminal Code of
13		1961 or the Criminal Code of 2012 where a child engaged in,
14		solicited for, depicted in, or posed in any act of sexual
15		penetration or bound, fettered, or subject to sadistic,
16		masochistic, or sadomasochistic abuse in a sexual context
17		and specifically including paragraph (1), (2), (3), (4),
18		(5), or (7) of subsection (a) of Section 11-20.1B or
19		Section 11-20.3 of the Criminal Code of 1961 where a child
20		engaged in, solicited for, depicted in, or posed in any act
21		of sexual penetration or bound, fettered, or subject to
22		sadistic, masochistic, or sadomasochistic abuse in a
23		sexual context;
24		(27) the defendant committed the offense of first
25		degree murder, assault, aggravated assault, battery,
26		aggravated battery, robbery, armed robbery, or aggravated

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1		robbery against a person who was a veteran and the
2		defendant knew, or reasonably should have known, that the
3		person was a veteran performing duties as a representative
4		of a veterans' organization. For the purposes of this
5		paragraph (27), "veteran" means an Illinois resident who
6		has served as a member of the United States Armed Forces, a
7		member of the Illinois National Guard, or a member of the
8		United States Reserve Forces; and "veterans' organization"
9		means an organization comprised of members of which
10		substantially all are individuals who are veterans or
11		spouses, widows, or widowers of veterans, the primary
12		purpose of which is to promote the welfare of its members
13		and to provide assistance to the general public in such a
14		way as to confer a public benefit; or
15		(28) the defendant committed the offense of assault,
16		aggravated assault, battery, aggravated battery, robbery,
17		armed robbery, or aggravated robbery against a person that
18		the defendant knew or reasonably should have known was a
19		letter carrier or postal worker while that person was
20		performing his or her duties delivering mail for the United
21		States Postal Service.
22		For the purposes of this Section:
23		"School" is defined as a public or private elementary or
24		secondary school, community college, college, or university.
25		"Day care center" means a public or private State certified
26		and licensed day care center as defined in Section 2.09 of the

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1		Child Care Act of 1969 that displays a sign in plain view
2		stating that the property is a day care center.
3		"Public transportation" means the transportation or
4		conveyance of persons by means available to the general public,
5		and includes paratransit services.
6		(b) The following factors, related to all felonies, may be
7		considered by the court as reasons to impose an extended term
8		sentence under Section 5-8-2 upon any offender:
9		(1) When a defendant is convicted of any felony, after
10		having been previously convicted in Illinois or any other
11		jurisdiction of the same or similar class felony or greater
12		class felony, when such conviction has occurred within 10
13		years after the previous conviction, excluding time spent
14		in custody, and such charges are separately brought and
15		tried and arise out of different series of acts; or
16		(2) When a defendant is convicted of any felony and the
17		court finds that the offense was accompanied by
18		exceptionally brutal or heinous behavior indicative of
19		wanton cruelty; or
20		(3) When a defendant is convicted of any felony
21		committed against:
22		(i) a person under 12 years of age at the time of
23		the offense or such person's property;
24		(ii) a person 60 years of age or older at the time
25		of the offense or such person's property; or
26		(iii) a person who had a physical disability

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1		physically handicapped at the time of the offense or
2		such person's property; or
3		(4) When a defendant is convicted of any felony and the
4		offense involved any of the following types of specific
5		misconduct committed as part of a ceremony, rite,
6		initiation, observance, performance, practice or activity
7		of any actual or ostensible religious, fraternal, or social
8		group:
9		(i) the brutalizing or torturing of humans or
10		animals;
11		(ii) the theft of human corpses;
12		(iii) the kidnapping of humans;
13		(iv) the desecration of any cemetery, religious,
14		fraternal, business, governmental, educational, or
15		other building or property; or
16		(v) ritualized abuse of a child; or
17		(5) When a defendant is convicted of a felony other
18		than conspiracy and the court finds that the felony was
19		committed under an agreement with 2 or more other persons
20		to commit that offense and the defendant, with respect to
21		the other individuals, occupied a position of organizer,
22		supervisor, financier, or any other position of management
23		or leadership, and the court further finds that the felony
24		committed was related to or in furtherance of the criminal
25		activities of an organized gang or was motivated by the
26		defendant's leadership in an organized gang; or

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1		(6) When a defendant is convicted of an offense
2		committed while using a firearm with a laser sight attached
3		to it. For purposes of this paragraph, "laser sight" has
4		the meaning ascribed to it in Section 26-7 of the Criminal
5		Code of 2012; or
6		(7) When a defendant who was at least 17 years of age
7		at the time of the commission of the offense is convicted
8		of a felony and has been previously adjudicated a
9		delinquent minor under the Juvenile Court Act of 1987 for
10		an act that if committed by an adult would be a Class X or
11		Class 1 felony when the conviction has occurred within 10
12		years after the previous adjudication, excluding time
13		spent in custody; or
14		(8) When a defendant commits any felony and the
15		defendant used, possessed, exercised control over, or
16		otherwise directed an animal to assault a law enforcement
17		officer engaged in the execution of his or her official
18		duties or in furtherance of the criminal activities of an
19		organized gang in which the defendant is engaged; or
20		(9) When a defendant commits any felony and the
21		defendant knowingly video or audio records the offense with
22		the intent to disseminate the recording.
23		(c) The following factors may be considered by the court as
24		reasons to impose an extended term sentence under Section 5-8-2
25		(730 ILCS 5/5-8-2) upon any offender for the listed offenses:
26		(1) When a defendant is convicted of first degree

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1		murder, after having been previously convicted in Illinois
2		of any offense listed under paragraph (c)(2) of Section
3		5-5-3 (730 ILCS 5/5-5-3), when that conviction has occurred
4		within 10 years after the previous conviction, excluding
5		time spent in custody, and the charges are separately
6		brought and tried and arise out of different series of
7		acts.
8		(1.5) When a defendant is convicted of first degree
9		murder, after having been previously convicted of domestic
10		battery (720 ILCS 5/12-3.2) or aggravated domestic battery
11		(720 ILCS 5/12-3.3) committed on the same victim or after
12		having been previously convicted of violation of an order
13		of protection (720 ILCS 5/12-30) in which the same victim
14		was the protected person.
15		(2) When a defendant is convicted of voluntary
16		manslaughter, second degree murder, involuntary
17		manslaughter, or reckless homicide in which the defendant
18		has been convicted of causing the death of more than one
19		individual.
20		(3) When a defendant is convicted of aggravated
21		criminal sexual assault or criminal sexual assault, when
22		there is a finding that aggravated criminal sexual assault
23		or criminal sexual assault was also committed on the same
24		victim by one or more other individuals, and the defendant
25		voluntarily participated in the crime with the knowledge of
26		the participation of the others in the crime, and the

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1		commission of the crime was part of a single course of
2		conduct during which there was no substantial change in the
3		nature of the criminal objective.
4		(4) If the victim was under 18 years of age at the time
5		of the commission of the offense, when a defendant is
6		convicted of aggravated criminal sexual assault or
7		predatory criminal sexual assault of a child under
8		subsection (a)(1) of Section 11-1.40 or subsection (a)(1)
9		of Section 12-14.1 of the Criminal Code of 1961 or the
10		Criminal Code of 2012 (720 ILCS 5/11-1.40 or 5/12-14.1).
11		(5) When a defendant is convicted of a felony violation
12		of Section 24-1 of the Criminal Code of 1961 or the
13		Criminal Code of 2012 (720 ILCS 5/24-1) and there is a
14		finding that the defendant is a member of an organized
15		gang.
16		(6) When a defendant was convicted of unlawful use of
17		weapons under Section 24-1 of the Criminal Code of 1961 or
18		the Criminal Code of 2012 (720 ILCS 5/24-1) for possessing
19		a weapon that is not readily distinguishable as one of the
20		weapons enumerated in Section 24-1 of the Criminal Code of
21		1961 or the Criminal Code of 2012 (720 ILCS 5/24-1).
22		(7) When a defendant is convicted of an offense
23		involving the illegal manufacture of a controlled
24		substance under Section 401 of the Illinois Controlled
25		Substances Act (720 ILCS 570/401), the illegal manufacture
26		of methamphetamine under Section 25 of the Methamphetamine

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1		Control and Community Protection Act (720 ILCS 646/25), or
2		the illegal possession of explosives and an emergency
3		response officer in the performance of his or her duties is
4		killed or injured at the scene of the offense while
5		responding to the emergency caused by the commission of the
6		offense. In this paragraph, "emergency" means a situation
7		in which a person's life, health, or safety is in jeopardy;
8		and "emergency response officer" means a peace officer,
9		community policing volunteer, fireman, emergency medical
10		technician-ambulance, emergency medical
11		technician-intermediate, emergency medical
12		technician-paramedic, ambulance driver, other medical
13		assistance or first aid personnel, or hospital emergency
14		room personnel.
15		(8) When the defendant is convicted of attempted mob
16		action, solicitation to commit mob action, or conspiracy to
17		commit mob action under Section 8-1, 8-2, or 8-4 of the
18		Criminal Code of 2012, where the criminal object is a
19		violation of Section 25-1 of the Criminal Code of 2012, and
20		an electronic communication is used in the commission of
21		the offense. For the purposes of this paragraph (8),
22		"electronic communication" shall have the meaning provided
23		in Section 26.5-0.1 of the Criminal Code of 2012.
24		(d) For the purposes of this Section, "organized gang" has
25		the meaning ascribed to it in Section 10 of the Illinois
26		Streetgang Terrorism Omnibus Prevention Act.

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1		(e) The court may impose an extended term sentence under
2		Article 4.5 of Chapter V upon an offender who has been
3		convicted of a felony violation of Section 11-1.20, 11-1.30,
4		11-1.40, 11-1.50, 11-1.60, 12-13, 12-14, 12-14.1, 12-15, or
5		12-16 of the Criminal Code of 1961 or the Criminal Code of 2012
6		when the victim of the offense is under 18 years of age at the
7		time of the commission of the offense and, during the
8		commission of the offense, the victim was under the influence
9		of alcohol, regardless of whether or not the alcohol was
10		supplied by the offender; and the offender, at the time of the
11		commission of the offense, knew or should have known that the
12		victim had consumed alcohol.
13		(Source: P.A. 97-38, eff. 6-28-11, 97-227, eff. 1-1-12; 97-333,
14		eff. 8-12-11; 97-693, eff. 1-1-13; 97-1108, eff. 1-1-13;
15		97-1109, eff. 1-1-13; 97-1150, eff. 1-25-13; 98-14, eff.
16		1-1-14; 98-104, eff. 7-22-13; 98-385, eff. 1-1-14; 98-756, eff.
17		7-16-14.)
18		(730 ILCS 5/5-6-3) (from Ch. 38, par. 1005-6-3)
19		Sec. 5-6-3. Conditions of Probation and of Conditional
20		Discharge.
21		(a) The conditions of probation and of conditional
22		discharge shall be that the person:
23		(1) not violate any criminal statute of any
24		jurisdiction;
25		(2) report to or appear in person before such person or

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1		agency as directed by the court;
2		(3) refrain from possessing a firearm or other
3		dangerous weapon where the offense is a felony or, if a
4		misdemeanor, the offense involved the intentional or
5		knowing infliction of bodily harm or threat of bodily harm;
6		(4) not leave the State without the consent of the
7		court or, in circumstances in which the reason for the
8		absence is of such an emergency nature that prior consent
9		by the court is not possible, without the prior
10		notification and approval of the person's probation
11		officer. Transfer of a person's probation or conditional
12		discharge supervision to another state is subject to
13		acceptance by the other state pursuant to the Interstate
14		Compact for Adult Offender Supervision;
15		(5) permit the probation officer to visit him at his
16		home or elsewhere to the extent necessary to discharge his
17		duties;
18		(6) perform no less than 30 hours of community service
19		and not more than 120 hours of community service, if
20		community service is available in the jurisdiction and is
21		funded and approved by the county board where the offense
22		was committed, where the offense was related to or in
23		furtherance of the criminal activities of an organized gang
24		and was motivated by the offender's membership in or
25		allegiance to an organized gang. The community service
26		shall include, but not be limited to, the cleanup and

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1		repair of any damage caused by a violation of Section
2		21-1.3 of the Criminal Code of 1961 or the Criminal Code of
3		2012 and similar damage to property located within the
4		municipality or county in which the violation occurred.
5		When possible and reasonable, the community service should
6		be performed in the offender's neighborhood. For purposes
7		of this Section, "organized gang" has the meaning ascribed
8		to it in Section 10 of the Illinois Streetgang Terrorism
9		Omnibus Prevention Act;
10		(7) if he or she is at least 17 years of age and has
11		been sentenced to probation or conditional discharge for a
12		misdemeanor or felony in a county of 3,000,000 or more
13		inhabitants and has not been previously convicted of a
14		misdemeanor or felony, may be required by the sentencing
15		court to attend educational courses designed to prepare the
16		defendant for a high school diploma and to work toward a
17		high school diploma or to work toward passing high school
18		equivalency testing or to work toward completing a
19		vocational training program approved by the court. The
20		person on probation or conditional discharge must attend a
21		public institution of education to obtain the educational
22		or vocational training required by this clause (7). The
23		court shall revoke the probation or conditional discharge
24		of a person who wilfully fails to comply with this clause
25		(7). The person on probation or conditional discharge shall
26		be required to pay for the cost of the educational courses

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1		or high school equivalency testing if a fee is charged for
2		those courses or testing. The court shall resentence the
3		offender whose probation or conditional discharge has been
4		revoked as provided in Section 5-6-4. This clause (7) does
5		not apply to a person who has a high school diploma or has
6		successfully passed high school equivalency testing. This
7		clause (7) does not apply to a person who is determined by
8		the court to be a person with a developmental disability
9		developmentally disabled or otherwise mentally incapable
10		of completing the educational or vocational program;
11		(8) if convicted of possession of a substance
12		prohibited by the Cannabis Control Act, the Illinois
13		Controlled Substances Act, or the Methamphetamine Control
14		and Community Protection Act after a previous conviction or
15		disposition of supervision for possession of a substance
16		prohibited by the Cannabis Control Act or Illinois
17		Controlled Substances Act or after a sentence of probation
18		under Section 10 of the Cannabis Control Act, Section 410
19		of the Illinois Controlled Substances Act, or Section 70 of
20		the Methamphetamine Control and Community Protection Act
21		and upon a finding by the court that the person is
22		addicted, undergo treatment at a substance abuse program
23		approved by the court;
24		(8.5) if convicted of a felony sex offense as defined
25		in the Sex Offender Management Board Act, the person shall
26		undergo and successfully complete sex offender treatment

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1		by a treatment provider approved by the Board and conducted
2		in conformance with the standards developed under the Sex
3		Offender Management Board Act;
4		(8.6) if convicted of a sex offense as defined in the
5		Sex Offender Management Board Act, refrain from residing at
6		the same address or in the same condominium unit or
7		apartment unit or in the same condominium complex or
8		apartment complex with another person he or she knows or
9		reasonably should know is a convicted sex offender or has
10		been placed on supervision for a sex offense; the
11		provisions of this paragraph do not apply to a person
12		convicted of a sex offense who is placed in a Department of
13		Corrections licensed transitional housing facility for sex
14		offenders;
15		(8.7) if convicted for an offense committed on or after
16		June 1, 2008 (the effective date of Public Act 95-464) that
17		would qualify the accused as a child sex offender as
18		defined in Section 11-9.3 or 11-9.4 of the Criminal Code of
19		1961 or the Criminal Code of 2012, refrain from
20		communicating with or contacting, by means of the Internet,
21		a person who is not related to the accused and whom the
22		accused reasonably believes to be under 18 years of age;
23		for purposes of this paragraph (8.7), "Internet" has the
24		meaning ascribed to it in Section 16-0.1 of the Criminal
25		Code of 2012; and a person is not related to the accused if
26		the person is not: (i) the spouse, brother, or sister of

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1		the accused; (ii) a descendant of the accused; (iii) a
2		first or second cousin of the accused; or (iv) a step-child
3		or adopted child of the accused;
4		(8.8) if convicted for an offense under Section 11-6,
5		11-9.1, 11-14.4 that involves soliciting for a juvenile
6		prostitute, 11-15.1, 11-20.1, 11-20.1B, 11-20.3, or 11-21
7		of the Criminal Code of 1961 or the Criminal Code of 2012,
8		or any attempt to commit any of these offenses, committed
9		on or after June 1, 2009 (the effective date of Public Act
10		95-983):
11		(i) not access or use a computer or any other
12		device with Internet capability without the prior
13		written approval of the offender's probation officer,
14		except in connection with the offender's employment or
15		search for employment with the prior approval of the
16		offender's probation officer;
17		(ii) submit to periodic unannounced examinations
18		of the offender's computer or any other device with
19		Internet capability by the offender's probation
20		officer, a law enforcement officer, or assigned
21		computer or information technology specialist,
22		including the retrieval and copying of all data from
23		the computer or device and any internal or external
24		peripherals and removal of such information,
25		equipment, or device to conduct a more thorough
26		inspection;

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1		(iii) submit to the installation on the offender's
2		computer or device with Internet capability, at the
3		offender's expense, of one or more hardware or software
4		systems to monitor the Internet use; and
5		(iv) submit to any other appropriate restrictions
6		concerning the offender's use of or access to a
7		computer or any other device with Internet capability
8		imposed by the offender's probation officer;
9		(8.9) if convicted of a sex offense as defined in the
10		Sex Offender Registration Act committed on or after January
11		1, 2010 (the effective date of Public Act 96-262), refrain
12		from accessing or using a social networking website as
13		defined in Section 17-0.5 of the Criminal Code of 2012;
14		(9) if convicted of a felony or of any misdemeanor
15		violation of Section 12-1, 12-2, 12-3, 12-3.2, 12-3.4, or
16		12-3.5 of the Criminal Code of 1961 or the Criminal Code of
17		2012 that was determined, pursuant to Section 112A-11.1 of
18		the Code of Criminal Procedure of 1963, to trigger the
19		prohibitions of 18 U.S.C. 922(g)(9), physically surrender
20		at a time and place designated by the court, his or her
21		Firearm Owner's Identification Card and any and all
22		firearms in his or her possession. The Court shall return
23		to the Department of State Police Firearm Owner's
24		Identification Card Office the person's Firearm Owner's
25		Identification Card;
26		(10) if convicted of a sex offense as defined in

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1		subsection (a-5) of Section 3-1-2 of this Code, unless the
2		offender is a parent or guardian of the person under 18
3		years of age present in the home and no non-familial minors
4		are present, not participate in a holiday event involving
5		children under 18 years of age, such as distributing candy
6		or other items to children on Halloween, wearing a Santa
7		Claus costume on or preceding Christmas, being employed as
8		a department store Santa Claus, or wearing an Easter Bunny
9		costume on or preceding Easter;
10		(11) if convicted of a sex offense as defined in
11		Section 2 of the Sex Offender Registration Act committed on
12		or after January 1, 2010 (the effective date of Public Act
13		96-362) that requires the person to register as a sex
14		offender under that Act, may not knowingly use any computer
15		scrub software on any computer that the sex offender uses;
16		and
17		(12) if convicted of a violation of the Methamphetamine
18		Control and Community Protection Act, the Methamphetamine
19		Precursor Control Act, or a methamphetamine related
20		offense:
21		(A) prohibited from purchasing, possessing, or
22		having under his or her control any product containing
23		pseudoephedrine unless prescribed by a physician; and
24		(B) prohibited from purchasing, possessing, or
25		having under his or her control any product containing
26		ammonium nitrate.

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1		(b) The Court may in addition to other reasonable
2		conditions relating to the nature of the offense or the
3		rehabilitation of the defendant as determined for each
4		defendant in the proper discretion of the Court require that
5		the person:
6		(1) serve a term of periodic imprisonment under Article
7		7 for a period not to exceed that specified in paragraph
8		(d) of Section 5-7-1;
9		(2) pay a fine and costs;
10		(3) work or pursue a course of study or vocational
11		training;
12		(4) undergo medical, psychological or psychiatric
13		treatment; or treatment for drug addiction or alcoholism;
14		(5) attend or reside in a facility established for the
15		instruction or residence of defendants on probation;
16		(6) support his dependents;
17		(7) and in addition, if a minor:
18		(i) reside with his parents or in a foster home;
19		(ii) attend school;
20		(iii) attend a non-residential program for youth;
21		(iv) contribute to his own support at home or in a
22		foster home;
23		(v) with the consent of the superintendent of the
24		facility, attend an educational program at a facility
25		other than the school in which the offense was
26		committed if he or she is convicted of a crime of

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1		violence as defined in Section 2 of the Crime Victims
2		Compensation Act committed in a school, on the real
3		property comprising a school, or within 1,000 feet of
4		the real property comprising a school;
5		(8) make restitution as provided in Section 5-5-6 of
6		this Code;
7		(9) perform some reasonable public or community
8		service;
9		(10) serve a term of home confinement. In addition to
10		any other applicable condition of probation or conditional
11		discharge, the conditions of home confinement shall be that
12		the offender:
13		(i) remain within the interior premises of the
14		place designated for his confinement during the hours
15		designated by the court;
16		(ii) admit any person or agent designated by the
17		court into the offender's place of confinement at any
18		time for purposes of verifying the offender's
19		compliance with the conditions of his confinement; and
20		(iii) if further deemed necessary by the court or
21		the Probation or Court Services Department, be placed
22		on an approved electronic monitoring device, subject
23		to Article 8A of Chapter V;
24		(iv) for persons convicted of any alcohol,
25		cannabis or controlled substance violation who are
26		placed on an approved monitoring device as a condition

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1		of probation or conditional discharge, the court shall
2		impose a reasonable fee for each day of the use of the
3		device, as established by the county board in
4		subsection (g) of this Section, unless after
5		determining the inability of the offender to pay the
6		fee, the court assesses a lesser fee or no fee as the
7		case may be. This fee shall be imposed in addition to
8		the fees imposed under subsections (g) and (i) of this
9		Section. The fee shall be collected by the clerk of the
10		circuit court. The clerk of the circuit court shall pay
11		all monies collected from this fee to the county
12		treasurer for deposit in the substance abuse services
13		fund under Section 5-1086.1 of the Counties Code; and
14		(v) for persons convicted of offenses other than
15		those referenced in clause (iv) above and who are
16		placed on an approved monitoring device as a condition
17		of probation or conditional discharge, the court shall
18		impose a reasonable fee for each day of the use of the
19		device, as established by the county board in
20		subsection (g) of this Section, unless after
21		determining the inability of the defendant to pay the
22		fee, the court assesses a lesser fee or no fee as the
23		case may be. This fee shall be imposed in addition to
24		the fees imposed under subsections (g) and (i) of this
25		Section. The fee shall be collected by the clerk of the
26		circuit court. The clerk of the circuit court shall pay

HB4049 Engrossed - 1752 - LRB099 03667 KTG 23678 b
1		all monies collected from this fee to the county
2		treasurer who shall use the monies collected to defray
3		the costs of corrections. The county treasurer shall
4		deposit the fee collected in the probation and court
5		services fund.
6		(11) comply with the terms and conditions of an order
7		of protection issued by the court pursuant to the Illinois
8		Domestic Violence Act of 1986, as now or hereafter amended,
9		or an order of protection issued by the court of another
10		state, tribe, or United States territory. A copy of the
11		order of protection shall be transmitted to the probation
12		officer or agency having responsibility for the case;
13		(12) reimburse any "local anti-crime program" as
14		defined in Section 7 of the Anti-Crime Advisory Council Act
15		for any reasonable expenses incurred by the program on the
16		offender's case, not to exceed the maximum amount of the
17		fine authorized for the offense for which the defendant was
18		sentenced;
19		(13) contribute a reasonable sum of money, not to
20		exceed the maximum amount of the fine authorized for the
21		offense for which the defendant was sentenced, (i) to a
22		"local anti-crime program", as defined in Section 7 of the
23		Anti-Crime Advisory Council Act, or (ii) for offenses under
24		the jurisdiction of the Department of Natural Resources, to
25		the fund established by the Department of Natural Resources
26		for the purchase of evidence for investigation purposes and

HB4049 Engrossed - 1753 - LRB099 03667 KTG 23678 b
1		to conduct investigations as outlined in Section 805-105 of
2		the Department of Natural Resources (Conservation) Law;
3		(14) refrain from entering into a designated
4		geographic area except upon such terms as the court finds
5		appropriate. Such terms may include consideration of the
6		purpose of the entry, the time of day, other persons
7		accompanying the defendant, and advance approval by a
8		probation officer, if the defendant has been placed on
9		probation or advance approval by the court, if the
10		defendant was placed on conditional discharge;
11		(15) refrain from having any contact, directly or
12		indirectly, with certain specified persons or particular
13		types of persons, including but not limited to members of
14		street gangs and drug users or dealers;
15		(16) refrain from having in his or her body the
16		presence of any illicit drug prohibited by the Cannabis
17		Control Act, the Illinois Controlled Substances Act, or the
18		Methamphetamine Control and Community Protection Act,
19		unless prescribed by a physician, and submit samples of his
20		or her blood or urine or both for tests to determine the
21		presence of any illicit drug;
22		(17) if convicted for an offense committed on or after
23		June 1, 2008 (the effective date of Public Act 95-464) that
24		would qualify the accused as a child sex offender as
25		defined in Section 11-9.3 or 11-9.4 of the Criminal Code of
26		1961 or the Criminal Code of 2012, refrain from

HB4049 Engrossed - 1754 - LRB099 03667 KTG 23678 b
1		communicating with or contacting, by means of the Internet,
2		a person who is related to the accused and whom the accused
3		reasonably believes to be under 18 years of age; for
4		purposes of this paragraph (17), "Internet" has the meaning
5		ascribed to it in Section 16-0.1 of the Criminal Code of
6		2012; and a person is related to the accused if the person
7		is: (i) the spouse, brother, or sister of the accused; (ii)
8		a descendant of the accused; (iii) a first or second cousin
9		of the accused; or (iv) a step-child or adopted child of
10		the accused;
11		(18) if convicted for an offense committed on or after
12		June 1, 2009 (the effective date of Public Act 95-983) that
13		would qualify as a sex offense as defined in the Sex
14		Offender Registration Act:
15		(i) not access or use a computer or any other
16		device with Internet capability without the prior
17		written approval of the offender's probation officer,
18		except in connection with the offender's employment or
19		search for employment with the prior approval of the
20		offender's probation officer;
21		(ii) submit to periodic unannounced examinations
22		of the offender's computer or any other device with
23		Internet capability by the offender's probation
24		officer, a law enforcement officer, or assigned
25		computer or information technology specialist,
26		including the retrieval and copying of all data from

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1		the computer or device and any internal or external
2		peripherals and removal of such information,
3		equipment, or device to conduct a more thorough
4		inspection;
5		(iii) submit to the installation on the offender's
6		computer or device with Internet capability, at the
7		subject's expense, of one or more hardware or software
8		systems to monitor the Internet use; and
9		(iv) submit to any other appropriate restrictions
10		concerning the offender's use of or access to a
11		computer or any other device with Internet capability
12		imposed by the offender's probation officer; and
13		(19) refrain from possessing a firearm or other
14		dangerous weapon where the offense is a misdemeanor that
15		did not involve the intentional or knowing infliction of
16		bodily harm or threat of bodily harm.
17		(c) The court may as a condition of probation or of
18		conditional discharge require that a person under 18 years of
19		age found guilty of any alcohol, cannabis or controlled
20		substance violation, refrain from acquiring a driver's license
21		during the period of probation or conditional discharge. If
22		such person is in possession of a permit or license, the court
23		may require that the minor refrain from driving or operating
24		any motor vehicle during the period of probation or conditional
25		discharge, except as may be necessary in the course of the
26		minor's lawful employment.

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1		(d) An offender sentenced to probation or to conditional
2		discharge shall be given a certificate setting forth the
3		conditions thereof.
4		(e) Except where the offender has committed a fourth or
5		subsequent violation of subsection (c) of Section 6-303 of the
6		Illinois Vehicle Code, the court shall not require as a
7		condition of the sentence of probation or conditional discharge
8		that the offender be committed to a period of imprisonment in
9		excess of 6 months. This 6 month limit shall not include
10		periods of confinement given pursuant to a sentence of county
11		impact incarceration under Section 5-8-1.2.
12		Persons committed to imprisonment as a condition of
13		probation or conditional discharge shall not be committed to
14		the Department of Corrections.
15		(f) The court may combine a sentence of periodic
16		imprisonment under Article 7 or a sentence to a county impact
17		incarceration program under Article 8 with a sentence of
18		probation or conditional discharge.
19		(g) An offender sentenced to probation or to conditional
20		discharge and who during the term of either undergoes mandatory
21		drug or alcohol testing, or both, or is assigned to be placed
22		on an approved electronic monitoring device, shall be ordered
23		to pay all costs incidental to such mandatory drug or alcohol
24		testing, or both, and all costs incidental to such approved
25		electronic monitoring in accordance with the defendant's
26		ability to pay those costs. The county board with the

HB4049 Engrossed - 1757 - LRB099 03667 KTG 23678 b
1		concurrence of the Chief Judge of the judicial circuit in which
2		the county is located shall establish reasonable fees for the
3		cost of maintenance, testing, and incidental expenses related
4		to the mandatory drug or alcohol testing, or both, and all
5		costs incidental to approved electronic monitoring, involved
6		in a successful probation program for the county. The
7		concurrence of the Chief Judge shall be in the form of an
8		administrative order. The fees shall be collected by the clerk
9		of the circuit court. The clerk of the circuit court shall pay
10		all moneys collected from these fees to the county treasurer
11		who shall use the moneys collected to defray the costs of drug
12		testing, alcohol testing, and electronic monitoring. The
13		county treasurer shall deposit the fees collected in the county
14		working cash fund under Section 6-27001 or Section 6-29002 of
15		the Counties Code, as the case may be.
16		(h) Jurisdiction over an offender may be transferred from
17		the sentencing court to the court of another circuit with the
18		concurrence of both courts. Further transfers or retransfers of
19		jurisdiction are also authorized in the same manner. The court
20		to which jurisdiction has been transferred shall have the same
21		powers as the sentencing court. The probation department within
22		the circuit to which jurisdiction has been transferred, or
23		which has agreed to provide supervision, may impose probation
24		fees upon receiving the transferred offender, as provided in
25		subsection (i). For all transfer cases, as defined in Section
26		9b of the Probation and Probation Officers Act, the probation

HB4049 Engrossed - 1758 - LRB099 03667 KTG 23678 b
1		department from the original sentencing court shall retain all
2		probation fees collected prior to the transfer. After the
3		transfer all probation fees shall be paid to the probation
4		department within the circuit to which jurisdiction has been
5		transferred.
6		(i) The court shall impose upon an offender sentenced to
7		probation after January 1, 1989 or to conditional discharge
8		after January 1, 1992 or to community service under the
9		supervision of a probation or court services department after
10		January 1, 2004, as a condition of such probation or
11		conditional discharge or supervised community service, a fee of
12		$50 for each month of probation or conditional discharge
13		supervision or supervised community service ordered by the
14		court, unless after determining the inability of the person
15		sentenced to probation or conditional discharge or supervised
16		community service to pay the fee, the court assesses a lesser
17		fee. The court may not impose the fee on a minor who is made a
18		ward of the State under the Juvenile Court Act of 1987 while
19		the minor is in placement. The fee shall be imposed only upon
20		an offender who is actively supervised by the probation and
21		court services department. The fee shall be collected by the
22		clerk of the circuit court. The clerk of the circuit court
23		shall pay all monies collected from this fee to the county
24		treasurer for deposit in the probation and court services fund
25		under Section 15.1 of the Probation and Probation Officers Act.
26		A circuit court may not impose a probation fee under this

HB4049 Engrossed - 1759 - LRB099 03667 KTG 23678 b
1		subsection (i) in excess of $25 per month unless the circuit
2		court has adopted, by administrative order issued by the chief
3		judge, a standard probation fee guide determining an offender's
4		ability to pay Of the amount collected as a probation fee, up
5		to $5 of that fee collected per month may be used to provide
6		services to crime victims and their families.
7		The Court may only waive probation fees based on an
8		offender's ability to pay. The probation department may
9		re-evaluate an offender's ability to pay every 6 months, and,
10		with the approval of the Director of Court Services or the
11		Chief Probation Officer, adjust the monthly fee amount. An
12		offender may elect to pay probation fees due in a lump sum. Any
13		offender that has been assigned to the supervision of a
14		probation department, or has been transferred either under
15		subsection (h) of this Section or under any interstate compact,
16		shall be required to pay probation fees to the department
17		supervising the offender, based on the offender's ability to
18		pay.
19		This amendatory Act of the 93rd General Assembly deletes
20		the $10 increase in the fee under this subsection that was
21		imposed by Public Act 93-616. This deletion is intended to
22		control over any other Act of the 93rd General Assembly that
23		retains or incorporates that fee increase.
24		(i-5) In addition to the fees imposed under subsection (i)
25		of this Section, in the case of an offender convicted of a
26		felony sex offense (as defined in the Sex Offender Management

HB4049 Engrossed - 1760 - LRB099 03667 KTG 23678 b
1		Board Act) or an offense that the court or probation department
2		has determined to be sexually motivated (as defined in the Sex
3		Offender Management Board Act), the court or the probation
4		department shall assess additional fees to pay for all costs of
5		treatment, assessment, evaluation for risk and treatment, and
6		monitoring the offender, based on that offender's ability to
7		pay those costs either as they occur or under a payment plan.
8		(j) All fines and costs imposed under this Section for any
9		violation of Chapters 3, 4, 6, and 11 of the Illinois Vehicle
10		Code, or a similar provision of a local ordinance, and any
11		violation of the Child Passenger Protection Act, or a similar
12		provision of a local ordinance, shall be collected and
13		disbursed by the circuit clerk as provided under Section 27.5
14		of the Clerks of Courts Act.
15		(k) Any offender who is sentenced to probation or
16		conditional discharge for a felony sex offense as defined in
17		the Sex Offender Management Board Act or any offense that the
18		court or probation department has determined to be sexually
19		motivated as defined in the Sex Offender Management Board Act
20		shall be required to refrain from any contact, directly or
21		indirectly, with any persons specified by the court and shall
22		be available for all evaluations and treatment programs
23		required by the court or the probation department.
24		(l) The court may order an offender who is sentenced to
25		probation or conditional discharge for a violation of an order
26		of protection be placed under electronic surveillance as

HB4049 Engrossed - 1761 - LRB099 03667 KTG 23678 b
1		provided in Section 5-8A-7 of this Code.
2		(Source: P.A. 97-454, eff. 1-1-12; 97-560, eff. 1-1-12; 97-597,
3		eff. 1-1-12; 97-1109, eff. 1-1-13; 97-1131, eff. 1-1-13;
4		97-1150, eff. 1-25-13; 98-575, eff. 1-1-14; 98-718, eff.
5		1-1-15.)
6		(730 ILCS 5/5-6-3.1) (from Ch. 38, par. 1005-6-3.1)
7		Sec. 5-6-3.1. Incidents and Conditions of Supervision.
8		(a) When a defendant is placed on supervision, the court
9		shall enter an order for supervision specifying the period of
10		such supervision, and shall defer further proceedings in the
11		case until the conclusion of the period.
12		(b) The period of supervision shall be reasonable under all
13		of the circumstances of the case, but may not be longer than 2
14		years, unless the defendant has failed to pay the assessment
15		required by Section 10.3 of the Cannabis Control Act, Section
16		411.2 of the Illinois Controlled Substances Act, or Section 80
17		of the Methamphetamine Control and Community Protection Act, in
18		which case the court may extend supervision beyond 2 years.
19		Additionally, the court shall order the defendant to perform no
20		less than 30 hours of community service and not more than 120
21		hours of community service, if community service is available
22		in the jurisdiction and is funded and approved by the county
23		board where the offense was committed, when the offense (1) was
24		related to or in furtherance of the criminal activities of an
25		organized gang or was motivated by the defendant's membership

HB4049 Engrossed - 1762 - LRB099 03667 KTG 23678 b
1		in or allegiance to an organized gang; or (2) is a violation of
2		any Section of Article 24 of the Criminal Code of 1961 or the
3		Criminal Code of 2012 where a disposition of supervision is not
4		prohibited by Section 5-6-1 of this Code. The community service
5		shall include, but not be limited to, the cleanup and repair of
6		any damage caused by violation of Section 21-1.3 of the
7		Criminal Code of 1961 or the Criminal Code of 2012 and similar
8		damages to property located within the municipality or county
9		in which the violation occurred. Where possible and reasonable,
10		the community service should be performed in the offender's
11		neighborhood.
12		For the purposes of this Section, "organized gang" has the
13		meaning ascribed to it in Section 10 of the Illinois Streetgang
14		Terrorism Omnibus Prevention Act.
15		(c) The court may in addition to other reasonable
16		conditions relating to the nature of the offense or the
17		rehabilitation of the defendant as determined for each
18		defendant in the proper discretion of the court require that
19		the person:
20		(1) make a report to and appear in person before or
21		participate with the court or such courts, person, or
22		social service agency as directed by the court in the order
23		of supervision;
24		(2) pay a fine and costs;
25		(3) work or pursue a course of study or vocational
26		training;

HB4049 Engrossed - 1763 - LRB099 03667 KTG 23678 b
1		(4) undergo medical, psychological or psychiatric
2		treatment; or treatment for drug addiction or alcoholism;
3		(5) attend or reside in a facility established for the
4		instruction or residence of defendants on probation;
5		(6) support his dependents;
6		(7) refrain from possessing a firearm or other
7		dangerous weapon;
8		(8) and in addition, if a minor:
9		(i) reside with his parents or in a foster home;
10		(ii) attend school;
11		(iii) attend a non-residential program for youth;
12		(iv) contribute to his own support at home or in a
13		foster home; or
14		(v) with the consent of the superintendent of the
15		facility, attend an educational program at a facility
16		other than the school in which the offense was
17		committed if he or she is placed on supervision for a
18		crime of violence as defined in Section 2 of the Crime
19		Victims Compensation Act committed in a school, on the
20		real property comprising a school, or within 1,000 feet
21		of the real property comprising a school;
22		(9) make restitution or reparation in an amount not to
23		exceed actual loss or damage to property and pecuniary loss
24		or make restitution under Section 5-5-6 to a domestic
25		violence shelter. The court shall determine the amount and
26		conditions of payment;

HB4049 Engrossed - 1764 - LRB099 03667 KTG 23678 b
1		(10) perform some reasonable public or community
2		service;
3		(11) comply with the terms and conditions of an order
4		of protection issued by the court pursuant to the Illinois
5		Domestic Violence Act of 1986 or an order of protection
6		issued by the court of another state, tribe, or United
7		States territory. If the court has ordered the defendant to
8		make a report and appear in person under paragraph (1) of
9		this subsection, a copy of the order of protection shall be
10		transmitted to the person or agency so designated by the
11		court;
12		(12) reimburse any "local anti-crime program" as
13		defined in Section 7 of the Anti-Crime Advisory Council Act
14		for any reasonable expenses incurred by the program on the
15		offender's case, not to exceed the maximum amount of the
16		fine authorized for the offense for which the defendant was
17		sentenced;
18		(13) contribute a reasonable sum of money, not to
19		exceed the maximum amount of the fine authorized for the
20		offense for which the defendant was sentenced, (i) to a
21		"local anti-crime program", as defined in Section 7 of the
22		Anti-Crime Advisory Council Act, or (ii) for offenses under
23		the jurisdiction of the Department of Natural Resources, to
24		the fund established by the Department of Natural Resources
25		for the purchase of evidence for investigation purposes and
26		to conduct investigations as outlined in Section 805-105 of

HB4049 Engrossed - 1765 - LRB099 03667 KTG 23678 b
1		the Department of Natural Resources (Conservation) Law;
2		(14) refrain from entering into a designated
3		geographic area except upon such terms as the court finds
4		appropriate. Such terms may include consideration of the
5		purpose of the entry, the time of day, other persons
6		accompanying the defendant, and advance approval by a
7		probation officer;
8		(15) refrain from having any contact, directly or
9		indirectly, with certain specified persons or particular
10		types of person, including but not limited to members of
11		street gangs and drug users or dealers;
12		(16) refrain from having in his or her body the
13		presence of any illicit drug prohibited by the Cannabis
14		Control Act, the Illinois Controlled Substances Act, or the
15		Methamphetamine Control and Community Protection Act,
16		unless prescribed by a physician, and submit samples of his
17		or her blood or urine or both for tests to determine the
18		presence of any illicit drug;
19		(17) refrain from operating any motor vehicle not
20		equipped with an ignition interlock device as defined in
21		Section 1-129.1 of the Illinois Vehicle Code; under this
22		condition the court may allow a defendant who is not
23		self-employed to operate a vehicle owned by the defendant's
24		employer that is not equipped with an ignition interlock
25		device in the course and scope of the defendant's
26		employment; and

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1		(18) if placed on supervision for a sex offense as
2		defined in subsection (a-5) of Section 3-1-2 of this Code,
3		unless the offender is a parent or guardian of the person
4		under 18 years of age present in the home and no
5		non-familial minors are present, not participate in a
6		holiday event involving children under 18 years of age,
7		such as distributing candy or other items to children on
8		Halloween, wearing a Santa Claus costume on or preceding
9		Christmas, being employed as a department store Santa
10		Claus, or wearing an Easter Bunny costume on or preceding
11		Easter.
12		(c-5) If payment of restitution as ordered has not been
13		made, the victim shall file a petition notifying the sentencing
14		court, any other person to whom restitution is owed, and the
15		State's Attorney of the status of the ordered restitution
16		payments unpaid at least 90 days before the supervision
17		expiration date. If payment as ordered has not been made, the
18		court shall hold a review hearing prior to the expiration date,
19		unless the hearing is voluntarily waived by the defendant with
20		the knowledge that waiver may result in an extension of the
21		supervision period or in a revocation of supervision. If the
22		court does not extend supervision, it shall issue a judgment
23		for the unpaid restitution and direct the clerk of the circuit
24		court to file and enter the judgment in the judgment and lien
25		docket, without fee, unless it finds that the victim has
26		recovered a judgment against the defendant for the amount

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1		covered by the restitution order. If the court issues a
2		judgment for the unpaid restitution, the court shall send to
3		the defendant at his or her last known address written
4		notification that a civil judgment has been issued for the
5		unpaid restitution.
6		(d) The court shall defer entering any judgment on the
7		charges until the conclusion of the supervision.
8		(e) At the conclusion of the period of supervision, if the
9		court determines that the defendant has successfully complied
10		with all of the conditions of supervision, the court shall
11		discharge the defendant and enter a judgment dismissing the
12		charges.
13		(f) Discharge and dismissal upon a successful conclusion of
14		a disposition of supervision shall be deemed without
15		adjudication of guilt and shall not be termed a conviction for
16		purposes of disqualification or disabilities imposed by law
17		upon conviction of a crime. Two years after the discharge and
18		dismissal under this Section, unless the disposition of
19		supervision was for a violation of Sections 3-707, 3-708,
20		3-710, 5-401.3, or 11-503 of the Illinois Vehicle Code or a
21		similar provision of a local ordinance, or for a violation of
22		Sections 12-3.2, 16-25, or 16A-3 of the Criminal Code of 1961
23		or the Criminal Code of 2012, in which case it shall be 5 years
24		after discharge and dismissal, a person may have his record of
25		arrest sealed or expunged as may be provided by law. However,
26		any defendant placed on supervision before January 1, 1980, may

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1		move for sealing or expungement of his arrest record, as
2		provided by law, at any time after discharge and dismissal
3		under this Section. A person placed on supervision for a sexual
4		offense committed against a minor as defined in clause
5		(a)(1)(L) of Section 5.2 of the Criminal Identification Act or
6		for a violation of Section 11-501 of the Illinois Vehicle Code
7		or a similar provision of a local ordinance shall not have his
8		or her record of arrest sealed or expunged.
9		(g) A defendant placed on supervision and who during the
10		period of supervision undergoes mandatory drug or alcohol
11		testing, or both, or is assigned to be placed on an approved
12		electronic monitoring device, shall be ordered to pay the costs
13		incidental to such mandatory drug or alcohol testing, or both,
14		and costs incidental to such approved electronic monitoring in
15		accordance with the defendant's ability to pay those costs. The
16		county board with the concurrence of the Chief Judge of the
17		judicial circuit in which the county is located shall establish
18		reasonable fees for the cost of maintenance, testing, and
19		incidental expenses related to the mandatory drug or alcohol
20		testing, or both, and all costs incidental to approved
21		electronic monitoring, of all defendants placed on
22		supervision. The concurrence of the Chief Judge shall be in the
23		form of an administrative order. The fees shall be collected by
24		the clerk of the circuit court. The clerk of the circuit court
25		shall pay all moneys collected from these fees to the county
26		treasurer who shall use the moneys collected to defray the

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1		costs of drug testing, alcohol testing, and electronic
2		monitoring. The county treasurer shall deposit the fees
3		collected in the county working cash fund under Section 6-27001
4		or Section 6-29002 of the Counties Code, as the case may be.
5		(h) A disposition of supervision is a final order for the
6		purposes of appeal.
7		(i) The court shall impose upon a defendant placed on
8		supervision after January 1, 1992 or to community service under
9		the supervision of a probation or court services department
10		after January 1, 2004, as a condition of supervision or
11		supervised community service, a fee of $50 for each month of
12		supervision or supervised community service ordered by the
13		court, unless after determining the inability of the person
14		placed on supervision or supervised community service to pay
15		the fee, the court assesses a lesser fee. The court may not
16		impose the fee on a minor who is made a ward of the State under
17		the Juvenile Court Act of 1987 while the minor is in placement.
18		The fee shall be imposed only upon a defendant who is actively
19		supervised by the probation and court services department. The
20		fee shall be collected by the clerk of the circuit court. The
21		clerk of the circuit court shall pay all monies collected from
22		this fee to the county treasurer for deposit in the probation
23		and court services fund pursuant to Section 15.1 of the
24		Probation and Probation Officers Act.
25		A circuit court may not impose a probation fee in excess of
26		$25 per month unless the circuit court has adopted, by

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1		administrative order issued by the chief judge, a standard
2		probation fee guide determining an offender's ability to pay.
3		Of the amount collected as a probation fee, not to exceed $5 of
4		that fee collected per month may be used to provide services to
5		crime victims and their families.
6		The Court may only waive probation fees based on an
7		offender's ability to pay. The probation department may
8		re-evaluate an offender's ability to pay every 6 months, and,
9		with the approval of the Director of Court Services or the
10		Chief Probation Officer, adjust the monthly fee amount. An
11		offender may elect to pay probation fees due in a lump sum. Any
12		offender that has been assigned to the supervision of a
13		probation department, or has been transferred either under
14		subsection (h) of this Section or under any interstate compact,
15		shall be required to pay probation fees to the department
16		supervising the offender, based on the offender's ability to
17		pay.
18		(j) All fines and costs imposed under this Section for any
19		violation of Chapters 3, 4, 6, and 11 of the Illinois Vehicle
20		Code, or a similar provision of a local ordinance, and any
21		violation of the Child Passenger Protection Act, or a similar
22		provision of a local ordinance, shall be collected and
23		disbursed by the circuit clerk as provided under Section 27.5
24		of the Clerks of Courts Act.
25		(k) A defendant at least 17 years of age who is placed on
26		supervision for a misdemeanor in a county of 3,000,000 or more

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1		inhabitants and who has not been previously convicted of a
2		misdemeanor or felony may as a condition of his or her
3		supervision be required by the court to attend educational
4		courses designed to prepare the defendant for a high school
5		diploma and to work toward a high school diploma or to work
6		toward passing high school equivalency testing or to work
7		toward completing a vocational training program approved by the
8		court. The defendant placed on supervision must attend a public
9		institution of education to obtain the educational or
10		vocational training required by this subsection (k). The
11		defendant placed on supervision shall be required to pay for
12		the cost of the educational courses or high school equivalency
13		testing if a fee is charged for those courses or testing. The
14		court shall revoke the supervision of a person who wilfully
15		fails to comply with this subsection (k). The court shall
16		resentence the defendant upon revocation of supervision as
17		provided in Section 5-6-4. This subsection (k) does not apply
18		to a defendant who has a high school diploma or has
19		successfully passed high school equivalency testing. This
20		subsection (k) does not apply to a defendant who is determined
21		by the court to be a person with a developmental disability
22		developmentally disabled or otherwise mentally incapable of
23		completing the educational or vocational program.
24		(l) The court shall require a defendant placed on
25		supervision for possession of a substance prohibited by the
26		Cannabis Control Act, the Illinois Controlled Substances Act,

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1		or the Methamphetamine Control and Community Protection Act
2		after a previous conviction or disposition of supervision for
3		possession of a substance prohibited by the Cannabis Control
4		Act, the Illinois Controlled Substances Act, or the
5		Methamphetamine Control and Community Protection Act or a
6		sentence of probation under Section 10 of the Cannabis Control
7		Act or Section 410 of the Illinois Controlled Substances Act
8		and after a finding by the court that the person is addicted,
9		to undergo treatment at a substance abuse program approved by
10		the court.
11		(m) The Secretary of State shall require anyone placed on
12		court supervision for a violation of Section 3-707 of the
13		Illinois Vehicle Code or a similar provision of a local
14		ordinance to give proof of his or her financial responsibility
15		as defined in Section 7-315 of the Illinois Vehicle Code. The
16		proof shall be maintained by the individual in a manner
17		satisfactory to the Secretary of State for a minimum period of
18		3 years after the date the proof is first filed. The proof
19		shall be limited to a single action per arrest and may not be
20		affected by any post-sentence disposition. The Secretary of
21		State shall suspend the driver's license of any person
22		determined by the Secretary to be in violation of this
23		subsection.
24		(n) Any offender placed on supervision for any offense that
25		the court or probation department has determined to be sexually
26		motivated as defined in the Sex Offender Management Board Act

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1		shall be required to refrain from any contact, directly or
2		indirectly, with any persons specified by the court and shall
3		be available for all evaluations and treatment programs
4		required by the court or the probation department.
5		(o) An offender placed on supervision for a sex offense as
6		defined in the Sex Offender Management Board Act shall refrain
7		from residing at the same address or in the same condominium
8		unit or apartment unit or in the same condominium complex or
9		apartment complex with another person he or she knows or
10		reasonably should know is a convicted sex offender or has been
11		placed on supervision for a sex offense. The provisions of this
12		subsection (o) do not apply to a person convicted of a sex
13		offense who is placed in a Department of Corrections licensed
14		transitional housing facility for sex offenders.
15		(p) An offender placed on supervision for an offense
16		committed on or after June 1, 2008 (the effective date of
17		Public Act 95-464) that would qualify the accused as a child
18		sex offender as defined in Section 11-9.3 or 11-9.4 of the
19		Criminal Code of 1961 or the Criminal Code of 2012 shall
20		refrain from communicating with or contacting, by means of the
21		Internet, a person who is not related to the accused and whom
22		the accused reasonably believes to be under 18 years of age.
23		For purposes of this subsection (p), "Internet" has the meaning
24		ascribed to it in Section 16-0.1 of the Criminal Code of 2012;
25		and a person is not related to the accused if the person is
26		not: (i) the spouse, brother, or sister of the accused; (ii) a

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1		descendant of the accused; (iii) a first or second cousin of
2		the accused; or (iv) a step-child or adopted child of the
3		accused.
4		(q) An offender placed on supervision for an offense
5		committed on or after June 1, 2008 (the effective date of
6		Public Act 95-464) that would qualify the accused as a child
7		sex offender as defined in Section 11-9.3 or 11-9.4 of the
8		Criminal Code of 1961 or the Criminal Code of 2012 shall, if so
9		ordered by the court, refrain from communicating with or
10		contacting, by means of the Internet, a person who is related
11		to the accused and whom the accused reasonably believes to be
12		under 18 years of age. For purposes of this subsection (q),
13		"Internet" has the meaning ascribed to it in Section 16-0.1 of
14		the Criminal Code of 2012; and a person is related to the
15		accused if the person is: (i) the spouse, brother, or sister of
16		the accused; (ii) a descendant of the accused; (iii) a first or
17		second cousin of the accused; or (iv) a step-child or adopted
18		child of the accused.
19		(r) An offender placed on supervision for an offense under
20		Section 11-6, 11-9.1, 11-14.4 that involves soliciting for a
21		juvenile prostitute, 11-15.1, 11-20.1, 11-20.1B, 11-20.3, or
22		11-21 of the Criminal Code of 1961 or the Criminal Code of
23		2012, or any attempt to commit any of these offenses, committed
24		on or after the effective date of this amendatory Act of the
25		95th General Assembly shall:
26		(i) not access or use a computer or any other device

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1		with Internet capability without the prior written
2		approval of the court, except in connection with the
3		offender's employment or search for employment with the
4		prior approval of the court;
5		(ii) submit to periodic unannounced examinations of
6		the offender's computer or any other device with Internet
7		capability by the offender's probation officer, a law
8		enforcement officer, or assigned computer or information
9		technology specialist, including the retrieval and copying
10		of all data from the computer or device and any internal or
11		external peripherals and removal of such information,
12		equipment, or device to conduct a more thorough inspection;
13		(iii) submit to the installation on the offender's
14		computer or device with Internet capability, at the
15		offender's expense, of one or more hardware or software
16		systems to monitor the Internet use; and
17		(iv) submit to any other appropriate restrictions
18		concerning the offender's use of or access to a computer or
19		any other device with Internet capability imposed by the
20		court.
21		(s) An offender placed on supervision for an offense that
22		is a sex offense as defined in Section 2 of the Sex Offender
23		Registration Act that is committed on or after January 1, 2010
24		(the effective date of Public Act 96-362) that requires the
25		person to register as a sex offender under that Act, may not
26		knowingly use any computer scrub software on any computer that

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1		the sex offender uses.
2		(t) An offender placed on supervision for a sex offense as
3		defined in the Sex Offender Registration Act committed on or
4		after January 1, 2010 (the effective date of Public Act 96-262)
5		shall refrain from accessing or using a social networking
6		website as defined in Section 17-0.5 of the Criminal Code of
7		2012.
8		(u) Jurisdiction over an offender may be transferred from
9		the sentencing court to the court of another circuit with the
10		concurrence of both courts. Further transfers or retransfers of
11		jurisdiction are also authorized in the same manner. The court
12		to which jurisdiction has been transferred shall have the same
13		powers as the sentencing court. The probation department within
14		the circuit to which jurisdiction has been transferred may
15		impose probation fees upon receiving the transferred offender,
16		as provided in subsection (i). The probation department from
17		the original sentencing court shall retain all probation fees
18		collected prior to the transfer.
19		(Source: P.A. 97-454, eff. 1-1-12; 97-597, eff. 1-1-12;
20		97-1109, eff. 1-1-13; 97-1150, eff. 1-25-13; 98-718, eff.
21		1-1-15; 98-940, eff. 1-1-15; revised 10-1-14.)
22		(730 ILCS 5/5-7-1) (from Ch. 38, par. 1005-7-1)
23		Sec. 5-7-1. Sentence of Periodic Imprisonment.
24		(a) A sentence of periodic imprisonment is a sentence of
25		imprisonment during which the committed person may be released

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1		for periods of time during the day or night or for periods of
2		days, or both, or if convicted of a felony, other than first
3		degree murder, a Class X or Class 1 felony, committed to any
4		county, municipal, or regional correctional or detention
5		institution or facility in this State for such periods of time
6		as the court may direct. Unless the court orders otherwise, the
7		particular times and conditions of release shall be determined
8		by the Department of Corrections, the sheriff, or the
9		Superintendent of the house of corrections, who is
10		administering the program.
11		(b) A sentence of periodic imprisonment may be imposed to
12		permit the defendant to:
13		(1) seek employment;
14		(2) work;
15		(3) conduct a business or other self-employed
16		occupation including housekeeping;
17		(4) attend to family needs;
18		(5) attend an educational institution, including
19		vocational education;
20		(6) obtain medical or psychological treatment;
21		(7) perform work duties at a county, municipal, or
22		regional correctional or detention institution or
23		facility;
24		(8) continue to reside at home with or without
25		supervision involving the use of an approved electronic
26		monitoring device, subject to Article 8A of Chapter V; or

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1		(9) for any other purpose determined by the court.
2		(c) Except where prohibited by other provisions of this
3		Code, the court may impose a sentence of periodic imprisonment
4		for a felony or misdemeanor on a person who is 17 years of age
5		or older. The court shall not impose a sentence of periodic
6		imprisonment if it imposes a sentence of imprisonment upon the
7		defendant in excess of 90 days.
8		(d) A sentence of periodic imprisonment shall be for a
9		definite term of from 3 to 4 years for a Class 1 felony, 18 to
10		30 months for a Class 2 felony, and up to 18 months, or the
11		longest sentence of imprisonment that could be imposed for the
12		offense, whichever is less, for all other offenses; however, no
13		person shall be sentenced to a term of periodic imprisonment
14		longer than one year if he is committed to a county
15		correctional institution or facility, and in conjunction with
16		that sentence participate in a county work release program
17		comparable to the work and day release program provided for in
18		Article 13 of the Unified Code of Corrections in State
19		facilities. The term of the sentence shall be calculated upon
20		the basis of the duration of its term rather than upon the
21		basis of the actual days spent in confinement. No sentence of
22		periodic imprisonment shall be subject to the good time credit
23		provisions of Section 3-6-3 of this Code.
24		(e) When the court imposes a sentence of periodic
25		imprisonment, it shall state:
26		(1) the term of such sentence;

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1		(2) the days or parts of days which the defendant is to
2		be confined;
3		(3) the conditions.
4		(f) The court may issue an order of protection pursuant to
5		the Illinois Domestic Violence Act of 1986 as a condition of a
6		sentence of periodic imprisonment. The Illinois Domestic
7		Violence Act of 1986 shall govern the issuance, enforcement and
8		recording of orders of protection issued under this Section. A
9		copy of the order of protection shall be transmitted to the
10		person or agency having responsibility for the case.
11		(f-5) An offender sentenced to a term of periodic
12		imprisonment for a felony sex offense as defined in the Sex
13		Offender Management Board Act shall be required to undergo and
14		successfully complete sex offender treatment by a treatment
15		provider approved by the Board and conducted in conformance
16		with the standards developed under the Sex Offender Management
17		Board Act.
18		(g) An offender sentenced to periodic imprisonment who
19		undergoes mandatory drug or alcohol testing, or both, or is
20		assigned to be placed on an approved electronic monitoring
21		device, shall be ordered to pay the costs incidental to such
22		mandatory drug or alcohol testing, or both, and costs
23		incidental to such approved electronic monitoring in
24		accordance with the defendant's ability to pay those costs. The
25		county board with the concurrence of the Chief Judge of the
26		judicial circuit in which the county is located shall establish

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1		reasonable fees for the cost of maintenance, testing, and
2		incidental expenses related to the mandatory drug or alcohol
3		testing, or both, and all costs incidental to approved
4		electronic monitoring, of all offenders with a sentence of
5		periodic imprisonment. The concurrence of the Chief Judge shall
6		be in the form of an administrative order. The fees shall be
7		collected by the clerk of the circuit court. The clerk of the
8		circuit court shall pay all moneys collected from these fees to
9		the county treasurer who shall use the moneys collected to
10		defray the costs of drug testing, alcohol testing, and
11		electronic monitoring. The county treasurer shall deposit the
12		fees collected in the county working cash fund under Section
13		6-27001 or Section 6-29002 of the Counties Code, as the case
14		may be.
15		(h) All fees and costs imposed under this Section for any
16		violation of Chapters 3, 4, 6, and 11 of the Illinois Vehicle
17		Code, or a similar provision of a local ordinance, and any
18		violation of the Child Passenger Protection Act, or a similar
19		provision of a local ordinance, shall be collected and
20		disbursed by the circuit clerk as provided under Section 27.5
21		of the Clerks of Courts Act.
22		(i) A defendant at least 17 years of age who is convicted
23		of a misdemeanor or felony in a county of 3,000,000 or more
24		inhabitants and who has not been previously convicted of a
25		misdemeanor or a felony and who is sentenced to a term of
26		periodic imprisonment may as a condition of his or her sentence

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1		be required by the court to attend educational courses designed
2		to prepare the defendant for a high school diploma and to work
3		toward receiving a high school diploma or to work toward
4		passing high school equivalency testing or to work toward
5		completing a vocational training program approved by the court.
6		The defendant sentenced to periodic imprisonment must attend a
7		public institution of education to obtain the educational or
8		vocational training required by this subsection (i). The
9		defendant sentenced to a term of periodic imprisonment shall be
10		required to pay for the cost of the educational courses or high
11		school equivalency testing if a fee is charged for those
12		courses or testing. The court shall revoke the sentence of
13		periodic imprisonment of the defendant who wilfully fails to
14		comply with this subsection (i). The court shall resentence the
15		defendant whose sentence of periodic imprisonment has been
16		revoked as provided in Section 5-7-2. This subsection (i) does
17		not apply to a defendant who has a high school diploma or has
18		successfully passed high school equivalency testing. This
19		subsection (i) does not apply to a defendant who is determined
20		by the court to be a person with a developmental disability
21		developmentally disabled or otherwise mentally incapable of
22		completing the educational or vocational program.
23		(Source: P.A. 98-718, eff. 1-1-15.)
24		Section 915. The Code of Civil Procedure is amended by
25		changing Section 13-114 as follows:

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1		(735 ILCS 5/13-114) (from Ch. 110, par. 13-114)
2		Sec. 13-114. Seventy-five year limitation. No deed, will,
3		estate, proof of heirship, plat, affidavit or other instrument
4		or document, or any court proceeding, order or judgment, or any
5		agreement, written or unwritten, sealed or unsealed, or any
6		fact, event, or statement, or any part or copy of any of the
7		foregoing, relating to or affecting the title to real estate in
8		the State of Illinois, which happened, was administered, or was
9		executed, dated, delivered, recorded or entered into more than
10		75 years prior to July 1, 1872, or such subsequent date as the
11		same is offered, presented, urged, claimed, asserted, or
12		appears against any person hereafter becoming interested in the
13		title to any real estate, or to any agent or attorney thereof,
14		shall adversely to the party or parties hereafter coming into
15		possession of such real estate under claim or color of title or
16		persons claiming under him, her or them, constitute notice,
17		either actual or constructive of any right, title, interest or
18		claim in and to such real estate, or any part thereof, or be,
19		or be considered to be evidence or admissible in evidence or be
20		held or urged to make any title unmarketable in part or in
21		whole, or be required or allowed to be alleged or proved as a
22		basis for any action, or any statutory proceeding affecting
23		directly or indirectly the title to such real estate.
24		The limitation of this Section, however, shall be deferred
25		from and after the expiration of such 75 year period for an

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1		additional period of 10 years, if a claim in writing in and to
2		real estate therein particularly described, incorporating the
3		terms or substance of any such deed, will, estate, proof of
4		heirship, plat, affidavit, or other instrument or document, or
5		any court proceeding, order or judgment or any agreement,
6		written or unwritten, sealed or unsealed, or any fact, event or
7		statement, or any part or copy thereof in such claim, is filed
8		in the office of the recorder in the county or counties in
9		which such real estate is located:
10		1. within 3 years prior to the expiration of such 75 year
11		period; or
12		2. after the expiration of such 75 year period, by a minor
13		or a claimant under a legal disability who became under such
14		disability during such 75 year period and within 2 years after
15		the disability of such minor or of the claimant a under legal
16		disability has been removed; or
17		3. after the expiration of such 75 year period, by a
18		guardian of a minor or person who was determined by a court to
19		be under a legal disability became legally disabled during such
20		75 year period and within 2 years after such guardian has been
21		appointed for such minor or person under a legal disability.
22		The provisions of this Section shall not apply to or
23		operate against the United States of America or the State of
24		Illinois or any other state of the United States of America; or
25		as to real estate held for a public purpose by any municipality
26		or other political subdivision of the State of Illinois; or

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1		against any person under whom the party or parties in
2		possession during the period herein permitted for reassertion
3		of title claim by lease or other privity of contract; or
4		against any person who during the entire period herein
5		permitted for reassertion of title, or prior thereto, has not
6		had the right to sue for and protect his or her claim, interest
7		or title.
8		(Source: P.A. 83-1362.)
9		Section 920. The Crime Victims Compensation Act is amended
10		by changing Section 6.1 as follows:
11		(740 ILCS 45/6.1) (from Ch. 70, par. 76.1)
12		Sec. 6.1. Right to compensation. A person is entitled to
13		compensation under this Act if:
14		(a) Within 2 years of the occurrence of the crime, or
15		within one year after a criminal charge of a person for an
16		offense, upon which the claim is based, he files an
17		application, under oath, with the Court of Claims and on a
18		form prescribed in accordance with Section 7.1 furnished by
19		the Attorney General. If the person entitled to
20		compensation is under 18 years of age or under other legal
21		disability at the time of the occurrence or is determined
22		by a court to be under a legal disability becomes legally
23		disabled as a result of the occurrence, he may file the
24		application required by this subsection within 2 years

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1		after he attains the age of 18 years or the disability is
2		removed, as the case may be. Legal disability includes a
3		diagnosis of posttraumatic stress disorder.
4		(b) For all crimes of violence, except those listed in
5		subsection (b-1) of this Section, the appropriate law
6		enforcement officials were notified within 72 hours of the
7		perpetration of the crime allegedly causing the death or
8		injury to the victim or, in the event such notification was
9		made more than 72 hours after the perpetration of the
10		crime, the applicant establishes that such notice was
11		timely under the circumstances.
12		(b-1) For victims of offenses defined in Sections
13		11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 12-13, 12-14,
14		12-14.1, 12-15, and 12-16 of the Criminal Code of 1961 or
15		the Criminal Code of 2012, the appropriate law enforcement
16		officials were notified within 7 days of the perpetration
17		of the crime allegedly causing death or injury to the
18		victim or, in the event that the notification was made more
19		than 7 days after the perpetration of the crime, the
20		applicant establishes that the notice was timely under the
21		circumstances. If the applicant or victim has obtained an
22		order of protection, a civil no contact order, or a
23		stalking no contact order, or has presented himself or
24		herself to a hospital for sexual assault evidence
25		collection and medical care, such action shall constitute
26		appropriate notification under this subsection (b-1) or

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1		subsection (b) of this Section.
2		(c) The applicant has cooperated with law enforcement
3		officials in the apprehension and prosecution of the
4		assailant. If the applicant or victim has obtained an order
5		of protection, a civil no contact order, or a stalking no
6		contact order or has presented himself or herself to a
7		hospital for sexual assault evidence collection and
8		medical care, such action shall constitute cooperation
9		under this subsection (c).
10		(d) The applicant is not the offender or an accomplice
11		of the offender and the award would not unjustly benefit
12		the offender or his accomplice.
13		(e) The injury to or death of the victim was not
14		substantially attributable to his own wrongful act and was
15		not substantially provoked by the victim.
16		(f) For victims of offenses defined in Section 10-9 of
17		the Criminal Code of 2012, the victim submits a statement
18		under oath on a form prescribed by the Attorney General
19		attesting that the removed tattoo was applied in connection
20		with the commission of the offense.
21		(Source: P.A. 97-817, eff. 1-1-13; 97-1150, eff. 1-25-13;
22		98-435, eff. 1-1-14.)
23		Section 925. The Mental Health and Developmental
24		Disabilities Confidentiality Act is amended by changing
25		Sections 4 and 12 as follows:

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1		(740 ILCS 110/4) (from Ch. 91 1/2, par. 804)
2		Sec. 4. (a) The following persons shall be entitled, upon
3		request, to inspect and copy a recipient's record or any part
4		thereof:
5		(1) the parent or guardian of a recipient who is under
6		12 years of age;
7		(2) the recipient if he is 12 years of age or older;
8		(3) the parent or guardian of a recipient who is at
9		least 12 but under 18 years, if the recipient is informed
10		and does not object or if the therapist does not find that
11		there are compelling reasons for denying the access. The
12		parent or guardian who is denied access by either the
13		recipient or the therapist may petition a court for access
14		to the record. Nothing in this paragraph is intended to
15		prohibit the parent or guardian of a recipient who is at
16		least 12 but under 18 years from requesting and receiving
17		the following information: current physical and mental
18		condition, diagnosis, treatment needs, services provided,
19		and services needed, including medication, if any;
20		(4) the guardian of a recipient who is 18 years or
21		older;
22		(5) an attorney or guardian ad litem who represents a
23		minor 12 years of age or older in any judicial or
24		administrative proceeding, provided that the court or
25		administrative hearing officer has entered an order

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1		granting the attorney this right;
2		(6) an agent appointed under a recipient's power of
3		attorney for health care or for property, when the power of
4		attorney authorizes the access;
5		(7) an attorney-in-fact appointed under the Mental
6		Health Treatment Preference Declaration Act; or
7		(8) any person in whose care and custody the recipient
8		has been placed pursuant to Section 3-811 of the Mental
9		Health and Developmental Disabilities Code.
10		(b) Assistance in interpreting the record may be provided
11		without charge and shall be provided if the person inspecting
12		the record is under 18 years of age. However, access may in no
13		way be denied or limited if the person inspecting the record
14		refuses the assistance. A reasonable fee may be charged for
15		duplication of a record. However, when requested to do so in
16		writing by any indigent recipient, the custodian of the records
17		shall provide at no charge to the recipient, or to the
18		Guardianship and Advocacy Commission, the agency designated by
19		the Governor under Section 1 of the Protection and Advocacy for
20		Persons with Developmental Disabilities Developmentally
21		Disabled Persons Act or to any other not-for-profit agency
22		whose primary purpose is to provide free legal services or
23		advocacy for the indigent and who has received written
24		authorization from the recipient under Section 5 of this Act to
25		receive his records, one copy of any records in its possession
26		whose disclosure is authorized under this Act.

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1		(c) Any person entitled to access to a record under this
2		Section may submit a written statement concerning any disputed
3		or new information, which statement shall be entered into the
4		record. Whenever any disputed part of a record is disclosed,
5		any submitted statement relating thereto shall accompany the
6		disclosed part. Additionally, any person entitled to access may
7		request modification of any part of the record which he
8		believes is incorrect or misleading. If the request is refused,
9		the person may seek a court order to compel modification.
10		(d) Whenever access or modification is requested, the
11		request and any action taken thereon shall be noted in the
12		recipient's record.
13		(Source: P.A. 96-1399, eff. 7-29-10; 96-1453, eff. 8-20-10.)
14		(740 ILCS 110/12) (from Ch. 91 1/2, par. 812)
15		Sec. 12. (a) If the United States Secret Service or the
16		Department of State Police requests information from a mental
17		health or developmental disability facility, as defined in
18		Section 1-107 and 1-114 of the Mental Health and Developmental
19		Disabilities Code, relating to a specific recipient and the
20		facility director determines that disclosure of such
21		information may be necessary to protect the life of, or to
22		prevent the infliction of great bodily harm to, a public
23		official, or a person under the protection of the United States
24		Secret Service, only the following information may be
25		disclosed: the recipient's name, address, and age and the date

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1		of any admission to or discharge from a facility; and any
2		information which would indicate whether or not the recipient
3		has a history of violence or presents a danger of violence to
4		the person under protection. Any information so disclosed shall
5		be used for investigative purposes only and shall not be
6		publicly disseminated. Any person participating in good faith
7		in the disclosure of such information in accordance with this
8		provision shall have immunity from any liability, civil,
9		criminal or otherwise, if such information is disclosed relying
10		upon the representation of an officer of the United States
11		Secret Service or the Department of State Police that a person
12		is under the protection of the United States Secret Service or
13		is a public official.
14		For the purpose of this subsection (a), the term "public
15		official" means the Governor, Lieutenant Governor, Attorney
16		General, Secretary of State, State Comptroller, State
17		Treasurer, member of the General Assembly, member of the United
18		States Congress, Judge of the United States as defined in 28
19		U.S.C. 451, Justice of the United States as defined in 28
20		U.S.C. 451, United States Magistrate Judge as defined in 28
21		U.S.C. 639, Bankruptcy Judge appointed under 28 U.S.C. 152, or
22		Supreme, Appellate, Circuit, or Associate Judge of the State of
23		Illinois. The term shall also include the spouse, child or
24		children of a public official.
25		(b) The Department of Human Services (acting as successor
26		to the Department of Mental Health and Developmental

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1		Disabilities) and all public or private hospitals and mental
2		health facilities are required, as hereafter described in this
3		subsection, to furnish the Department of State Police only such
4		information as may be required for the sole purpose of
5		determining whether an individual who may be or may have been a
6		patient is disqualified because of that status from receiving
7		or retaining a Firearm Owner's Identification Card or falls
8		within the federal prohibitors under subsection (e), (f), (g),
9		(r), (s), or (t) of Section 8 of the Firearm Owners
10		Identification Card Act, or falls within the federal
11		prohibitors in 18 U.S.C. 922(g) and (n). All physicians,
12		clinical psychologists, or qualified examiners at public or
13		private mental health facilities or parts thereof as defined in
14		this subsection shall, in the form and manner required by the
15		Department, provide notice directly to the Department of Human
16		Services, or to his or her employer who shall then report to
17		the Department, within 24 hours after determining that a
18		patient as described in clause (2) of the definition of
19		"patient" in Section 1.1 of the Firearm Owners Identification
20		Card Act poses a clear and present danger to himself, herself,
21		or others, or is determined to be a person with a developmental
22		disability developmentally disabled. This information shall be
23		furnished within 24 hours after the physician, clinical
24		psychologist, or qualified examiner has made a determination,
25		or within 7 days after admission to a public or private
26		hospital or mental health facility or the provision of services

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1		to a patient described in clause (1) of the definition of
2		"patient" in Section 1.1 of the Firearm Owners Identification
3		Card Act. Any such information disclosed under this subsection
4		shall remain privileged and confidential, and shall not be
5		redisclosed, except as required by subsection (e) of Section
6		3.1 of the Firearm Owners Identification Card Act, nor utilized
7		for any other purpose. The method of requiring the providing of
8		such information shall guarantee that no information is
9		released beyond what is necessary for this purpose. In
10		addition, the information disclosed shall be provided by the
11		Department within the time period established by Section 24-3
12		of the Criminal Code of 2012 regarding the delivery of
13		firearms. The method used shall be sufficient to provide the
14		necessary information within the prescribed time period, which
15		may include periodically providing lists to the Department of
16		Human Services or any public or private hospital or mental
17		health facility of Firearm Owner's Identification Card
18		applicants on which the Department or hospital shall indicate
19		the identities of those individuals who are to its knowledge
20		disqualified from having a Firearm Owner's Identification Card
21		for reasons described herein. The Department may provide for a
22		centralized source of information for the State on this subject
23		under its jurisdiction. The identity of the person reporting
24		under this subsection shall not be disclosed to the subject of
25		the report. For the purposes of this subsection, the physician,
26		clinical psychologist, or qualified examiner making the

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1		determination and his or her employer shall not be held
2		criminally, civilly, or professionally liable for making or not
3		making the notification required under this subsection, except
4		for willful or wanton misconduct.
5		Any person, institution, or agency, under this Act,
6		participating in good faith in the reporting or disclosure of
7		records and communications otherwise in accordance with this
8		provision or with rules, regulations or guidelines issued by
9		the Department shall have immunity from any liability, civil,
10		criminal or otherwise, that might result by reason of the
11		action. For the purpose of any proceeding, civil or criminal,
12		arising out of a report or disclosure in accordance with this
13		provision, the good faith of any person, institution, or agency
14		so reporting or disclosing shall be presumed. The full extent
15		of the immunity provided in this subsection (b) shall apply to
16		any person, institution or agency that fails to make a report
17		or disclosure in the good faith belief that the report or
18		disclosure would violate federal regulations governing the
19		confidentiality of alcohol and drug abuse patient records
20		implementing 42 U.S.C. 290dd-3 and 290ee-3.
21		For purposes of this subsection (b) only, the following
22		terms shall have the meaning prescribed:
23		(1) (Blank).
24		(1.3) "Clear and present danger" has the meaning as
25		defined in Section 1.1 of the Firearm Owners Identification
26		Card Act.

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1		(1.5) "Person with a developmental disability"
2		Developmentally disabled" has the meaning as defined in
3		Section 1.1 of the Firearm Owners Identification Card Act.
4		(2) "Patient" has the meaning as defined in Section 1.1
5		of the Firearm Owners Identification Card Act.
6		(3) "Mental health facility" has the meaning as defined
7		in Section 1.1 of the Firearm Owners Identification Card
8		Act.
9		(c) Upon the request of a peace officer who takes a person
10		into custody and transports such person to a mental health or
11		developmental disability facility pursuant to Section 3-606 or
12		4-404 of the Mental Health and Developmental Disabilities Code
13		or who transports a person from such facility, a facility
14		director shall furnish said peace officer the name, address,
15		age and name of the nearest relative of the person transported
16		to or from the mental health or developmental disability
17		facility. In no case shall the facility director disclose to
18		the peace officer any information relating to the diagnosis,
19		treatment or evaluation of the person's mental or physical
20		health.
21		For the purposes of this subsection (c), the terms "mental
22		health or developmental disability facility", "peace officer"
23		and "facility director" shall have the meanings ascribed to
24		them in the Mental Health and Developmental Disabilities Code.
25		(d) Upon the request of a peace officer or prosecuting
26		authority who is conducting a bona fide investigation of a

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1		criminal offense, or attempting to apprehend a fugitive from
2		justice, a facility director may disclose whether a person is
3		present at the facility. Upon request of a peace officer or
4		prosecuting authority who has a valid forcible felony warrant
5		issued, a facility director shall disclose: (1) whether the
6		person who is the subject of the warrant is present at the
7		facility and (2) the date of that person's discharge or future
8		discharge from the facility. The requesting peace officer or
9		prosecuting authority must furnish a case number and the
10		purpose of the investigation or an outstanding arrest warrant
11		at the time of the request. Any person, institution, or agency
12		participating in good faith in disclosing such information in
13		accordance with this subsection (d) is immune from any
14		liability, civil, criminal or otherwise, that might result by
15		reason of the action.
16		(Source: P.A. 97-1150, eff. 1-25-13; 98-63, eff. 7-9-13.)
17		Section 930. The Sports Volunteer Immunity Act is amended
18		by changing Section 1 as follows:
19		(745 ILCS 80/1) (from Ch. 70, par. 701)
20		Sec. 1. Manager, coach, umpire or referee negligence
21		standard.
22		(a) General rule. Except as provided otherwise in this
23		Section, no person who, without compensation and as a
24		volunteer, renders services as a manager, coach, instructor,

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1		umpire or referee or who, without compensation and as a
2		volunteer, assists a manager, coach, instructor, umpire or
3		referee in a sports program of a nonprofit association, shall
4		be liable to any person for any civil damages as a result of
5		any acts or omissions in rendering such services or in
6		conducting or sponsoring such sports program, unless the
7		conduct of such person falls substantially below the standards
8		generally practiced and accepted in like circumstances by
9		similar persons rendering such services or conducting or
10		sponsoring such sports programs, and unless it is shown that
11		such person did an act or omitted the doing of an act which
12		such person was under a recognized duty to another to do,
13		knowing or having reason to know that such act or omission
14		created a substantial risk of actual harm to the person or
15		property of another. It shall be insufficient to impose
16		liability to establish only that the conduct of such person
17		fell below ordinary standards of care.
18		(b) Exceptions.
19		(1) Nothing in this Section shall be construed as
20		affecting or modifying the liability of such person or a
21		nonprofit association for any of the following:
22		(i) Acts or omissions relating to the
23		transportation of participants in a sports program or
24		others to or from a game, event or practice.
25		(ii) Acts or omissions relating to the care and
26		maintenance of real estate unrelated to the practice or

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1		playing areas which such persons or nonprofit
2		associations own, possess or control.
3		(2) Nothing in this Section shall be construed as
4		affecting or modifying any existing legal basis for
5		determining the liability, or any defense thereto, of any
6		person not covered by the standard of negligence
7		established by this Section.
8		(c) Assumption of risk or comparative fault. Nothing in
9		this Section shall be construed as affecting or modifying the
10		doctrine of assumption of risk or comparative fault on the part
11		of the participant.
12		(d) Definitions. As used in this Act the following words
13		and phrases shall have the meanings given to them in this
14		subsection:
15		"Compensation" means any payment for services performed
16		but does not include reimbursement for reasonable expenses
17		actually incurred or to be incurred or, solely in the case of
18		umpires or referees, a modest honorarium.
19		"Nonprofit association" means an entity which is organized
20		as a not-for-profit corporation under the laws of this State or
21		the United States or a nonprofit unincorporated association or
22		any entity which is authorized to do business in this State as
23		a not-for-profit corporation under the laws of this State,
24		including, but not limited to, youth or athletic associations,
25		volunteer fire, ambulance, religious, charitable, fraternal,
26		veterans, civic, county fair or agricultural associations, or

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1		any separately chartered auxiliary of the foregoing, if
2		organized and operated on a nonprofit basis.
3		"Sports program" means baseball (including softball),
4		football, basketball, soccer or any other competitive sport
5		formally recognized as a sport by the United States Olympic
6		Committee as specified by and under the jurisdiction of the
7		Amateur Sports Act of 1978 (36 U.S.C. 371 et seq.), the Amateur
8		Athletic Union or the National Collegiate Athletic
9		Association. The term shall be limited to a program or that
10		portion of a program that is organized for recreational
11		purposes and whose activities are substantially for such
12		purposes and which is primarily for participants who are 18
13		years of age or younger or whose 19th birthday occurs during
14		the year of participation or the competitive season, whichever
15		is longer. There shall, however, be no age limitation for
16		programs operated for persons with physical or intellectual
17		disabilities the physically handicapped or intellectually
18		disabled.
19		(e) Nothing in this Section is intended to bar any cause of
20		action against a nonprofit association or change the liability
21		of such an association which arises out of an act or omission
22		of any person exempt from liability under this Act.
23		(Source: P.A. 97-227, eff. 1-1-12.)
24		Section 935. The Predator Accountability Act is amended by
25		changing Section 10 as follows:

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1		(740 ILCS 128/10)
2		Sec. 10. Definitions. As used in this Act:
3		"Sex trade" means any act, which if proven beyond a
4		reasonable doubt could support a conviction for a violation or
5		attempted violation of any of the following Sections of the
6		Criminal Code of 1961 or the Criminal Code of 2012: 11-14.3
7		(promoting prostitution); 11-14.4 (promoting juvenile
8		prostitution); 11-15 (soliciting for a prostitute); 11-15.1
9		(soliciting for a juvenile prostitute); 11-16 (pandering);
10		11-17 (keeping a place of prostitution); 11-17.1 (keeping a
11		place of juvenile prostitution); 11-19 (pimping); 11-19.1
12		(juvenile pimping and aggravated juvenile pimping); 11-19.2
13		(exploitation of a child); 11-20 (obscenity); 11-20.1 (child
14		pornography); or 11-20.1B or 11-20.3 (aggravated child
15		pornography); or Section 10-9 (trafficking in persons and
16		involuntary servitude).
17		"Sex trade" activity may involve adults and youth of all
18		genders and sexual orientations.
19		"Victim of the sex trade" means, for the following sex
20		trade acts, the person or persons indicated:
21		(1) soliciting for a prostitute: the prostitute who is
22		the object of the solicitation;
23		(2) soliciting for a juvenile prostitute: the juvenile
24		prostitute, or person with a severe or profound
25		intellectual disability severely or profoundly

HB4049 Engrossed - 1800 - LRB099 03667 KTG 23678 b
1		intellectually disabled person, who is the object of the
2		solicitation;
3		(3) promoting prostitution as described in subdivision
4		(a)(2)(A) or (a)(2)(B) of Section 11-14.3 of the Criminal
5		Code of 1961 or the Criminal Code of 2012, or pandering:
6		the person intended or compelled to act as a prostitute;
7		(4) keeping a place of prostitution: any person
8		intended or compelled to act as a prostitute, while present
9		at the place, during the time period in question;
10		(5) keeping a place of juvenile prostitution: any
11		juvenile intended or compelled to act as a prostitute,
12		while present at the place, during the time period in
13		question;
14		(6) promoting prostitution as described in subdivision
15		(a)(2)(C) of Section 11-14.3 of the Criminal Code of 1961
16		or the Criminal Code of 2012, or pimping: the prostitute
17		from whom anything of value is received;
18		(7) promoting juvenile prostitution as described in
19		subdivision (a)(2) or (a)(3) of Section 11-14.4 of the
20		Criminal Code of 1961 or the Criminal Code of 2012, or
21		juvenile pimping and aggravated juvenile pimping: the
22		juvenile, or person with a severe or profound intellectual
23		disability severely or profoundly intellectually disabled
24		person, from whom anything of value is received for that
25		person's act of prostitution;
26		(8) promoting juvenile prostitution as described in

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1		subdivision (a)(4) of Section 11-14.4 of the Criminal Code
2		of 1961 or the Criminal Code of 2012, or exploitation of a
3		child: the juvenile, or person with a severe or profound
4		intellectual disability severely or profoundly
5		intellectually disabled person, intended or compelled to
6		act as a prostitute or from whom anything of value is
7		received for that person's act of prostitution;
8		(9) obscenity: any person who appears in or is
9		described or depicted in the offending conduct or material;
10		(10) child pornography or aggravated child
11		pornography: any child, or person with a severe or profound
12		intellectual disability severely or profoundly
13		intellectually disabled person, who appears in or is
14		described or depicted in the offending conduct or material;
15		or
16		(11) trafficking of persons or involuntary servitude:
17		a "trafficking victim" as defined in Section 10-9 of the
18		Criminal Code of 1961 or the Criminal Code of 2012.
19		(Source: P.A. 96-710, eff. 1-1-10; 96-1551, eff. 7-1-11;
20		97-227, eff. 1-1-12; 97-897, eff. 1-1-13; 97-1109, eff. 1-1-13;
21		97-1150, eff. 1-25-13.)
22		Section 940. The Illinois Marriage and Dissolution of
23		Marriage Act is amended by changing Sections 216, 513, 601, and
24		607 as follows:

HB4049 Engrossed - 1802 - LRB099 03667 KTG 23678 b
1		(750 ILCS 5/216) (from Ch. 40, par. 216)
2		Sec. 216. Prohibited Marriages Void if Contracted in
3		Another State.) That if any person residing and intending to
4		continue to reside in this state and who is a person with a
5		disability disabled or prohibited from contracting marriage
6		under the laws of this state, shall go into another state or
7		country and there contract a marriage prohibited and declared
8		void by the laws of this state, such marriage shall be null and
9		void for all purposes in this state with the same effect as
10		though such prohibited marriage had been entered into in this
11		state.
12		(Source: P.A. 80-923.)
13		(750 ILCS 5/513) (from Ch. 40, par. 513)
14		Sec. 513. Support for Non-minor Children and Educational
15		Expenses.
16		(a) The court may award sums of money out of the property
17		and income of either or both parties or the estate of a
18		deceased parent, as equity may require, for the support of the
19		child or children of the parties who have attained majority in
20		the following instances:
21		(1) When the child is a person with a mental or
22		physical disability mentally or physically disabled and
23		not otherwise emancipated, an application for support may
24		be made before or after the child has attained majority.
25		(2) The court may also make provision for the

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1		educational expenses of the child or children of the
2		parties, whether of minor or majority age, and an
3		application for educational expenses may be made before or
4		after the child has attained majority, or after the death
5		of either parent. The authority under this Section to make
6		provision for educational expenses extends not only to
7		periods of college education or professional or other
8		training after graduation from high school, but also to any
9		period during which the child of the parties is still
10		attending high school, even though he or she attained the
11		age of 19. The educational expenses may include, but shall
12		not be limited to, room, board, dues, tuition,
13		transportation, books, fees, registration and application
14		costs, medical expenses including medical insurance,
15		dental expenses, and living expenses during the school year
16		and periods of recess, which sums may be ordered payable to
17		the child, to either parent, or to the educational
18		institution, directly or through a special account or trust
19		created for that purpose, as the court sees fit.
20		If educational expenses are ordered payable, each
21		parent and the child shall sign any consents necessary for
22		the educational institution to provide the supporting
23		parent with access to the child's academic transcripts,
24		records, and grade reports. The consents shall not apply to
25		any non-academic records. Failure to execute the required
26		consent may be a basis for a modification or termination of

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1		any order entered under this Section. Unless the court
2		specifically finds that the child's safety would be
3		jeopardized, each parent is entitled to know the name of
4		the educational institution the child attends. This
5		amendatory Act of the 95th General Assembly applies to all
6		orders entered under this paragraph (2) on or after the
7		effective date of this amendatory Act of the 95th General
8		Assembly.
9		The authority under this Section to make provision for
10		educational expenses, except where the child is a person
11		with a mental or physical disability mentally or physically
12		disabled and not otherwise emancipated, terminates when
13		the child receives a baccalaureate degree.
14		(b) In making awards under paragraph (1) or (2) of
15		subsection (a), or pursuant to a petition or motion to
16		decrease, modify, or terminate any such award, the court shall
17		consider all relevant factors that appear reasonable and
18		necessary, including:
19		(1) The financial resources of both parents.
20		(2) The standard of living the child would have enjoyed
21		had the marriage not been dissolved.
22		(3) The financial resources of the child.
23		(4) The child's academic performance.
24		(Source: P.A. 95-954, eff. 8-29-08.)
25		(750 ILCS 5/601) (from Ch. 40, par. 601)

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1		Sec. 601. Jurisdiction; Commencement of Proceeding.
2		(a) A court of this State competent to decide child custody
3		matters has jurisdiction to make a child custody determination
4		in original or modification proceedings as provided in Section
5		201 of the Uniform Child-Custody Jurisdiction and Enforcement
6		Act as adopted by this State.
7		(b) A child custody proceeding is commenced in the court:
8		(1) by a parent, by filing a petition:
9		(i) for dissolution of marriage or legal
10		separation or declaration of invalidity of marriage;
11		or
12		(ii) for custody of the child, in the county in
13		which he is permanently resident or found;
14		(2) by a person other than a parent, by filing a
15		petition for custody of the child in the county in which he
16		is permanently resident or found, but only if he is not in
17		the physical custody of one of his parents; or
18		(3) by a stepparent, by filing a petition, if all of
19		the following circumstances are met:
20		(A) the child is at least 12 years old;
21		(B) the custodial parent and stepparent were
22		married for at least 5 years during which the child
23		resided with the parent and stepparent;
24		(C) the custodial parent is deceased or is a person
25		with a disability disabled and cannot perform the
26		duties of a parent to the child;

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1		(D) the stepparent provided for the care, control,
2		and welfare to the child prior to the initiation of
3		custody proceedings;
4		(E) the child wishes to live with the stepparent;
5		and
6		(F) it is alleged to be in the best interests and
7		welfare of the child to live with the stepparent as
8		provided in Section 602 of this Act; or .
9		(4) when When one of the parents is deceased, by a
10		grandparent who is a parent or stepparent of a deceased
11		parent, by filing a petition, if one or more of the
12		following existed at the time of the parent's death:
13		(A) the surviving parent had been absent from the
14		marital abode for more than one month without the
15		deceased spouse knowing his or her whereabouts;
16		(B) the surviving parent was in State or federal
17		custody; or
18		(C) the surviving parent had: (i) received
19		supervision for or been convicted of any violation of
20		Section 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60,
21		11-1.70, 12C-5, 12C-10, 12C-35, 12C-40, 12C-45, 18-6,
22		19-6, or Article 12 of the Criminal Code of 1961 or the
23		Criminal Code of 2012 directed towards the deceased
24		parent or the child; or (ii) received supervision or
25		been convicted of violating an order of protection
26		entered under Section 217, 218, or 219 of the Illinois

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1		Domestic Violence Act of 1986 for the protection of the
2		deceased parent or the child.
3		(c) Notice of a child custody proceeding, including an
4		action for modification of a previous custody order, shall be
5		given to the child's parents, guardian and custodian, who may
6		appear, be heard, and file a responsive pleading. The court,
7		upon showing of good cause, may permit intervention of other
8		interested parties.
9		(d) Proceedings for modification of a previous custody
10		order commenced more than 30 days following the entry of a
11		previous custody order must be initiated by serving a written
12		notice and a copy of the petition for modification upon the
13		child's parent, guardian and custodian at least 30 days prior
14		to hearing on the petition. Nothing in this Section shall
15		preclude a party in custody modification proceedings from
16		moving for a temporary order under Section 603 of this Act.
17		(e) (Blank).
18		(f) The court shall, at the court's discretion or upon the
19		request of any party entitled to petition for custody of the
20		child, appoint a guardian ad litem to represent the best
21		interest of the child for the duration of the custody
22		proceeding or for any modifications of any custody orders
23		entered. Nothing in this Section shall be construed to prevent
24		the court from appointing the same guardian ad litem for 2 or
25		more children that are siblings or half-siblings.
26		(Source: P.A. 97-1150, eff. 1-25-13; revised 12-10-14.)

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1		(750 ILCS 5/607) (from Ch. 40, par. 607)
2		Sec. 607. Visitation.
3		(a) A parent not granted custody of the child is entitled
4		to reasonable visitation rights unless the court finds, after a
5		hearing, that visitation would endanger seriously the child's
6		physical, mental, moral or emotional health. If the custodian's
7		street address is not identified, pursuant to Section 708, the
8		court shall require the parties to identify reasonable
9		alternative arrangements for visitation by a non-custodial
10		parent, including but not limited to visitation of the minor
11		child at the residence of another person or at a local public
12		or private facility.
13		(1) "Visitation" means in-person time spent between a
14		child and the child's parent. In appropriate
15		circumstances, it may include electronic communication
16		under conditions and at times determined by the court.
17		(2) "Electronic communication" means time that a
18		parent spends with his or her child during which the child
19		is not in the parent's actual physical custody, but which
20		is facilitated by the use of communication tools such as
21		the telephone, electronic mail, instant messaging, video
22		conferencing or other wired or wireless technologies via
23		the Internet, or another medium of communication.
24		(a-3) Grandparents, great-grandparents, and siblings of a
25		minor child, who is one year old or older, have standing to

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1		bring an action in circuit court by petition, requesting
2		visitation in accordance with this Section. The term "sibling"
3		in this Section means a brother, sister, stepbrother, or
4		stepsister of the minor child. Grandparents,
5		great-grandparents, and siblings also have standing to file a
6		petition for visitation and any electronic communication
7		rights in a pending dissolution proceeding or any other
8		proceeding that involves custody or visitation issues,
9		requesting visitation in accordance with this Section. A
10		petition for visitation with a child by a person other than a
11		parent must be filed in the county in which the child resides.
12		Nothing in this subsection (a-3) and subsection (a-5) of this
13		Section shall apply to a child in whose interests a petition is
14		pending under Section 2-13 of the Juvenile Court Act of 1987 or
15		a petition to adopt an unrelated child is pending under the
16		Adoption Act.
17		(a-5)(1) Except as otherwise provided in this subsection
18		(a-5), any grandparent, great-grandparent, or sibling may file
19		a petition for visitation rights to a minor child if there is
20		an unreasonable denial of visitation by a parent and at least
21		one of the following conditions exists:
22		(A) (Blank);
23		(A-5) the child's other parent is deceased or has been
24		missing for at least 3 months. For the purposes of this
25		Section a parent is considered to be missing if the
26		parent's location has not been determined and the parent

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1		has been reported as missing to a law enforcement agency;
2		(A-10) a parent of the child is incompetent as a matter
3		of law;
4		(A-15) a parent has been incarcerated in jail or prison
5		during the 3 month period preceding the filing of the
6		petition;
7		(B) the child's mother and father are divorced or have
8		been legally separated from each other or there is pending
9		a dissolution proceeding involving a parent of the child or
10		another court proceeding involving custody or visitation
11		of the child (other than any adoption proceeding of an
12		unrelated child) and at least one parent does not object to
13		the grandparent, great-grandparent, or sibling having
14		visitation with the child. The visitation of the
15		grandparent, great-grandparent, or sibling must not
16		diminish the visitation of the parent who is not related to
17		the grandparent, great-grandparent, or sibling seeking
18		visitation;
19		(C) (Blank);
20		(D) the child is born out of wedlock, the parents are
21		not living together, and the petitioner is a maternal
22		grandparent, great-grandparent, or sibling of the child
23		born out of wedlock; or
24		(E) the child is born out of wedlock, the parents are
25		not living together, the petitioner is a paternal
26		grandparent, great-grandparent, or sibling, and the

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1		paternity has been established by a court of competent
2		jurisdiction.
3		(2) Any visitation rights granted pursuant to this Section
4		before the filing of a petition for adoption of a child shall
5		automatically terminate by operation of law upon the entry of
6		an order terminating parental rights or granting the adoption
7		of the child, whichever is earlier. If the person or persons
8		who adopted the child are related to the child, as defined by
9		Section 1 of the Adoption Act, any person who was related to
10		the child as grandparent, great-grandparent, or sibling prior
11		to the adoption shall have standing to bring an action pursuant
12		to this Section requesting visitation with the child.
13		(3) In making a determination under this subsection (a-5),
14		there is a rebuttable presumption that a fit parent's actions
15		and decisions regarding grandparent, great-grandparent, or
16		sibling visitation are not harmful to the child's mental,
17		physical, or emotional health. The burden is on the party
18		filing a petition under this Section to prove that the parent's
19		actions and decisions regarding visitation times are harmful to
20		the child's mental, physical, or emotional health.
21		(4) In determining whether to grant visitation, the court
22		shall consider the following:
23		(A) the preference of the child if the child is
24		determined to be of sufficient maturity to express a
25		preference;
26		(B) the mental and physical health of the child;

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1		(C) the mental and physical health of the grandparent,
2		great-grandparent, or sibling;
3		(D) the length and quality of the prior relationship
4		between the child and the grandparent, great-grandparent,
5		or sibling;
6		(E) the good faith of the party in filing the petition;
7		(F) the good faith of the person denying visitation;
8		(G) the quantity of the visitation time requested and
9		the potential adverse impact that visitation would have on
10		the child's customary activities;
11		(H) whether the child resided with the petitioner for
12		at least 6 consecutive months with or without the current
13		custodian present;
14		(I) whether the petitioner had frequent or regular
15		contact or visitation with the child for at least 12
16		consecutive months;
17		(J) any other fact that establishes that the loss of
18		the relationship between the petitioner and the child is
19		likely to harm the child's mental, physical, or emotional
20		health; and
21		(K) whether the grandparent, great-grandparent, or
22		sibling was a primary caretaker of the child for a period
23		of not less than 6 consecutive months.
24		(5) The court may order visitation rights for the
25		grandparent, great-grandparent, or sibling that include
26		reasonable access without requiring overnight or possessory

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1		visitation.
2		(a-7)(1) Unless by stipulation of the parties, no motion to
3		modify a grandparent, great-grandparent, or sibling visitation
4		order may be made earlier than 2 years after the date the order
5		was filed, unless the court permits it to be made on the basis
6		of affidavits that there is reason to believe the child's
7		present environment may endanger seriously the child's mental,
8		physical, or emotional health.
9		(2) The court shall not modify an order that grants
10		visitation to a grandparent, great-grandparent, or sibling
11		unless it finds by clear and convincing evidence, upon the
12		basis of facts that have arisen since the prior visitation
13		order or that were unknown to the court at the time of entry of
14		the prior visitation, that a change has occurred in the
15		circumstances of the child or his or her custodian, and that
16		the modification is necessary to protect the mental, physical,
17		or emotional health of the child. The court shall state in its
18		decision specific findings of fact in support of its
19		modification or termination of the grandparent,
20		great-grandparent, or sibling visitation. A child's parent may
21		always petition to modify visitation upon changed
22		circumstances when necessary to promote the child's best
23		interest.
24		(3) Attorney fees and costs shall be assessed against a
25		party seeking modification of the visitation order if the court
26		finds that the modification action is vexatious and constitutes

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1		harassment.
2		(4) Notice under this subsection (a-7) shall be given as
3		provided in subsections (c) and (d) of Section 601.
4		(b) (1) (Blank.)
5		(1.5) The Court may grant reasonable visitation privileges
6		to a stepparent upon petition to the court by the stepparent,
7		with notice to the parties required to be notified under
8		Section 601 of this Act, if the court determines that it is in
9		the best interests and welfare of the child, and may issue any
10		necessary orders to enforce those visitation privileges. A
11		petition for visitation privileges may be filed under this
12		paragraph (1.5) whether or not a petition pursuant to this Act
13		has been previously filed or is currently pending if the
14		following circumstances are met:
15		(A) the child is at least 12 years old;
16		(B) the child resided continuously with the parent and
17		stepparent for at least 5 years;
18		(C) the parent is deceased or is a person with a
19		disability disabled and is unable to care for the child;
20		(D) the child wishes to have reasonable visitation with
21		the stepparent; and
22		(E) the stepparent was providing for the care, control,
23		and welfare to the child prior to the initiation of the
24		petition for visitation.
25		(2)(A) A petition for visitation privileges shall not be
26		filed pursuant to this subsection (b) by the parents or

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1		grandparents of a putative father if the paternity of the
2		putative father has not been legally established.
3		(B) A petition for visitation privileges may not be filed
4		under this subsection (b) if the child who is the subject of
5		the grandparents' or great-grandparents' petition has been
6		voluntarily surrendered by the parent or parents, except for a
7		surrender to the Illinois Department of Children and Family
8		Services or a foster care facility, or has been previously
9		adopted by an individual or individuals who are not related to
10		the biological parents of the child or is the subject of a
11		pending adoption petition by an individual or individuals who
12		are not related to the biological parents of the child.
13		(3) (Blank).
14		(c) The court may modify an order granting or denying
15		visitation rights of a parent whenever modification would serve
16		the best interest of the child; but the court shall not
17		restrict a parent's visitation rights unless it finds that the
18		visitation would endanger seriously the child's physical,
19		mental, moral or emotional health.
20		(d) If any court has entered an order prohibiting a
21		non-custodial parent of a child from any contact with a child
22		or restricting the non-custodial parent's contact with the
23		child, the following provisions shall apply:
24		(1) If an order has been entered granting visitation
25		privileges with the child to a grandparent or
26		great-grandparent who is related to the child through the

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1		non-custodial parent, the visitation privileges of the
2		grandparent or great-grandparent may be revoked if:
3		(i) a court has entered an order prohibiting the
4		non-custodial parent from any contact with the child,
5		and the grandparent or great-grandparent is found to
6		have used his or her visitation privileges to
7		facilitate contact between the child and the
8		non-custodial parent; or
9		(ii) a court has entered an order restricting the
10		non-custodial parent's contact with the child, and the
11		grandparent or great-grandparent is found to have used
12		his or her visitation privileges to facilitate contact
13		between the child and the non-custodial parent in a
14		manner that violates the terms of the order restricting
15		the non-custodial parent's contact with the child.
16		Nothing in this subdivision (1) limits the authority of
17		the court to enforce its orders in any manner permitted by
18		law.
19		(2) Any order granting visitation privileges with the
20		child to a grandparent or great-grandparent who is related
21		to the child through the non-custodial parent shall contain
22		the following provision:
23		"If the (grandparent or great-grandparent, whichever
24		is applicable) who has been granted visitation privileges
25		under this order uses the visitation privileges to
26		facilitate contact between the child and the child's

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1		non-custodial parent, the visitation privileges granted
2		under this order shall be permanently revoked."
3		(e) No parent, not granted custody of the child, or
4		grandparent, or great-grandparent, or stepparent, or sibling
5		of any minor child, convicted of any offense involving an
6		illegal sex act perpetrated upon a victim less than 18 years of
7		age including but not limited to offenses for violations of
8		Section 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-1.70,
9		or Article 12 of the Criminal Code of 1961 or the Criminal Code
10		of 2012, is entitled to visitation rights while incarcerated or
11		while on parole, probation, conditional discharge, periodic
12		imprisonment, or mandatory supervised release for that
13		offense, and upon discharge from incarceration for a
14		misdemeanor offense or upon discharge from parole, probation,
15		conditional discharge, periodic imprisonment, or mandatory
16		supervised release for a felony offense, visitation shall be
17		denied until the person successfully completes a treatment
18		program approved by the court.
19		(f) Unless the court determines, after considering all
20		relevant factors, including but not limited to those set forth
21		in Section 602(a), that it would be in the best interests of
22		the child to allow visitation, the court shall not enter an
23		order providing visitation rights and pursuant to a motion to
24		modify visitation shall revoke visitation rights previously
25		granted to any person who would otherwise be entitled to
26		petition for visitation rights under this Section who has been

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1		convicted of first degree murder of the parent, grandparent,
2		great-grandparent, or sibling of the child who is the subject
3		of the order. Until an order is entered pursuant to this
4		subsection, no person shall visit, with the child present, a
5		person who has been convicted of first degree murder of the
6		parent, grandparent, great-grandparent, or sibling of the
7		child without the consent of the child's parent, other than a
8		parent convicted of first degree murder as set forth herein, or
9		legal guardian.
10		(g) (Blank).
11		(h) Upon motion, the court may allow a parent who is
12		deployed or who has orders to be deployed as a member of the
13		United States Armed Forces to designate a person known to the
14		child to exercise reasonable substitute visitation on behalf of
15		the deployed parent, if the court determines that substitute
16		visitation is in the best interest of the child. In determining
17		whether substitute visitation is in the best interest of the
18		child, the court shall consider all of the relevant factors
19		listed in subsection (a) of Section 602 and apply those factors
20		to the person designated as a substitute for the deployed
21		parent for visitation purposes.
22		(Source: P.A. 96-331, eff. 1-1-10; 97-659, eff. 6-1-12;
23		97-1150, eff. 1-25-13.)
24		Section 945. The Adoption Act is amended by changing
25		Section 12 as follows:

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1		(750 ILCS 50/12) (from Ch. 40, par. 1514)
2		Sec. 12. Consent of child or adult. If, upon the date of
3		the entry of the judgment the person sought to be adopted is of
4		the age of 14 years or upwards, the adoption shall not be made
5		without the consent of such person. Such consent shall be in
6		writing and shall be acknowledged by such person as provided in
7		Section 10 of this Act, provided, that if such person is in
8		need of mental treatment or is a person with an intellectual
9		disability intellectually disabled, the court may waive the
10		provisions of this Section. No consent shall be required under
11		this Section if the person sought to be adopted has died before
12		giving such consent.
13		(Source: P.A. 97-227, eff. 1-1-12.)
14		Section 950. The Address Confidentiality for Victims of
15		Domestic Violence Act is amended by changing Section 15 as
16		follows:
17		(750 ILCS 61/15)
18		Sec. 15. Address confidentiality program; application;
19		certification.
20		(a) An adult person, a parent or guardian acting on behalf
21		of a minor, or a guardian acting on behalf of a person with a
22		disability disabled person, as defined in Article 11a of the
23		Probate Act of 1975, may apply to the Attorney General to have

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1		an address designated by the Attorney General serve as the
2		person's address or the address of the minor or person with a
3		disability disabled person. The Attorney General shall approve
4		an application if it is filed in the manner and on the form
5		prescribed by him or her and if it contains:
6		(1) a sworn statement by the applicant that the
7		applicant has good reason to believe (i) that the
8		applicant, or the minor or person with a disability
9		disabled person on whose behalf the application is made, is
10		a victim of domestic violence; and (ii) that the applicant
11		fears for his or her safety or his or her children's
12		safety, or the safety of the minor or person with a
13		disability disabled person on whose behalf the application
14		is made;
15		(2) a designation of the Attorney General as agent for
16		purposes of service of process and receipt of mail;
17		(3) the mailing address where the applicant can be
18		contacted by the Attorney General, and the phone number or
19		numbers where the applicant can be called by the Attorney
20		General;
21		(4) the new address or addresses that the applicant
22		requests not be disclosed for the reason that disclosure
23		will increase the risk of domestic violence; and
24		(5) the signature of the applicant and of any
25		individual or representative of any office designated in
26		writing under Section 40 of this Act who assisted in the

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1		preparation of the application, and the date on which the
2		applicant signed the application.
3		(b) Applications shall be filed with the office of the
4		Attorney General.
5		(c) Upon filing a properly completed application, the
6		Attorney General shall certify the applicant as a program
7		participant. Applicants shall be certified for 4 years
8		following the date of filing unless the certification is
9		withdrawn or invalidated before that date. The Attorney General
10		shall by rule establish a renewal procedure.
11		(d) A person who falsely attests in an application that
12		disclosure of the applicant's address would endanger the
13		applicant's safety or the safety of the applicant's children or
14		the minor or incapacitated person on whose behalf the
15		application is made, or who knowingly provides false or
16		incorrect information upon making an application, is guilty of
17		a Class 3 felony.
18		(Source: P.A. 91-494, eff. 1-1-00.)
19		Section 955. The Parental Notice of Abortion Act of 1995 is
20		amended by changing Section 10 as follows:
21		(750 ILCS 70/10)
22		Sec. 10. Definitions. As used in this Act:
23		"Abortion" means the use of any instrument, medicine, drug,
24		or any other substance or device to terminate the pregnancy of

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1		a woman known to be pregnant with an intention other than to
2		increase the probability of a live birth, to preserve the life
3		or health of a child after live birth, or to remove a dead
4		fetus.
5		"Actual notice" means the giving of notice directly, in
6		person, or by telephone.
7		"Adult family member" means a person over 21 years of age
8		who is the parent, grandparent, step-parent living in the
9		household, or legal guardian.
10		"Constructive notice" means notice by certified mail to the
11		last known address of the person entitled to notice with
12		delivery deemed to have occurred 48 hours after the certified
13		notice is mailed.
14		"Incompetent" means any person who has been adjudged as
15		mentally ill or as a person with a developmental disability
16		developmentally disabled and who, because of her mental illness
17		or developmental disability, is not fully able to manage her
18		person and for whom a guardian of the person has been appointed
19		under Section 11a-3(a)(1) of the Probate Act of 1975.
20		"Medical emergency" means a condition that, on the basis of
21		the physician's good faith clinical judgment, so complicates
22		the medical condition of a pregnant woman as to necessitate the
23		immediate abortion of her pregnancy to avert her death or for
24		which a delay will create serious risk of substantial and
25		irreversible impairment of major bodily function.
26		"Minor" means any person under 18 years of age who is not

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1		or has not been married or who has not been emancipated under
2		the Emancipation of Minors Act.
3		"Neglect" means the failure of an adult family member to
4		supply a child with necessary food, clothing, shelter, or
5		medical care when reasonably able to do so or the failure to
6		protect a child from conditions or actions that imminently and
7		seriously endanger the child's physical or mental health when
8		reasonably able to do so.
9		"Physical abuse" means any physical injury intentionally
10		inflicted by an adult family member on a child.
11		"Physician" means any person licensed to practice medicine
12		in all its branches under the Illinois Medical Practice Act of
13		1987.
14		"Sexual abuse" means any sexual conduct or sexual
15		penetration as defined in Section 11-0.1 of the Criminal Code
16		of 2012 that is prohibited by the criminal laws of the State of
17		Illinois and committed against a minor by an adult family
18		member as defined in this Act.
19		(Source: P.A. 96-1551, eff. 7-1-11; 97-1150, eff. 1-25-13.)
20		Section 960. The Probate Act of 1975 is amended by changing
21		Sections 1-2.17, 1-2.23, 1-2.24, 2-6.2, 2-6.6, 6-2, 6-6, 6-10,
22		6-12, 6-13, 6-20, 9-1, 9-3, 9-4, 9-5, 9-6, 9-8, and 11-3 and
23		the heading of Article XIa and Sections 11a-1, 11a-2, 11a-3,
24		11a-3.1, 11a-3.2, 11a-4, 11a-5, 11a-6, 11a-8, 11a-8.1, 11a-10,
25		11a-10.2, 11a-11, 11a-12, 11a-13, 11a-16, 11a-17, 11a-18,

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1		11a-18.1, 11a-18.2, 11a-18.3, 11a-20, 11a-22, 11a-24, 12-2,
2		12-4, 13-2, 13-3.1, 13-5, 18-1.1, 18-8, 23-2, 26-3, 28-2, 28-3,
3		and 28-10 as follows:
4		(755 ILCS 5/1-2.17) (from Ch. 110 1/2, par. 1-2.17)
5		Sec. 1-2.17. "Ward" includes a minor or a person with a
6		disability and disabled person.
7		(Source: P.A. 81-213.)
8		(755 ILCS 5/1-2.23)
9		Sec. 1-2.23. "Standby guardian" means: (i) a guardian of
10		the person or estate, or both, of a minor, as appointed by the
11		court under Section 11-5.3, to become effective at a later date
12		under Section 11-13.1 or (ii) a guardian of the person or
13		estate, or both, of a person with a disability disabled person,
14		as appointed by the court under Section 11a-3.1, to become
15		effective at a later date under Section 11a-18.2.
16		(Source: P.A. 90-796, eff. 12-15-98.)
17		(755 ILCS 5/1-2.24)
18		Sec. 1-2.24. "Short-term guardian" means a guardian of the
19		person of a minor as appointed by a parent of the minor under
20		Section 11-5.4 or a guardian of the person of a person with a
21		disability disabled person as appointed by the guardian of the
22		person with a disability disabled person under Section 11a-3.2.
23		(Source: P.A. 90-796, eff. 12-15-98.)

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1		(755 ILCS 5/2-6.2)
2		Sec. 2-6.2. Financial exploitation, abuse, or neglect of an
3		elderly person or a person with a disability.
4		(a) In this Section:
5		"Abuse" means any offense described in Section 12-21 or
6		subsection (b) of Section 12-4.4a of the Criminal Code of 1961
7		or the Criminal Code of 2012.
8		"Financial exploitation" means any offense or act
9		described or defined in Section 16-1.3 or 17-56 of the Criminal
10		Code of 1961 or the Criminal Code of 2012, and, in the context
11		of civil proceedings, the taking, use, or other
12		misappropriation of the assets or resources of an elderly
13		person or a person with a disability contrary to law,
14		including, but not limited to, misappropriation of assets or
15		resources by undue influence, breach of a fiduciary
16		relationship, fraud, deception, extortion, and conversion.
17		"Neglect" means any offense described in Section 12-19 or
18		subsection (a) of Section 12-4.4a of the Criminal Code of 1961
19		or the Criminal Code of 2012.
20		(b) Persons convicted of financial exploitation, abuse, or
21		neglect of an elderly person or a person with a disability or
22		persons who have been found by a preponderance of the evidence
23		to be civilly liable for financial exploitation shall not
24		receive any property, benefit, or other interest by reason of
25		the death of that elderly person or person with a disability,

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1		whether as heir, legatee, beneficiary, survivor, appointee,
2		claimant under Section 18-1.1, or in any other capacity and
3		whether the property, benefit, or other interest passes
4		pursuant to any form of title registration, testamentary or
5		nontestamentary instrument, intestacy, renunciation, or any
6		other circumstance. Except as provided in subsection (f) of
7		this Section, the property, benefit, or other interest shall
8		pass as if the person convicted of the financial exploitation,
9		abuse, or neglect or person found civilly liable for financial
10		exploitation died before the decedent, provided that with
11		respect to joint tenancy property the interest possessed prior
12		to the death by the person convicted of the financial
13		exploitation, abuse, or neglect shall not be diminished by the
14		application of this Section. Notwithstanding the foregoing, a
15		person convicted of financial exploitation, abuse, or neglect
16		of an elderly person or a person with a disability or a person
17		who has been found by a preponderance of the evidence to be
18		civilly liable for financial exploitation shall be entitled to
19		receive property, a benefit, or an interest in any capacity and
20		under any circumstances described in this subsection (b) if it
21		is demonstrated by clear and convincing evidence that the
22		victim of that offense knew of the conviction or finding of
23		civil liability and subsequent to the conviction or finding of
24		civil liability expressed or ratified his or her intent to
25		transfer the property, benefit, or interest to the person
26		convicted of financial exploitation, abuse, or neglect of an

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1		elderly person or a person with a disability or the person
2		found by a preponderance of the evidence to be civilly liable
3		for financial exploitation in any manner contemplated by this
4		subsection (b).
5		(c)(1) The holder of any property subject to the provisions
6		of this Section shall not be liable for distributing or
7		releasing the property to the person convicted of financial
8		exploitation, abuse, or neglect of an elderly person or a
9		person with a disability or the person who has been found by a
10		preponderance of the evidence to be civilly liable for
11		financial exploitation if the distribution or release occurs
12		prior to the conviction or finding of civil liability.
13		(2) If the holder is a financial institution, trust
14		company, trustee, or similar entity or person, the holder shall
15		not be liable for any distribution or release of the property,
16		benefit, or other interest to the person convicted of a
17		violation of Section 12-19, 12-21, 16-1.3, or 17-56, or
18		subsection (a) or (b) of Section 12-4.4a, of the Criminal Code
19		of 1961 or the Criminal Code of 2012 or the person who has been
20		found by a preponderance of the evidence to be civilly liable
21		for financial exploitation unless the holder knowingly
22		distributes or releases the property, benefit, or other
23		interest to the person so convicted or found civilly liable
24		after first having received actual written notice of the
25		conviction in sufficient time to act upon the notice.
26		(d) If the holder of any property subject to the provisions

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1		of this Section knows that a potential beneficiary has been
2		convicted of financial exploitation, abuse, or neglect of an
3		elderly person or a person with a disability or has been found
4		by a preponderance of the evidence to be civilly liable for
5		financial exploitation within the scope of this Section, the
6		holder shall fully cooperate with law enforcement authorities
7		and judicial officers in connection with any investigation of
8		the financial exploitation, abuse, or neglect. If the holder is
9		a person or entity that is subject to regulation by a
10		regulatory agency pursuant to the laws of this or any other
11		state or pursuant to the laws of the United States, including
12		but not limited to the business of a financial institution,
13		corporate fiduciary, or insurance company, then such person or
14		entity shall not be deemed to be in violation of this Section
15		to the extent that privacy laws and regulations applicable to
16		such person or entity prevent it from voluntarily providing law
17		enforcement authorities or judicial officers with information.
18		(e) A civil action against a person for financial
19		exploitation may be brought by an interested person, pursuant
20		to this Section, after the death of the victim or during the
21		lifetime of the victim if the victim is adjudicated a person
22		with a disability disabled. A guardian is under no duty to
23		bring a civil action under this subsection during the ward's
24		lifetime, but may do so if the guardian believes it is in the
25		best interests of the ward.
26		(f) The court may, in its discretion, consider such facts

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1		and circumstances as it deems appropriate to allow the person
2		found civilly liable for financial exploitation to receive a
3		reduction in interest or benefit rather than no interest or
4		benefit as stated under subsection (b) of this Section.
5		(Source: P.A. 97-1109, eff. 1-1-13; 97-1150, eff. 1-25-13;
6		98-833, eff. 8-1-14.)
7		(755 ILCS 5/2-6.6)
8		Sec. 2-6.6. Person convicted of or found civilly liable for
9		certain offenses against the elderly or a person with a
10		disability.
11		(a) A person who is convicted of a violation of Section
12		12-19, 12-21, 16-1.3, or 17-56, or subsection (a) or (b) of
13		Section 12-4.4a, of the Criminal Code of 1961 or the Criminal
14		Code of 2012 or a person who has been found by a preponderance
15		of the evidence to be civilly liable for financial
16		exploitation, as defined in subsection (a) of Section 2-6.2 of
17		this Act, may not receive any property, benefit, or other
18		interest by reason of the death of the victim of that offense,
19		whether as heir, legatee, beneficiary, joint tenant, tenant by
20		the entirety, survivor, appointee, or in any other capacity and
21		whether the property, benefit, or other interest passes
22		pursuant to any form of title registration, testamentary or
23		nontestamentary instrument, intestacy, renunciation, or any
24		other circumstance. Except as provided in subsection (f) of
25		this Section, the property, benefit, or other interest shall

HB4049 Engrossed - 1830 - LRB099 03667 KTG 23678 b
1		pass as if the person convicted of a violation of Section
2		12-19, 12-21, 16-1.3, or 17-56, or subsection (a) or (b) of
3		Section 12-4.4a, of the Criminal Code of 1961 or the Criminal
4		Code of 2012 or the person found by a preponderance of the
5		evidence to be civilly liable for financial exploitation, as
6		defined in subsection (a) of Section 2-6.2 of this Act, died
7		before the decedent; provided that with respect to joint
8		tenancy property or property held in tenancy by the entirety,
9		the interest possessed prior to the death by the person
10		convicted or found civilly liable may not be diminished by the
11		application of this Section. Notwithstanding the foregoing, a
12		person convicted of a violation of Section 12-19, 12-21,
13		16-1.3, or 17-56, or subsection (a) or (b) of Section 12-4.4a,
14		of the Criminal Code of 1961 or the Criminal Code of 2012 or a
15		person who has been found by a preponderance of the evidence to
16		be civilly liable for financial exploitation, as defined in
17		subsection (a) of Section 2-6.2 of this Act, shall be entitled
18		to receive property, a benefit, or an interest in any capacity
19		and under any circumstances described in this Section if it is
20		demonstrated by clear and convincing evidence that the victim
21		of that offense knew of the conviction or finding of civil
22		liability and subsequent to the conviction or finding of civil
23		liability expressed or ratified his or her intent to transfer
24		the property, benefit, or interest to the person convicted of a
25		violation of Section 12-19, 12-21, 16-1.3, or 17-56, or
26		subsection (a) or (b) of Section 12-4.4a, of the Criminal Code

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1		of 1961 or the Criminal Code of 2012 or the person found by a
2		preponderance of the evidence to be civilly liable for
3		financial exploitation, as defined in subsection (a) of Section
4		2-6.2 of this Act, in any manner contemplated by this Section.
5		(b) The holder of any property subject to the provisions of
6		this Section is not liable for distributing or releasing the
7		property to the person convicted of violating Section 12-19,
8		12-21, 16-1.3, or 17-56, or subsection (a) or (b) of Section
9		12-4.4a, of the Criminal Code of 1961 or the Criminal Code of
10		2012 or to the person found by a preponderance of the evidence
11		to be civilly liable for financial exploitation as defined in
12		subsection (a) of Section 2-6.2 of this Act.
13		(c) If the holder is a financial institution, trust
14		company, trustee, or similar entity or person, the holder shall
15		not be liable for any distribution or release of the property,
16		benefit, or other interest to the person convicted of a
17		violation of Section 12-19, 12-21, 16-1.3, or 17-56, or
18		subsection (a) or (b) of Section 12-4.4a, of the Criminal Code
19		of 1961 or the Criminal Code of 2012 or person found by a
20		preponderance of the evidence to be civilly liable for
21		financial exploitation, as defined in subsection (a) of Section
22		2-6.2 of this Act, unless the holder knowingly distributes or
23		releases the property, benefit, or other interest to the person
24		so convicted or found civilly liable after first having
25		received actual written notice of the conviction or finding of
26		civil liability in sufficient time to act upon the notice.

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1		(d) The Department of State Police shall have access to
2		State of Illinois databases containing information that may
3		help in the identification or location of persons convicted of
4		or found civilly liable for the offenses enumerated in this
5		Section. Interagency agreements shall be implemented,
6		consistent with security and procedures established by the
7		State agency and consistent with the laws governing the
8		confidentiality of the information in the databases.
9		Information shall be used only for administration of this
10		Section.
11		(e) A civil action against a person for financial
12		exploitation, as defined in subsection (a) of Section 2-6.2 of
13		this Act, may be brought by an interested person, pursuant to
14		this Section, after the death of the victim or during the
15		lifetime of the victim if the victim is adjudicated a person
16		with a disability disabled. A guardian is under no duty to
17		bring a civil action under this subsection during the ward's
18		lifetime, but may do so if the guardian believes it is in the
19		best interests of the ward.
20		(f) The court may, in its discretion, consider such facts
21		and circumstances as it deems appropriate to allow the person
22		convicted or found civilly liable for financial exploitation,
23		as defined in subsection (a) of Section 2-6.2 of this Act, to
24		receive a reduction in interest or benefit rather than no
25		interest or benefit as stated under subsection (a) of this
26		Section.

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1		(Source: P.A. 97-1109, eff. 1-1-13; 97-1150, eff. 1-25-13;
2		98-833, eff. 8-1-14.)
3		(755 ILCS 5/6-2) (from Ch. 110 1/2, par. 6-2)
4		Sec. 6-2. Petition to admit will or to issue letters.)
5		Anyone desiring to have a will admitted to probate must file a
6		petition therefor in the court of the proper county. The
7		petition must state, if known: (a) the name and place of
8		residence of the testator at the time of his death; (b) the
9		date and place of death; (c) the date of the will and the fact
10		that petitioner believes the will to be the valid last will of
11		the testator; (d) the approximate value of the testator's real
12		and personal estate in this State; (e) the names and post
13		office addresses of all heirs and legatees of the testator and
14		whether any of them is a minor or a person with a disability
15		disabled person; (f) the name and post office address of the
16		executor; and (g) unless supervised administration is
17		requested, the name and address of any personal fiduciary
18		acting or designated to act pursuant to Section 28-3. When the
19		will creates or adds to a trust and the petition states the
20		name and address of the trustee, the petition need not state
21		the name and address of any beneficiary of the trust who is not
22		an heir or legatee. If letters of administration with the will
23		annexed are sought, the petition must also state, if known: (a)
24		the reason for the issuance of the letters, (b) facts showing
25		the right of the petitioner to act as, or to nominate, the

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1		administrator with the will annexed, (c) the name and post
2		office address of the person nominated and of each person
3		entitled either to administer or to nominate a person to
4		administer equally with or in preference to the petitioner and
5		(d) if the will has been previously admitted to probate, the
6		date of admission. If a petition for letters of administration
7		with the will annexed states that there are one or more persons
8		entitled either to administer or to nominate a person to
9		administer equally with or in preference to the petitioner, the
10		petitioner must mail a copy of the petition to each such person
11		as provided in Section 9-5 and file proof of mailing with the
12		clerk of the court.
13		(Source: P.A. 84-555; 84-690.)
14		(755 ILCS 5/6-6) (from Ch. 110 1/2, par. 6-6)
15		Sec. 6-6. Proof of handwriting of a deceased, disabled or
16		inaccessible witness or a witness with a disability.) (a) If a
17		witness to a will (1) is dead, (2) is blind, (3) is mentally or
18		physically incapable of testifying, (4) cannot be found, (5) is
19		in active service of the armed forces of the United States or
20		(6) is outside this State, the court may admit proof of the
21		handwriting of the witness and such other secondary evidence as
22		is admissible in any court of record to establish written
23		contracts and may admit the will to probate as though it had
24		been proved by the testimony of the witness. On motion of any
25		interested person or on its own motion, the court may require

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1		that the deposition of any such witness, who can be found, is
2		mentally and physically capable of testifying and is not in the
3		active service of the armed forces of the United States outside
4		of the continental United States, be taken as the best evidence
5		thereof.
6		(b) As used in this Section, "continental United States"
7		means the States of the United States and the District of
8		Columbia.
9		(Source: P.A. 81-213.)
10		(755 ILCS 5/6-10) (from Ch. 110 1/2, par. 6-10)
11		Sec. 6-10. Notice - waiver.) (a) Not more than 14 days
12		after entry of an order admitting or denying admission of a
13		will to probate or appointing a representative, the
14		representative or, if none, the petitioner must mail a copy of
15		the petition to admit the will or for letters and a copy of the
16		order showing the date of entry to each of the testator's heirs
17		and legatees whose names and post office addresses are stated
18		in the petition. If the name or post office address of any heir
19		or legatee is not stated in the petition, the representative
20		or, if none, the petitioner must publish a notice once a week
21		for 3 successive weeks, the first publication to be not more
22		than 14 days after entry of the order, describing the order and
23		the date of entry. The notice shall be published in a newspaper
24		published in the county where the order was entered and may be
25		combined with a notice under Section 18-3. When the petition

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1		names a trustee of a trust, it is not necessary to publish for
2		or mail copies of the petition and order to any beneficiary of
3		the trust who is not an heir or legatee. The information mailed
4		or published under this Section must include an explanation, in
5		form prescribed by rule of the Supreme Court of this State, of
6		the rights of heirs and legatees to require formal proof of
7		will under Section 6-21 and to contest the admission or denial
8		of admission of the will to probate under Section 8-1 or 8-2.
9		The petitioner or representative must file proof of mailing and
10		publication, if publication is required, with the clerk of the
11		court.
12		(b) A copy of the petition and of the order need not be
13		sent to and notice need not be published for any person who is
14		not designated in the petition as a minor or person with a
15		disability disabled person and who personally appeared before
16		the court at the hearing or who filed his waiver of notice.
17		(Source: P.A. 81-1453.)
18		(755 ILCS 5/6-12) (from Ch. 110 1/2, par. 6-12)
19		Sec. 6-12. Appointment of guardian ad litem.) When an heir
20		or legatee of a testator is a minor or person with a disability
21		disabled person who is entitled to notice under Section 6-10 at
22		the time an order is entered admitting or denying admission of
23		a will to probate or who is entitled to notice under Section
24		6-20 or 6-21 of the hearing on the petition to admit the will,
25		the court may appoint a guardian ad litem to protect the

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1		interests of the ward with respect to the admission or denial,
2		or to represent the ward at the hearing, if the court finds
3		that (a) the interests of the ward are not adequately
4		represented by a personal fiduciary acting or designated to act
5		pursuant to Section 28-3 or by another party having a
6		substantially identical interest in the proceedings and the
7		ward is not represented by a guardian of his estate and (b) the
8		appointment of a guardian ad litem is necessary to protect the
9		ward's interests.
10		(Source: P.A. 81-213.)
11		(755 ILCS 5/6-13) (from Ch. 110 1/2, par. 6-13)
12		Sec. 6-13. Who may act as executor.) (a) A person who has
13		attained the age of 18 years and is a resident of the United
14		States, is not of unsound mind, is not an adjudged person with
15		a disability disabled person as defined in this Act and has not
16		been convicted of a felony, is qualified to act as executor.
17		(b) If a person named as executor in a will is not
18		qualified to act at the time of admission of the will to
19		probate but thereafter becomes qualified and files a petition
20		for the issuance of letters, takes oath and gives bond as
21		executor, the court may issue letters testamentary to him as
22		co-executor with the executor who has qualified or if no
23		executor has qualified the court may issue letters testamentary
24		to him and revoke the letters of administration with the will
25		annexed.

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1		The court may in its discretion require a nonresident
2		executor to furnish a bond in such amount and with such surety
3		as the court determines notwithstanding any contrary provision
4		of the will.
5		(Source: P.A. 85-692.)
6		(755 ILCS 5/6-20) (from Ch. 110 1/2, par. 6-20)
7		Sec. 6-20. Petition to admit will to probate on presumption
8		of death of testator - notice.) (a) Anyone desiring to have a
9		will admitted to probate on the presumption of death of the
10		testator must file a petition therefor in the court of the
11		proper county. The petition must state, in addition to the
12		information required by Section 6-2 (other than clauses (a) and
13		(b)), the facts and circumstances raising the presumption, the
14		name and last known post office address of the testator and, if
15		known, the name and post office address of each person in
16		possession or control of any property of the testator.
17		(b) Not less than 30 days before the hearing on the
18		petition the petitioner must (1) mail a copy of the petition to
19		the testator at his last known address, to each of the
20		testator's heirs and legatees whose names and post office
21		addresses are stated in the petition and to each person shown
22		by the petition to be in possession or control of any property
23		of the testator, and (2) publish a notice of the hearing on the
24		petition once a week for 3 successive weeks, the first
25		publication to be not less than 30 days before the hearing. The

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1		notice must state the time and place of the hearing, the name
2		of the testator and, when known, the names of the heirs and
3		legatees. The petitioner shall endorse the time and place of
4		the hearing on each copy of the petition mailed by him. When
5		the petition names a trustee of a trust, it is not necessary to
6		mail a copy of the petition to any beneficiary of the trust who
7		is not an heir or legatee, or to include the name of such
8		beneficiary in the published notice. If any person objects to
9		the admission of the will to probate, the court may require
10		that such notice of the time and place of the hearing as it
11		directs be given to any beneficiary of the trust not previously
12		notified. The petitioner must file proof of mailing and proof
13		of publication with the clerk of the court.
14		(c) A copy of the petition need not be sent to any person
15		not designated in the petition as a minor or person with a
16		disability disabled person who personally appears before the
17		court at the hearing or who files his waiver of notice.
18		(d) When a will is admitted to probate on presumption of
19		the testator's death, the notice provided for in Section 6-10
20		is not required.
21		(Source: P.A. 81-1453.)
22		(755 ILCS 5/9-1) (from Ch. 110 1/2, par. 9-1)
23		Sec. 9-1. Who may act as administrator. A person who has
24		attained the age of 18 years, is a resident of the United
25		States, is not of unsound mind, is not an adjudged person with

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1		a disability disabled person as defined in this Act and has not
2		been convicted of a felony, is qualified to act as
3		administrator.
4		(Source: P.A. 90-430, eff. 8-16-97; 90-472, eff. 8-17-97.)
5		(755 ILCS 5/9-3) (from Ch. 110 1/2, par. 9-3)
6		Sec. 9-3. Persons entitled to preference in obtaining
7		letters. The following persons are entitled to preference in
8		the following order in obtaining the issuance of letters of
9		administration and of administration with the will annexed:
10		(a) The surviving spouse or any person nominated by the
11		surviving spouse.
12		(b) The legatees or any person nominated by them, with
13		preference to legatees who are children.
14		(c) The children or any person nominated by them.
15		(d) The grandchildren or any person nominated by them.
16		(e) The parents or any person nominated by them.
17		(f) The brothers and sisters or any person nominated by
18		them.
19		(g) The nearest kindred or any person nominated by them.
20		(h) The representative of the estate of a deceased ward.
21		(i) The Public Administrator.
22		(j) A creditor of the estate.
23		Only a person qualified to act as administrator under this
24		Act may nominate, except that the guardian of the estate, if
25		any, otherwise the guardian of the person, of a person who is

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1		not qualified to act as administrator solely because of
2		minority or legal disability may nominate on behalf of the
3		minor or person with a disability disabled person in accordance
4		with the order of preference set forth in this Section. A
5		person who has been removed as representative under this Act
6		loses the right to name a successor.
7		When several persons are claiming and are equally entitled
8		to administer or to nominate an administrator, the court may
9		grant letters to one or more of them or to the nominee of one or
10		more of them.
11		(Source: P.A. 90-430, eff. 8-16-97; 90-472, eff. 8-17-97;
12		90-655, eff. 7-30-98.)
13		(755 ILCS 5/9-4) (from Ch. 110 1/2, par. 9-4)
14		Sec. 9-4. Petition to issue letters.) Anyone desiring to
15		have letters of administration issued on the estate of an
16		intestate decedent shall file a petition therefor in the court
17		of the proper county. The petition shall state, if known: (a)
18		the name and place of residence of the decedent at the time of
19		his death; (b) the date and place of death; (c) the approximate
20		value of the decedent's real and personal estate in this State;
21		(d) the names and post office addresses of all heirs of the
22		decedent and whether any of them is a minor or person with a
23		disability disabled person and whether any of them is entitled
24		either to administer or to nominate a person to administer
25		equally with or in preference to the petitioner; (e) the name

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1		and post office address of the person nominated as
2		administrator; (f) the facts showing the right of the
3		petitioner to act as or to nominate the administrator; (g) when
4		letters of administration de bonis non are sought, the reason
5		for the issuance of the letters; and (h) unless supervised
6		administration is requested, the name and address of any
7		personal fiduciary acting or designated to act pursuant to
8		Section 28-3.
9		(Source: P.A. 84-555; 84-690.)
10		(755 ILCS 5/9-5) (from Ch. 110 1/2, par. 9-5)
11		Sec. 9-5. Notice-Waiver.) (a) Not less than 30 days before
12		the hearing on the petition to issue letters, the petitioner
13		shall mail a copy of the petition, endorsed with the time and
14		place of the hearing, to each person named in the petition
15		whose post office address is stated and who is entitled either
16		to administer or to nominate a person to administer equally
17		with or in preference to the petitioner.
18		(b) Not more than 14 days after entry of an order directing
19		that original letters of office issue to an administrator, the
20		administrator shall mail a copy of the petition to issue
21		letters and a copy of the order showing the date of its entry
22		to each of the decedent's heirs who was not entitled to notice
23		of the hearing on the petition under subsection (a). If the
24		name or post office address of any heir is not stated in the
25		petition, the administrator shall publish a notice once a week

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1		for 3 successive weeks, the first publication to be not more
2		than 14 days after entry of the order, describing the order and
3		the date of entry. The notice shall be published in a newspaper
4		published in the county where the order was entered and may be
5		combined with a notice under Section 18-3. The administrator
6		shall file proof of mailing and publication, if publication is
7		required, with the clerk of the court.
8		(c) A copy of the petition and of the order need not be
9		sent to, nor notice published for, any person not designated in
10		the petition as a minor or as a person with a disability
11		disabled person and who personally appeared before the court at
12		the hearing or who files his waiver of notice.
13		(Source: P.A. 84-555; 84-690.)
14		(755 ILCS 5/9-6) (from Ch. 110 1/2, par. 9-6)
15		Sec. 9-6. Petition to issue letters on presumption of death
16		of decedent - notice - waiver.) (a) Anyone desiring to have
17		original letters of administration issued on the presumption of
18		death of the decedent shall file a petition therefor in the
19		court of the proper county. The petition shall state, in
20		addition to the information required by clauses (c) through (h)
21		of Section 9-4, the facts and circumstances raising the
22		presumption, the name and last known post office address of the
23		decedent and, if known, the name and post office address of
24		each person in possession or control of any property of the
25		decedent.

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1		(b) Not less than 30 days before the hearing on the
2		petition the petitioner shall (1) mail a copy of the petition
3		to the decedent at his last known address, to each heir whose
4		name and post office address are stated in the petition and to
5		each person shown by the petition to be in possession or
6		control of any property of the decedent, and (2) publish a
7		notice of the hearing on the petition once a week for 3
8		successive weeks, the first publication to be not less than 30
9		days before the hearing. The notice shall be published in a
10		newspaper published in the county where the petition is filed.
11		The notice shall state the time and place of the hearing, the
12		name of the decedent and, when known, the names of the heirs.
13		The petitioner shall endorse the time and place of the hearing
14		on each copy of the petition mailed by him. The petitioner
15		shall file a proof of mailing and of publication with the clerk
16		of the court.
17		(c) A copy of the petition need not be sent to any person
18		not designated in the petition as a minor or as a person with a
19		disability disabled person and who personally appeared before
20		the court at the hearing or who filed his waiver of notice.
21		(Source: P.A. 84-555; 84-690.)
22		(755 ILCS 5/9-8) (from Ch. 110 1/2, par. 9-8)
23		Sec. 9-8. Distribution on summary administration. Upon the
24		filing of a petition therefor in the court of the proper county
25		by any interested person and after ascertainment of heirship of

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1		the decedent and admission of the will, if any, to probate, if
2		it appears to the court that:
3		(a) the gross value of the decedent's real and personal
4		estate subject to administration in this State as itemized
5		in the petition does not exceed $100,000;
6		(b) there is no unpaid claim against the estate, or all
7		claimants known to the petitioner, with the amount known by
8		him to be due to each of them, are listed in the petition;
9		(c) no tax will be due to the United States or to this
10		State by reason of the death of the decedent or all such
11		taxes have been paid or provided for or are the obligation
12		of another fiduciary;
13		(d) no person is entitled to a surviving spouse's or
14		child's award under this Act, or a surviving spouse's or
15		child's award is allowable under this Act, and the name and
16		age of each person entitled to an award, with the minimum
17		award allowable under this Act to the surviving spouse or
18		child, or each of them, and the amount, if any, theretofore
19		paid to the spouse or child on such award, are listed in
20		the petition;
21		(e) all heirs and legatees of the decedent have
22		consented in writing to distribution of the estate on
23		summary administration (and if an heir or legatee is a
24		minor or person with a disability disabled person, the
25		consent may be given on his behalf by his parent, spouse,
26		adult child, person in loco parentis, guardian or guardian

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1		ad litem);
2		(f) each distributee gives bond in the value of his
3		distributive share, conditioned to refund the due
4		proportion of any claim entitled to be paid from the estate
5		distributed, including the claim of any person having a
6		prior right to such distribution, together with expenses of
7		recovery, including reasonable attorneys' fees, with
8		surety to be approved by the court. If at any time after
9		payment of a distributive share it becomes necessary for
10		all or any part of the distributive share to be refunded
11		for the payment of any claim entitled to be paid from the
12		estate distributed or to provide for a distribution to any
13		person having a prior right thereto, upon petition of any
14		interested person the court shall order the distributee to
15		refund that portion of his distributive share which is
16		necessary for such purposes. If there is more than one
17		distributee, the court shall apportion among the
18		distributees the amount to be refunded according to the
19		amount received by each of them, but specific and general
20		legacies need not be refunded unless the residue is
21		insufficient to satisfy the claims entitled to be paid from
22		the estate distributed. If a distributee refuses to refund
23		within 60 days after being ordered by the court to do so
24		and upon demand, the refusal is deemed a breach of the bond
25		and a civil action may be maintained by the claimant or
26		person having a prior right to a distribution against the

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1		distributee and the surety or either of them for the amount
2		due together with the expenses of recovery, including
3		reasonable attorneys' fees. The order of the court is
4		evidence of the amount due;
5		(g) the petitioner has published a notice informing all
6		persons of the death of the decedent, of the filing of the
7		petition for distribution of the estate on summary
8		administration and of the date, time and place of the
9		hearing on the petition (the notice having been published
10		once a week for 3 successive weeks in a newspaper published
11		in the county where the petition has been filed, the first
12		publication having been made not less than 30 days prior to
13		the hearing) and has filed proof of publication with the
14		clerk of the court;
15		the court may determine the rights of claimants and other
16		persons interested in the estate, direct payment of claims and
17		distribution of the estate on summary administration and excuse
18		the issuance of letters of office or revoke the letters which
19		have been issued and discharge the representative.
20		Any claimant may file his claim in the proceeding at or
21		before the hearing on the petition, but failure to do so does
22		not deprive the claimant of his right to enforce his claim in
23		any other manner provided by law.
24		A petition for distribution on summary administration may
25		be combined with or filed separately from a petition for
26		probate of a will or for administration of an estate.

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1		(Source: P.A. 93-277, eff. 1-1-04.)
2		(755 ILCS 5/11-3) (from Ch. 110 1/2, par. 11-3)
3		Sec. 11-3. Who may act as guardian.
4		(a) A person is qualified to act as guardian of the person
5		and as guardian of the estate if the court finds that the
6		proposed guardian is capable of providing an active and
7		suitable program of guardianship for the minor and that the
8		proposed guardian:
9		(1) has attained the age of 18 years;
10		(2) is a resident of the United States;
11		(3) is not of unsound mind;
12		(4) is not an adjudged person with a disability
13		disabled person as defined in this Act; and
14		(5) has not been convicted of a felony, unless the
15		court finds appointment of the person convicted of a felony
16		to be in the minor's best interests, and as part of the
17		best interest determination, the court has considered the
18		nature of the offense, the date of offense, and the
19		evidence of the proposed guardian's rehabilitation. No
20		person shall be appointed who has been convicted of a
21		felony involving harm or threat to a child, including a
22		felony sexual offense.
23		One person may be appointed guardian of the person and another
24		person appointed guardian of the estate.
25		(b) The Department of Human Services or the Department of

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1		Children and Family Services may with the approval of the court
2		designate one of its employees to serve without fees as
3		guardian of the estate of a minor patient in a State mental
4		hospital or a resident in a State institution when the value of
5		the personal estate does not exceed $1,000.
6		(Source: P.A. 94-579, eff. 8-12-05.)
7		(755 ILCS 5/Art. XIa heading)
8		ARTICLE XIa
9		GUARDIANS FOR ADULTS WITH DISABILITIES DISABLED ADULTS
10		(755 ILCS 5/11a-1) (from Ch. 110 1/2, par. 11a-1)
11		Sec. 11a-1. Developmental disability defined.)
12		"Developmental disability" means a disability which is
13		attributable to: (a) an intellectual disability, cerebral
14		palsy, epilepsy or autism; or to (b) any other condition which
15		results in impairment similar to that caused by an intellectual
16		disability and which requires services similar to those
17		required by persons with intellectual disabilities
18		intellectually disabled persons. Such disability must
19		originate before the age of 18 years, be expected to continue
20		indefinitely, and constitute a substantial disability
21		handicap.
22		(Source: P.A. 97-227, eff. 1-1-12.)
23		(755 ILCS 5/11a-2) (from Ch. 110 1/2, par. 11a-2)

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1		Sec. 11a-2. "Person with a disability Disabled person"
2		defined.) "Person with a disability Disabled person" means a
3		person 18 years or older who (a) because of mental
4		deterioration or physical incapacity is not fully able to
5		manage his person or estate, or (b) is a person with mental
6		illness or a person with a developmental disability and who
7		because of his mental illness or developmental disability is
8		not fully able to manage his person or estate, or (c) because
9		of gambling, idleness, debauchery or excessive use of
10		intoxicants or drugs, so spends or wastes his estate as to
11		expose himself or his family to want or suffering, or (d) is
12		diagnosed with fetal alcohol syndrome or fetal alcohol effects.
13		(Source: P.A. 95-561, eff. 1-1-08.)
14		(755 ILCS 5/11a-3) (from Ch. 110 1/2, par. 11a-3)
15		Sec. 11a-3. Adjudication of disability; Power to appoint
16		guardian.
17		(a) Upon the filing of a petition by a reputable person or
18		by the alleged person with a disability disabled person himself
19		or on its own motion, the court may adjudge a person to be a
20		person with a disability disabled person, but only if it has
21		been demonstrated by clear and convincing evidence that the
22		person is a person with a disability disabled person as defined
23		in Section 11a-2. If the court adjudges a person to be a person
24		with a disability disabled person, the court may appoint (1) a
25		guardian of his person, if it has been demonstrated by clear

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1		and convincing evidence that because of his disability he lacks
2		sufficient understanding or capacity to make or communicate
3		responsible decisions concerning the care of his person, or (2)
4		a guardian of his estate, if it has been demonstrated by clear
5		and convincing evidence that because of his disability he is
6		unable to manage his estate or financial affairs, or (3) a
7		guardian of his person and of his estate.
8		(b) Guardianship shall be utilized only as is necessary to
9		promote the well-being of the person with a disability disabled
10		person, to protect him from neglect, exploitation, or abuse,
11		and to encourage development of his maximum self-reliance and
12		independence. Guardianship shall be ordered only to the extent
13		necessitated by the individual's actual mental, physical and
14		adaptive limitations.
15		(Source: P.A. 93-435, eff. 1-1-04.)
16		(755 ILCS 5/11a-3.1)
17		Sec. 11a-3.1. Appointment of standby guardian.
18		(a) The guardian of a person with a disability disabled
19		person may designate in any writing, including a will, a person
20		qualified to act under Section 11a-5 to be appointed as standby
21		guardian of the person or estate, or both, of the person with a
22		disability disabled person. The guardian may designate in any
23		writing, including a will, a person qualified to act under
24		Section 11a-5 to be appointed as successor standby guardian of
25		the disabled person's person or estate of the person with a

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1		disability, or both. The designation must be witnessed by 2 or
2		more credible witnesses at least 18 years of age, neither of
3		whom is the person designated as the standby guardian. The
4		designation may be proved by any competent evidence. If the
5		designation is executed and attested in the same manner as a
6		will, it shall have prima facie validity. Prior to designating
7		a proposed standby guardian, the guardian shall consult with
8		the person with a disability disabled person to determine the
9		disabled person's preference of the person with a disability as
10		to the person who will serve as standby guardian. The guardian
11		shall give due consideration to the preference of the person
12		with a disability disabled person in selecting a standby
13		guardian.
14		(b) Upon the filing of a petition for the appointment of a
15		standby guardian, the court may appoint a standby guardian of
16		the person or estate, or both, of the person with a disability
17		disabled person as the court finds to be in the best interest
18		of the person with a disability disabled person. The court
19		shall apply the same standards used in determining the
20		suitability of a plenary or limited guardian in determining the
21		suitability of a standby guardian, giving due consideration to
22		the preference of the person with a disability disabled person
23		as to a standby guardian. The court may not appoint the Office
24		of State Guardian, pursuant to Section 30 of the Guardianship
25		and Advocacy Act, or a public guardian, pursuant to Section
26		13-5 of this Act, as a standby guardian, without the written

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1		consent of the State Guardian or public guardian or an
2		authorized representative of the State Guardian or public
3		guardian.
4		(c) The standby guardian shall take and file an oath or
5		affirmation that the standby guardian will faithfully
6		discharge the duties of the office of standby guardian
7		according to law, and shall file in and have approved by the
8		court a bond binding the standby guardian so to do, but shall
9		not be required to file a bond until the standby guardian
10		assumes all duties as guardian of the person with a disability
11		disabled person under Section 11a-18.2.
12		(d) The designation of a standby guardian may, but need
13		not, be in the following form:
14		DESIGNATION OF STANDBY GUARDIAN
15		[IT IS IMPORTANT TO READ THE FOLLOWING INSTRUCTIONS:
16		A standby guardian is someone who has been appointed by
17		the court as the person who will act as guardian of the
18		person with a disability disabled person when the disabled
19		person's guardian of the person with a disability dies or
20		is no longer willing or able to make and carry out
21		day-to-day care decisions concerning the person with a
22		disability disabled person. By properly completing this
23		form, a guardian is naming the person that the guardian
24		wants to be appointed as the standby guardian of the person
25		with a disability disabled person. Signing the form does
26		not appoint the standby guardian; to be appointed, a

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1		petition must be filed in and approved by the court.]
2		1. Guardian and Ward. I, (insert name of designating
3		guardian), currently residing at (insert address of
4		designating guardian), am the guardian of the following
5		person with a disability disabled person: (insert name of
6		ward).
7		2. Standby Guardian. I hereby designate the following
8		person to be appointed as standby guardian for my ward
9		listed above: (insert name and address of person
10		designated).
11		3. Successor Standby Guardian. If the person named in
12		item 2 above cannot or will not act as standby guardian, I
13		designate the following person to be appointed as successor
14		standby guardian for my ward: (insert name and address of
15		person designated).
16		4. Date and Signature. This designation is made this
17		(insert day) day of (insert month and year).
18		Signed: (designating guardian)
19		5. Witnesses. I saw the guardian sign this designation
20		or the guardian told me that the guardian signed this
21		designation. Then I signed the designation as a witness in
22		the presence of the guardian. I am not designated in this
23		instrument to act as a standby guardian for the guardian's
24		ward. (insert space for names, addresses, and signatures of
25		2 witnesses)
26		(Source: P.A. 90-796, eff. 12-15-98.)

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1		(755 ILCS 5/11a-3.2)
2		Sec. 11a-3.2. Short-term guardian.
3		(a) The guardian of a person with a disability disabled
4		person may appoint in writing, without court approval, a
5		short-term guardian of the person with a disability disabled
6		person to take over the guardian's duties, to the extent
7		provided in Section 11a-18.3, each time the guardian is
8		unavailable or unable to carry out those duties. The guardian
9		shall consult with the person with a disability disabled person
10		to determine the disabled person's preference of the person
11		with a disability concerning the person to be appointed as
12		short-term guardian and the guardian shall give due
13		consideration to the disabled person's preference of the person
14		with a disability in choosing a short-term guardian. The
15		written instrument appointing a short-term guardian shall be
16		dated and shall identify the appointing guardian, the person
17		with a disability disabled person, the person appointed to be
18		the short-term guardian, and the termination date of the
19		appointment. The written instrument shall be signed by, or at
20		the direction of, the appointing guardian in the presence of at
21		least 2 credible witnesses at least 18 years of age, neither of
22		whom is the person appointed as the short-term guardian. The
23		person appointed as the short-term guardian shall also sign the
24		written instrument, but need not sign at the same time as the
25		appointing guardian. A guardian may not appoint the Office of

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1		State Guardian or a public guardian as a short-term guardian,
2		without the written consent of the State Guardian or public
3		guardian or an authorized representative of the State Guardian
4		or public guardian.
5		(b) The appointment of the short-term guardian is effective
6		immediately upon the date the written instrument is executed,
7		unless the written instrument provides for the appointment to
8		become effective upon a later specified date or event. A
9		short-term guardian appointed by the guardian shall have
10		authority to act as guardian of the person with a disability
11		disabled person for a cumulative total of 60 days during any 12
12		month period. Only one written instrument appointing a
13		short-term guardian may be in force at any given time.
14		(c) Every appointment of a short-term guardian may be
15		amended or revoked by the appointing guardian at any time and
16		in any manner communicated to the short-term guardian or to any
17		other person. Any person other than the short-term guardian to
18		whom a revocation or amendment is communicated or delivered
19		shall make all reasonable efforts to inform the short-term
20		guardian of that fact as promptly as possible.
21		(d) The appointment of a short-term guardian or successor
22		short-term guardian does not affect the rights in the person
23		with a disability disabled person of any guardian other than
24		the appointing guardian.
25		(e) The written instrument appointing a short-term
26		guardian may, but need not, be in the following form:

HB4049 Engrossed - 1857 - LRB099 03667 KTG 23678 b
1		APPOINTMENT OF SHORT-TERM GUARDIAN
2		[IT IS IMPORTANT TO READ THE FOLLOWING INSTRUCTIONS:
3		By properly completing this form, a guardian is
4		appointing a short-term guardian of the person with a
5		disability disabled person for a cumulative total of up to
6		60 days during any 12 month period. A separate form shall
7		be completed each time a short-term guardian takes over
8		guardianship duties. The person or persons appointed as the
9		short-term guardian shall sign the form, but need not do so
10		at the same time as the guardian.]
11		1. Guardian and Ward. I, (insert name of appointing
12		guardian), currently residing at (insert address of
13		appointing guardian), am the guardian of the following
14		person with a disability disabled person: (insert name of
15		ward).
16		2. Short-term Guardian. I hereby appoint the following
17		person as the short-term guardian for my ward: (insert name
18		and address of appointed person).
19		3. Effective date. This appointment becomes effective:
20		(check one if you wish it to be applicable)
21		( ) On the date that I state in writing that I am no
22		longer either willing or able to make and carry out
23		day-to-day care decisions concerning my ward.
24		( ) On the date that a physician familiar with my
25		condition certifies in writing that I am no longer willing

HB4049 Engrossed - 1858 - LRB099 03667 KTG 23678 b
1		or able to make and carry out day-to-day care decisions
2		concerning my ward.
3		( ) On the date that I am admitted as an in-patient to
4		a hospital or other health care institution.
5		( ) On the following date: (insert date).
6		( ) Other: (insert other).
7		[NOTE: If this item is not completed, the appointment
8		is effective immediately upon the date the form is signed
9		and dated below.]
10		4. Termination. This appointment shall terminate on:
11		(enter a date corresponding to 60 days from the current
12		date, less the number of days within the past 12 months
13		that any short-term guardian has taken over guardianship
14		duties), unless it terminates sooner as determined by the
15		event or date I have indicated below: (check one if you
16		wish it to be applicable)
17		( ) On the date that I state in writing that I am
18		willing and able to make and carry out day-to-day care
19		decisions concerning my ward.
20		( ) On the date that a physician familiar with my
21		condition certifies in writing that I am willing and able
22		to make and carry out day-to-day care decisions concerning
23		my ward.
24		( ) On the date that I am discharged from the hospital
25		or other health care institution where I was admitted as an
26		in-patient, which established the effective date.

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1		( ) On the date which is (state a number of days) days
2		after the effective date.
3		( ) Other: (insert other).
4		[NOTE: If this item is not completed, the appointment
5		will be effective until the 60th day within the past year
6		during which time any short-term guardian of this ward had
7		taken over guardianship duties from the guardian,
8		beginning on the effective date.]
9		5. Date and signature of appointing guardian. This
10		appointment is made this (insert day) day of (insert month
11		and year).
12		Signed: (appointing guardian)
13		6. Witnesses. I saw the guardian sign this instrument
14		or I saw the guardian direct someone to sign this
15		instrument for the guardian. Then I signed this instrument
16		as a witness in the presence of the guardian. I am not
17		appointed in this instrument to act as the short-term
18		guardian for the guardian's ward. (insert space for names,
19		addresses, and signatures of 2 witnesses)
20		7. Acceptance of short-term guardian. I accept this
21		appointment as short-term guardian on this (insert day) day
22		of (insert month and year).
23		Signed: (short-term guardian)
24		(f) Each time the guardian appoints a short-term guardian,
25		the guardian shall: (i) provide the person with a disability
26		disabled person with the name, address, and telephone number of

HB4049 Engrossed - 1860 - LRB099 03667 KTG 23678 b
1		the short-term guardian; (ii) advise the person with a
2		disability disabled person that he has the right to object to
3		the appointment of the short-term guardian by filing a petition
4		in court; and (iii) notify the person with a disability
5		disabled person when the short-term guardian will be taking
6		over guardianship duties and the length of time that the
7		short-term guardian will be acting as guardian.
8		(Source: P.A. 90-796, eff. 12-15-98.)
9		(755 ILCS 5/11a-4) (from Ch. 110 1/2, par. 11a-4)
10		Sec. 11a-4. Temporary guardian.
11		(a) Prior to the appointment of a guardian under this
12		Article, pending an appeal in relation to the appointment, or
13		pending the completion of a citation proceeding brought
14		pursuant to Section 23-3 of this Act, or upon a guardian's
15		death, incapacity, or resignation, the court may appoint a
16		temporary guardian upon a showing of the necessity therefor for
17		the immediate welfare and protection of the alleged person with
18		a disability disabled person or his or her estate on such
19		notice and subject to such conditions as the court may
20		prescribe. In determining the necessity for temporary
21		guardianship, the immediate welfare and protection of the
22		alleged person with a disability disabled person and his or her
23		estate shall be of paramount concern, and the interests of the
24		petitioner, any care provider, or any other party shall not
25		outweigh the interests of the alleged person with a disability

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1		disabled person. The temporary guardian shall have all of the
2		powers and duties of a guardian of the person or of the estate
3		which are specifically enumerated by court order. The court
4		order shall state the actual harm identified by the court that
5		necessitates temporary guardianship or any extension thereof.
6		(b) The temporary guardianship shall expire within 60 days
7		after the appointment or whenever a guardian is regularly
8		appointed, whichever occurs first. No extension shall be
9		granted except:
10		(1) In a case where there has been an adjudication of
11		disability, an extension shall be granted:
12		(i) pending the disposition on appeal of an
13		adjudication of disability;
14		(ii) pending the completion of a citation
15		proceeding brought pursuant to Section 23-3;
16		(iii) pending the appointment of a successor
17		guardian in a case where the former guardian has
18		resigned, has become incapacitated, or is deceased; or
19		(iv) where the guardian's powers have been
20		suspended pursuant to a court order.
21		(2) In a case where there has not been an adjudication
22		of disability, an extension shall be granted pending the
23		disposition of a petition brought pursuant to Section 11a-8
24		so long as the court finds it is in the best interest of
25		the alleged person with a disability disabled person to
26		extend the temporary guardianship so as to protect the

HB4049 Engrossed - 1862 - LRB099 03667 KTG 23678 b
1		alleged person with a disability disabled person from any
2		potential abuse, neglect, self-neglect, exploitation, or
3		other harm and such extension lasts no more than 120 days
4		from the date the temporary guardian was originally
5		appointed.
6		The ward shall have the right any time after the
7		appointment of a temporary guardian is made to petition the
8		court to revoke the appointment of the temporary guardian.
9		(Source: P.A. 97-614, eff. 1-1-12.)
10		(755 ILCS 5/11a-5) (from Ch. 110 1/2, par. 11a-5)
11		Sec. 11a-5. Who may act as guardian.
12		(a) A person is qualified to act as guardian of the person
13		and as guardian of the estate of a person with a disability
14		disabled person if the court finds that the proposed guardian
15		is capable of providing an active and suitable program of
16		guardianship for the person with a disability disabled person
17		and that the proposed guardian:
18		(1) has attained the age of 18 years;
19		(2) is a resident of the United States;
20		(3) is not of unsound mind;
21		(4) is not an adjudged person with a disability
22		disabled person as defined in this Act; and
23		(5) has not been convicted of a felony, unless the
24		court finds appointment of the person convicted of a felony
25		to be in the disabled person's best interests of the person

HB4049 Engrossed - 1863 - LRB099 03667 KTG 23678 b
1		with a disability, and as part of the best interest
2		determination, the court has considered the nature of the
3		offense, the date of offense, and the evidence of the
4		proposed guardian's rehabilitation. No person shall be
5		appointed who has been convicted of a felony involving harm
6		or threat to a minor or an elderly person or a person with
7		a disability or disabled person, including a felony sexual
8		offense.
9		(b) Any public agency, or not-for-profit corporation found
10		capable by the court of providing an active and suitable
11		program of guardianship for the person with a disability
12		disabled person, taking into consideration the nature of such
13		person's disability and the nature of such organization's
14		services, may be appointed guardian of the person or of the
15		estate, or both, of the person with a disability disabled
16		person. The court shall not appoint as guardian an agency which
17		is directly providing residential services to the ward. One
18		person or agency may be appointed guardian of the person and
19		another person or agency appointed guardian of the estate.
20		(c) Any corporation qualified to accept and execute trusts
21		in this State may be appointed guardian of the estate of a
22		person with a disability disabled person.
23		(Source: P.A. 98-120, eff. 1-1-14.)
24		(755 ILCS 5/11a-6) (from Ch. 110 1/2, par. 11a-6)
25		Sec. 11a-6. Designation of Guardian.) A person, while of

HB4049 Engrossed - 1864 - LRB099 03667 KTG 23678 b
1		sound mind and memory, may designate in writing a person,
2		corporation or public agency qualified to act under Section
3		11a-5, to be appointed as guardian or as successor guardian of
4		his person or of his estate or both, in the event he is
5		adjudged to be a person with a disability disabled person. The
6		designation may be proved by any competent evidence, but if it
7		is executed and attested in the same manner as a will, it shall
8		have prima facie validity. If the court finds that the
9		appointment of the one designated will serve the best interests
10		and welfare of the ward, it shall make the appointment in
11		accordance with the designation. The selection of the guardian
12		shall be in the discretion of the court whether or not a
13		designation is made.
14		(Source: P.A. 81-795.)
15		(755 ILCS 5/11a-8) (from Ch. 110 1/2, par. 11a-8)
16		Sec. 11a-8. Petition. The petition for adjudication of
17		disability and for the appointment of a guardian of the estate
18		or the person or both of an alleged person with a disability
19		disabled person must state, if known or reasonably
20		ascertainable: (a) the relationship and interest of the
21		petitioner to the respondent; (b) the name, date of birth, and
22		place of residence of the respondent; (c) the reasons for the
23		guardianship; (d) the name and post office address of the
24		respondent's guardian, if any, or of the respondent's agent or
25		agents appointed under the Illinois Power of Attorney Act, if

HB4049 Engrossed - 1865 - LRB099 03667 KTG 23678 b
1		any; (e) the name and post office addresses of the nearest
2		relatives of the respondent in the following order: (1) the
3		spouse and adult children, parents and adult brothers and
4		sisters, if any; if none, (2) nearest adult kindred known to
5		the petitioner; (f) the name and address of the person with
6		whom or the facility in which the respondent is residing; (g)
7		the approximate value of the personal and real estate; (h) the
8		amount of the anticipated annual gross income and other
9		receipts; (i) the name, post office address and in case of an
10		individual, the age, relationship to the respondent and
11		occupation of the proposed guardian. In addition, if the
12		petition seeks the appointment of a previously appointed
13		standby guardian as guardian of the person with a disability
14		disabled person, the petition must also state: (j) the facts
15		concerning the standby guardian's previous appointment and (k)
16		the date of death of the disabled person's guardian of the
17		person with a disability or the facts concerning the consent of
18		the disabled person's guardian of the person with a disability
19		to the appointment of the standby guardian as guardian, or the
20		willingness and ability of the disabled person's guardian of
21		the person with a disability to make and carry out day-to-day
22		care decisions concerning the person with a disability disabled
23		person. A petition for adjudication of disability and the
24		appointment of a guardian of the estate or the person or both
25		of an alleged person with a disability disabled person may not
26		be dismissed or withdrawn without leave of the court.

HB4049 Engrossed - 1866 - LRB099 03667 KTG 23678 b
1		(Source: P.A. 89-396, eff. 8-20-95; 90-796, eff. 12-15-98.)
2		(755 ILCS 5/11a-8.1)
3		Sec. 11a-8.1. Petition for standby guardian of the person
4		with a disability disabled person. The petition for appointment
5		of a standby guardian of the person or the estate, or both, of
6		a person with a disability disabled person must state, if
7		known: (a) the name, date of birth, and residence of the person
8		with a disability disabled person; (b) the names and post
9		office addresses of the nearest relatives of the person with a
10		disability disabled person in the following order: (1) the
11		spouse and adult children, parents and adult brothers and
12		sisters, if any; if none, (2) nearest adult kindred known to
13		the petitioner; (c) the name and post office address of the
14		person having guardianship of the person with a disability
15		disabled person, and of any person or persons acting as agents
16		of the person with a disability disabled person under the
17		Illinois Power of Attorney Act; (d) the name, post office
18		address, and, in case of any individual, the age and occupation
19		of the proposed standby guardian; (e) the preference of the
20		person with a disability disabled person as to the choice of
21		standby guardian; (f) the facts concerning the consent of the
22		disabled person's guardian of the person with a disability to
23		the appointment of the standby guardian, or the willingness and
24		ability of the disabled person's guardian of the person with a
25		disability to make and carry out day-to-day care decisions

HB4049 Engrossed - 1867 - LRB099 03667 KTG 23678 b
1		concerning the person with a disability disabled person; (g)
2		the facts concerning the execution or admission to probate of
3		the written designation of the standby guardian, if any, a copy
4		of which shall be attached to or filed with the petition; (h)
5		the facts concerning any guardianship court actions pending
6		concerning the person with a disability disabled person; and
7		(i) the facts concerning the willingness of the proposed
8		standby guardian to serve, and in the case of the Office of
9		State Guardian and any public guardian, evidence of a written
10		acceptance to serve signed by the State Guardian or public
11		guardian or an authorized representative of the State Guardian
12		or public guardian, consistent with subsection (b) of Section
13		11a-3.1.
14		(Source: P.A. 90-796, eff. 12-15-98.)
15		(755 ILCS 5/11a-10) (from Ch. 110 1/2, par. 11a-10)
16		Sec. 11a-10. Procedures preliminary to hearing.
17		(a) Upon the filing of a petition pursuant to Section
18		11a-8, the court shall set a date and place for hearing to take
19		place within 30 days. The court shall appoint a guardian ad
20		litem to report to the court concerning the respondent's best
21		interests consistent with the provisions of this Section,
22		except that the appointment of a guardian ad litem shall not be
23		required when the court determines that such appointment is not
24		necessary for the protection of the respondent or a reasonably
25		informed decision on the petition. If the guardian ad litem is

HB4049 Engrossed - 1868 - LRB099 03667 KTG 23678 b
1		not a licensed attorney, he or she shall be qualified, by
2		training or experience, to work with or advocate for persons
3		with developmental disabilities the developmentally disabled,
4		the mentally ill, persons with physical disabilities
5		physically disabled, the elderly, or persons with a disability
6		due to disabled because of mental deterioration, depending on
7		the type of disability that is alleged in the petition. The
8		court may allow the guardian ad litem reasonable compensation.
9		The guardian ad litem may consult with a person who by training
10		or experience is qualified to work with persons with a
11		developmental disability, persons with mental illness, or
12		persons with physical disabilities physically disabled
13		persons, or persons with a disability due to disabled because
14		of mental deterioration, depending on the type of disability
15		that is alleged. The guardian ad litem shall personally observe
16		the respondent prior to the hearing and shall inform him orally
17		and in writing of the contents of the petition and of his
18		rights under Section 11a-11. The guardian ad litem shall also
19		attempt to elicit the respondent's position concerning the
20		adjudication of disability, the proposed guardian, a proposed
21		change in residential placement, changes in care that might
22		result from the guardianship, and other areas of inquiry deemed
23		appropriate by the court. Notwithstanding any provision in the
24		Mental Health and Developmental Disabilities Confidentiality
25		Act or any other law, a guardian ad litem shall have the right
26		to inspect and copy any medical or mental health record of the

HB4049 Engrossed - 1869 - LRB099 03667 KTG 23678 b
1		respondent which the guardian ad litem deems necessary,
2		provided that the information so disclosed shall not be
3		utilized for any other purpose nor be redisclosed except in
4		connection with the proceedings. At or before the hearing, the
5		guardian ad litem shall file a written report detailing his or
6		her observations of the respondent, the responses of the
7		respondent to any of the inquires detailed in this Section, the
8		opinion of the guardian ad litem or other professionals with
9		whom the guardian ad litem consulted concerning the
10		appropriateness of guardianship, and any other material issue
11		discovered by the guardian ad litem. The guardian ad litem
12		shall appear at the hearing and testify as to any issues
13		presented in his or her report.
14		(b) The court (1) may appoint counsel for the respondent,
15		if the court finds that the interests of the respondent will be
16		best served by the appointment, and (2) shall appoint counsel
17		upon respondent's request or if the respondent takes a position
18		adverse to that of the guardian ad litem. The respondent shall
19		be permitted to obtain the appointment of counsel either at the
20		hearing or by any written or oral request communicated to the
21		court prior to the hearing. The summons shall inform the
22		respondent of this right to obtain appointed counsel. The court
23		may allow counsel for the respondent reasonable compensation.
24		(c) If the respondent is unable to pay the fee of the
25		guardian ad litem or appointed counsel, or both, the court may
26		enter an order for the petitioner to pay all such fees or such

HB4049 Engrossed - 1870 - LRB099 03667 KTG 23678 b
1		amounts as the respondent or the respondent's estate may be
2		unable to pay. However, in cases where the Office of State
3		Guardian is the petitioner, consistent with Section 30 of the
4		Guardianship and Advocacy Act, where the public guardian is the
5		petitioner, consistent with Section 13-5 of the Probate Act of
6		1975, where an adult protective services agency is the
7		petitioner, pursuant to Section 9 of the Adult Protective
8		Services Act, or where the Department of Children and Family
9		Services is the petitioner under subparagraph (d) of subsection
10		(1) of Section 2-27 of the Juvenile Court Act of 1987, no
11		guardian ad litem or legal fees shall be assessed against the
12		Office of State Guardian, the public guardian, the adult
13		protective services agency, or the Department of Children and
14		Family Services.
15		(d) The hearing may be held at such convenient place as the
16		court directs, including at a facility in which the respondent
17		resides.
18		(e) Unless he is the petitioner, the respondent shall be
19		personally served with a copy of the petition and a summons not
20		less than 14 days before the hearing. The summons shall be
21		printed in large, bold type and shall include the following
22		notice:
23		NOTICE OF RIGHTS OF RESPONDENT
24		You have been named as a respondent in a guardianship
25		petition asking that you be declared a person with a disability
26		disabled person. If the court grants the petition, a guardian

HB4049 Engrossed - 1871 - LRB099 03667 KTG 23678 b
1		will be appointed for you. A copy of the guardianship petition
2		is attached for your convenience.
3		The date and time of the hearing are:
4		The place where the hearing will occur is:
5		The Judge's name and phone number is:
6		If a guardian is appointed for you, the guardian may be
7		given the right to make all important personal decisions for
8		you, such as where you may live, what medical treatment you may
9		receive, what places you may visit, and who may visit you. A
10		guardian may also be given the right to control and manage your
11		money and other property, including your home, if you own one.
12		You may lose the right to make these decisions for yourself.
13		You have the following legal rights:
14		(1) You have the right to be present at the court
15		hearing.
16		(2) You have the right to be represented by a lawyer,
17		either one that you retain, or one appointed by the Judge.
18		(3) You have the right to ask for a jury of six persons
19		to hear your case.
20		(4) You have the right to present evidence to the court
21		and to confront and cross-examine witnesses.
22		(5) You have the right to ask the Judge to appoint an
23		independent expert to examine you and give an opinion about
24		your need for a guardian.
25		(6) You have the right to ask that the court hearing be
26		closed to the public.

HB4049 Engrossed - 1872 - LRB099 03667 KTG 23678 b
1		(7) You have the right to tell the court whom you
2		prefer to have for your guardian.
3		You do not have to attend the court hearing if you do not
4		want to be there. If you do not attend, the Judge may appoint a
5		guardian if the Judge finds that a guardian would be of benefit
6		to you. The hearing will not be postponed or canceled if you do
7		not attend.
8		IT IS VERY IMPORTANT THAT YOU ATTEND THE HEARING IF YOU DO
9		NOT WANT A GUARDIAN OR IF YOU WANT SOMEONE OTHER THAN THE
10		PERSON NAMED IN THE GUARDIANSHIP PETITION TO BE YOUR GUARDIAN.
11		IF YOU DO NOT WANT A GUARDIAN OF IF YOU HAVE ANY OTHER
12		PROBLEMS, YOU SHOULD CONTACT AN ATTORNEY OR COME TO COURT AND
13		TELL THE JUDGE.
14		Service of summons and the petition may be made by a
15		private person 18 years of age or over who is not a party to the
16		action.
17		(f) Notice of the time and place of the hearing shall be
18		given by the petitioner by mail or in person to those persons,
19		including the proposed guardian, whose names and addresses
20		appear in the petition and who do not waive notice, not less
21		than 14 days before the hearing.
22		(Source: P.A. 97-375, eff. 8-15-11; 97-1095, eff. 8-24-12;
23		98-49, eff. 7-1-13; 98-89, eff. 7-15-13; 98-756, eff. 7-16-14.)
24		(755 ILCS 5/11a-10.2)
25		Sec. 11a-10.2. Procedure for appointment of a standby

HB4049 Engrossed - 1873 - LRB099 03667 KTG 23678 b
1		guardian or a guardian of a person with a disability disabled
2		person. In any proceeding for the appointment of a standby
3		guardian or a guardian the court may appoint a guardian ad
4		litem to represent the person with a disability disabled person
5		in the proceeding.
6		(Source: P.A. 90-796, eff. 12-15-98.)
7		(755 ILCS 5/11a-11) (from Ch. 110 1/2, par. 11a-11)
8		Sec. 11a-11. Hearing.
9		(a) The respondent is entitled to be represented by
10		counsel, to demand a jury of 6 persons, to present evidence,
11		and to confront and cross-examine all witnesses. The hearing
12		may be closed to the public on request of the respondent, the
13		guardian ad litem, or appointed or other counsel for the
14		respondent. Unless excused by the court upon a showing that the
15		respondent refuses to be present or will suffer harm if
16		required to attend, the respondent shall be present at the
17		hearing.
18		(b) (Blank).
19		(c) (Blank).
20		(d) In an uncontested proceeding for the appointment of a
21		guardian the person who prepared the report required by Section
22		11a-9 will only be required to testify at trial upon order of
23		court for cause shown.
24		(e) At the hearing the court shall inquire regarding: (1)
25		the nature and extent of respondent's general intellectual and

HB4049 Engrossed - 1874 - LRB099 03667 KTG 23678 b
1		physical functioning; (2) the extent of the impairment of his
2		adaptive behavior if he is a person with a developmental
3		disability, or the nature and severity of his mental illness if
4		he is a person with mental illness; (3) the understanding and
5		capacity of the respondent to make and communicate responsible
6		decisions concerning his person; (4) the capacity of the
7		respondent to manage his estate and his financial affairs; (5)
8		the appropriateness of proposed and alternate living
9		arrangements; (6) the impact of the disability upon the
10		respondent's functioning in the basic activities of daily
11		living and the important decisions faced by the respondent or
12		normally faced by adult members of the respondent's community;
13		and (7) any other area of inquiry deemed appropriate by the
14		court.
15		(f) An authenticated transcript of the evidence taken in a
16		judicial proceeding concerning the respondent under the Mental
17		Health and Developmental Disabilities Code is admissible in
18		evidence at the hearing.
19		(g) If the petition is for the appointment of a guardian
20		for a beneficiary disabled beneficiary of the Veterans
21		Administration who has a disability, a certificate of the
22		Administrator of Veterans Affairs or his representative
23		stating that the beneficiary has been determined to be
24		incompetent by the Veterans Administration on examination in
25		accordance with the laws and regulations governing the Veterans
26		Administration in effect upon the date of the issuance of the

HB4049 Engrossed - 1875 - LRB099 03667 KTG 23678 b
1		certificate and that the appointment of a guardian is a
2		condition precedent to the payment of any money due the
3		beneficiary by the Veterans Administration, is admissible in
4		evidence at the hearing.
5		(Source: P.A. 98-1094, eff. 1-1-15.)
6		(755 ILCS 5/11a-12) (from Ch. 110 1/2, par. 11a-12)
7		Sec. 11a-12. Order of appointment.)
8		(a) If basis for the appointment of a guardian as specified
9		in Section 11a-3 is not found, the court shall dismiss the
10		petition.
11		(b) If the respondent is adjudged to be a person with a
12		disability disabled and to lack some but not all of the
13		capacity as specified in Section 11a-3, and if the court finds
14		that guardianship is necessary for the protection of the person
15		with a disability disabled person, his or her estate, or both,
16		the court shall appoint a limited guardian for the respondent's
17		person or estate or both. The court shall enter a written order
18		stating the factual basis for its findings and specifying the
19		duties and powers of the guardian and the legal disabilities to
20		which the respondent is subject.
21		(c) If the respondent is adjudged to be a person with a
22		disability disabled and to be totally without capacity as
23		specified in Section 11a-3, and if the court finds that limited
24		guardianship will not provide sufficient protection for the
25		person with a disability disabled person, his or her estate, or

HB4049 Engrossed - 1876 - LRB099 03667 KTG 23678 b
1		both, the court shall appoint a plenary guardian for the
2		respondent's person or estate or both. The court shall enter a
3		written order stating the factual basis for its findings.
4		(d) The selection of the guardian shall be in the
5		discretion of the court, which shall give due consideration to
6		the preference of the person with a disability disabled person
7		as to a guardian, as well as the qualifications of the proposed
8		guardian, in making its appointment. However, the paramount
9		concern in the selection of the guardian is the best interest
10		and well-being of the person with a disability disabled person.
11		(Source: P.A. 97-1093, eff. 1-1-13; 98-1094, eff. 1-1-15.)
12		(755 ILCS 5/11a-13) (from Ch. 110 1/2, par. 11a-13)
13		Sec. 11a-13. Costs in certain cases.) (a) No costs may be
14		taxed or charged by any public officer in any proceeding for
15		the appointment of a guardian or for any subsequent proceeding
16		or report made in pursuance of the appointment when the primary
17		purpose of the appointment is as set forth in Section 11-11 or
18		is the management of the estate of a person with a mental
19		disability mentally disabled person who resides in a state
20		mental health or developmental disabilities facility when the
21		value of the personal estate does not exceed $1,000.
22		(b) No costs shall be taxed or charged against the Office
23		of the State Guardian by any public officer in any proceeding
24		for the appointment of a guardian or for any subsequent
25		proceeding or report made in pursuance of the appointment.

HB4049 Engrossed - 1877 - LRB099 03667 KTG 23678 b
1		(Source: P.A. 80-1415.)
2		(755 ILCS 5/11a-16) (from Ch. 110 1/2, par. 11a-16)
3		Sec. 11a-16. Testamentary guardian.) A parent of a person
4		with a disability disabled person may designate by will a
5		person, corporation or public agency qualified to act under
6		Section 11a-5, to be appointed as guardian or as successor
7		guardian of the person or of the estate or both of that person.
8		If a conservator appointed under a prior law or a guardian
9		appointed under this Article is acting at the time of the death
10		of the parent, the designation shall become effective only upon
11		the death, incapacity, resignation or removal of the
12		conservator or guardian. If no conservator or guardian is
13		acting at the time of the death of the parent, the person,
14		corporation or public agency so designated or any other person
15		may petition the court having jurisdiction over the person or
16		estate or both of the child for the appointment of the one so
17		designated. The designation shall be proved in the manner
18		provided for proof of will. Admission of the will to probate in
19		any other jurisdiction shall be conclusive proof of the
20		validity of the designation. If the court finds that the
21		appointment of the one so designated will serve the best
22		interests and welfare of the ward, it shall appoint the one so
23		designated. The selection of a guardian shall be in the
24		discretion of the court, whether or not a designation is made.
25		(Source: P.A. 81-795.)

HB4049 Engrossed - 1878 - LRB099 03667 KTG 23678 b
1		(755 ILCS 5/11a-17) (from Ch. 110 1/2, par. 11a-17)
2		Sec. 11a-17. Duties of personal guardian.
3		(a) To the extent ordered by the court and under the
4		direction of the court, the guardian of the person shall have
5		custody of the ward and the ward's minor and adult dependent
6		children and shall procure for them and shall make provision
7		for their support, care, comfort, health, education and
8		maintenance, and professional services as are appropriate, but
9		the ward's spouse may not be deprived of the custody and
10		education of the ward's minor and adult dependent children,
11		without the consent of the spouse, unless the court finds that
12		the spouse is not a fit and competent person to have that
13		custody and education. The guardian shall assist the ward in
14		the development of maximum self-reliance and independence. The
15		guardian of the person may petition the court for an order
16		directing the guardian of the estate to pay an amount
17		periodically for the provision of the services specified by the
18		court order. If the ward's estate is insufficient to provide
19		for education and the guardian of the ward's person fails to
20		provide education, the court may award the custody of the ward
21		to some other person for the purpose of providing education. If
22		a person makes a settlement upon or provision for the support
23		or education of a ward, the court may make an order for the
24		visitation of the ward by the person making the settlement or
25		provision as the court deems proper. A guardian of the person

HB4049 Engrossed - 1879 - LRB099 03667 KTG 23678 b
1		may not admit a ward to a mental health facility except at the
2		ward's request as provided in Article IV of the Mental Health
3		and Developmental Disabilities Code and unless the ward has the
4		capacity to consent to such admission as provided in Article IV
5		of the Mental Health and Developmental Disabilities Code.
6		(a-5) If the ward filed a petition for dissolution of
7		marriage under the Illinois Marriage and Dissolution of
8		Marriage Act before the ward was adjudicated a person with a
9		disability disabled person under this Article, the guardian of
10		the ward's person and estate may maintain that action for
11		dissolution of marriage on behalf of the ward. Upon petition by
12		the guardian of the ward's person or estate, the court may
13		authorize and direct a guardian of the ward's person or estate
14		to file a petition for dissolution of marriage or to file a
15		petition for legal separation or declaration of invalidity of
16		marriage under the Illinois Marriage and Dissolution of
17		Marriage Act on behalf of the ward if the court finds by clear
18		and convincing evidence that the relief sought is in the ward's
19		best interests. In making its determination, the court shall
20		consider the standards set forth in subsection (e) of this
21		Section.
22		(a-10) Upon petition by the guardian of the ward's person
23		or estate, the court may authorize and direct a guardian of the
24		ward's person or estate to consent, on behalf of the ward, to
25		the ward's marriage pursuant to Part II of the Illinois
26		Marriage and Dissolution of Marriage Act if the court finds by

HB4049 Engrossed - 1880 - LRB099 03667 KTG 23678 b
1		clear and convincing evidence that the marriage is in the
2		ward's best interests. In making its determination, the court
3		shall consider the standards set forth in subsection (e) of
4		this Section. Upon presentation of a court order authorizing
5		and directing a guardian of the ward's person and estate to
6		consent to the ward's marriage, the county clerk shall accept
7		the guardian's application, appearance, and signature on
8		behalf of the ward for purposes of issuing a license to marry
9		under Section 203 of the Illinois Marriage and Dissolution of
10		Marriage Act.
11		(b) If the court directs, the guardian of the person shall
12		file with the court at intervals indicated by the court, a
13		report that shall state briefly: (1) the current mental,
14		physical, and social condition of the ward and the ward's minor
15		and adult dependent children; (2) their present living
16		arrangement, and a description and the address of every
17		residence where they lived during the reporting period and the
18		length of stay at each place; (3) a summary of the medical,
19		educational, vocational, and other professional services given
20		to them; (4) a resume of the guardian's visits with and
21		activities on behalf of the ward and the ward's minor and adult
22		dependent children; (5) a recommendation as to the need for
23		continued guardianship; (6) any other information requested by
24		the court or useful in the opinion of the guardian. The Office
25		of the State Guardian shall assist the guardian in filing the
26		report when requested by the guardian. The court may take such

HB4049 Engrossed - 1881 - LRB099 03667 KTG 23678 b
1		action as it deems appropriate pursuant to the report.
2		(c) Absent court order pursuant to the Illinois Power of
3		Attorney Act directing a guardian to exercise powers of the
4		principal under an agency that survives disability, the
5		guardian has no power, duty, or liability with respect to any
6		personal or health care matters covered by the agency. This
7		subsection (c) applies to all agencies, whenever and wherever
8		executed.
9		(d) A guardian acting as a surrogate decision maker under
10		the Health Care Surrogate Act shall have all the rights of a
11		surrogate under that Act without court order including the
12		right to make medical treatment decisions such as decisions to
13		forgo or withdraw life-sustaining treatment. Any decisions by
14		the guardian to forgo or withdraw life-sustaining treatment
15		that are not authorized under the Health Care Surrogate Act
16		shall require a court order. Nothing in this Section shall
17		prevent an agent acting under a power of attorney for health
18		care from exercising his or her authority under the Illinois
19		Power of Attorney Act without further court order, unless a
20		court has acted under Section 2-10 of the Illinois Power of
21		Attorney Act. If a guardian is also a health care agent for the
22		ward under a valid power of attorney for health care, the
23		guardian acting as agent may execute his or her authority under
24		that act without further court order.
25		(e) Decisions made by a guardian on behalf of a ward shall
26		be made in accordance with the following standards for decision

HB4049 Engrossed - 1882 - LRB099 03667 KTG 23678 b
1		making. Decisions made by a guardian on behalf of a ward may be
2		made by conforming as closely as possible to what the ward, if
3		competent, would have done or intended under the circumstances,
4		taking into account evidence that includes, but is not limited
5		to, the ward's personal, philosophical, religious and moral
6		beliefs, and ethical values relative to the decision to be made
7		by the guardian. Where possible, the guardian shall determine
8		how the ward would have made a decision based on the ward's
9		previously expressed preferences, and make decisions in
10		accordance with the preferences of the ward. If the ward's
11		wishes are unknown and remain unknown after reasonable efforts
12		to discern them, the decision shall be made on the basis of the
13		ward's best interests as determined by the guardian. In
14		determining the ward's best interests, the guardian shall weigh
15		the reason for and nature of the proposed action, the benefit
16		or necessity of the action, the possible risks and other
17		consequences of the proposed action, and any available
18		alternatives and their risks, consequences and benefits, and
19		shall take into account any other information, including the
20		views of family and friends, that the guardian believes the
21		ward would have considered if able to act for herself or
22		himself.
23		(f) Upon petition by any interested person (including the
24		standby or short-term guardian), with such notice to interested
25		persons as the court directs and a finding by the court that it
26		is in the best interest of the person with a disability

HB4049 Engrossed - 1883 - LRB099 03667 KTG 23678 b
1		disabled person, the court may terminate or limit the authority
2		of a standby or short-term guardian or may enter such other
3		orders as the court deems necessary to provide for the best
4		interest of the person with a disability disabled person. The
5		petition for termination or limitation of the authority of a
6		standby or short-term guardian may, but need not, be combined
7		with a petition to have another guardian appointed for the
8		person with a disability disabled person.
9		(Source: P.A. 98-1107, eff. 8-26-14.)
10		(755 ILCS 5/11a-18) (from Ch. 110 1/2, par. 11a-18)
11		Sec. 11a-18. Duties of the estate guardian.
12		(a) To the extent specified in the order establishing the
13		guardianship, the guardian of the estate shall have the care,
14		management and investment of the estate, shall manage the
15		estate frugally and shall apply the income and principal of the
16		estate so far as necessary for the comfort and suitable support
17		and education of the ward, his minor and adult dependent
18		children, and persons related by blood or marriage who are
19		dependent upon or entitled to support from him, or for any
20		other purpose which the court deems to be for the best
21		interests of the ward, and the court may approve the making on
22		behalf of the ward of such agreements as the court determines
23		to be for the ward's best interests. The guardian may make
24		disbursement of his ward's funds and estate directly to the
25		ward or other distributee or in such other manner and in such

HB4049 Engrossed - 1884 - LRB099 03667 KTG 23678 b
1		amounts as the court directs. If the estate of a ward is
2		derived in whole or in part from payments of compensation,
3		adjusted compensation, pension, insurance or other similar
4		benefits made directly to the estate by the Veterans
5		Administration, notice of the application for leave to invest
6		or expend the ward's funds or estate, together with a copy of
7		the petition and proposed order, shall be given to the
8		Veterans' Administration Regional Office in this State at least
9		7 days before the hearing on the application.
10		(a-5) The probate court, upon petition of a guardian, other
11		than the guardian of a minor, and after notice to all other
12		persons interested as the court directs, may authorize the
13		guardian to exercise any or all powers over the estate and
14		business affairs of the ward that the ward could exercise if
15		present and not under disability. The court may authorize the
16		taking of an action or the application of funds not required
17		for the ward's current and future maintenance and support in
18		any manner approved by the court as being in keeping with the
19		ward's wishes so far as they can be ascertained. The court must
20		consider the permanence of the ward's disabling condition and
21		the natural objects of the ward's bounty. In ascertaining and
22		carrying out the ward's wishes the court may consider, but
23		shall not be limited to, minimization of State or federal
24		income, estate, or inheritance taxes; and providing gifts to
25		charities, relatives, and friends that would be likely
26		recipients of donations from the ward. The ward's wishes as

HB4049 Engrossed - 1885 - LRB099 03667 KTG 23678 b
1		best they can be ascertained shall be carried out, whether or
2		not tax savings are involved. Actions or applications of funds
3		may include, but shall not be limited to, the following:
4		(1) making gifts of income or principal, or both, of
5		the estate, either outright or in trust;
6		(2) conveying, releasing, or disclaiming his or her
7		contingent and expectant interests in property, including
8		marital property rights and any right of survivorship
9		incident to joint tenancy or tenancy by the entirety;
10		(3) releasing or disclaiming his or her powers as
11		trustee, personal representative, custodian for minors, or
12		guardian;
13		(4) exercising, releasing, or disclaiming his or her
14		powers as donee of a power of appointment;
15		(5) entering into contracts;
16		(6) creating for the benefit of the ward or others,
17		revocable or irrevocable trusts of his or her property that
18		may extend beyond his or her disability or life;
19		(7) exercising options of the ward to purchase or
20		exchange securities or other property;
21		(8) exercising the rights of the ward to elect benefit
22		or payment options, to terminate, to change beneficiaries
23		or ownership, to assign rights, to borrow, or to receive
24		cash value in return for a surrender of rights under any
25		one or more of the following:
26		(i) life insurance policies, plans, or benefits,

HB4049 Engrossed - 1886 - LRB099 03667 KTG 23678 b
1		(ii) annuity policies, plans, or benefits,
2		(iii) mutual fund and other dividend investment
3		plans,
4		(iv) retirement, profit sharing, and employee
5		welfare plans and benefits;
6		(9) exercising his or her right to claim or disclaim an
7		elective share in the estate of his or her deceased spouse
8		and to renounce any interest by testate or intestate
9		succession or by inter vivos transfer;
10		(10) changing the ward's residence or domicile; or
11		(11) modifying by means of codicil or trust amendment
12		the terms of the ward's will or any revocable trust created
13		by the ward, as the court may consider advisable in light
14		of changes in applicable tax laws.
15		The guardian in his or her petition shall briefly outline
16		the action or application of funds for which he or she seeks
17		approval, the results expected to be accomplished thereby, and
18		the tax savings, if any, expected to accrue. The proposed
19		action or application of funds may include gifts of the ward's
20		personal property or real estate, but transfers of real estate
21		shall be subject to the requirements of Section 20 of this Act.
22		Gifts may be for the benefit of prospective legatees, devisees,
23		or heirs apparent of the ward or may be made to individuals or
24		charities in which the ward is believed to have an interest.
25		The guardian shall also indicate in the petition that any
26		planned disposition is consistent with the intentions of the

HB4049 Engrossed - 1887 - LRB099 03667 KTG 23678 b
1		ward insofar as they can be ascertained, and if the ward's
2		intentions cannot be ascertained, the ward will be presumed to
3		favor reduction in the incidents of various forms of taxation
4		and the partial distribution of his or her estate as provided
5		in this subsection. The guardian shall not, however, be
6		required to include as a beneficiary or fiduciary any person
7		who he has reason to believe would be excluded by the ward. A
8		guardian shall be required to investigate and pursue a ward's
9		eligibility for governmental benefits.
10		(b) Upon the direction of the court which issued his
11		letters, a guardian may perform the contracts of his ward which
12		were legally subsisting at the time of the commencement of the
13		ward's disability. The court may authorize the guardian to
14		execute and deliver any bill of sale, deed or other instrument.
15		(c) The guardian of the estate of a ward shall appear for
16		and represent the ward in all legal proceedings unless another
17		person is appointed for that purpose as guardian or next
18		friend. This does not impair the power of any court to appoint
19		a guardian ad litem or next friend to defend the interests of
20		the ward in that court, or to appoint or allow any person as
21		the next friend of a ward to commence, prosecute or defend any
22		proceeding in his behalf. Without impairing the power of the
23		court in any respect, if the guardian of the estate of a ward
24		and another person as next friend shall appear for and
25		represent the ward in a legal proceeding in which the
26		compensation of the attorney or attorneys representing the

HB4049 Engrossed - 1888 - LRB099 03667 KTG 23678 b
1		guardian and next friend is solely determined under a
2		contingent fee arrangement, the guardian of the estate of the
3		ward shall not participate in or have any duty to review the
4		prosecution of the action, to participate in or review the
5		appropriateness of any settlement of the action, or to
6		participate in or review any determination of the
7		appropriateness of any fees awarded to the attorney or
8		attorneys employed in the prosecution of the action.
9		(d) Adjudication of disability shall not revoke or
10		otherwise terminate a trust which is revocable by the ward. A
11		guardian of the estate shall have no authority to revoke a
12		trust that is revocable by the ward, except that the court may
13		authorize a guardian to revoke a Totten trust or similar
14		deposit or withdrawable capital account in trust to the extent
15		necessary to provide funds for the purposes specified in
16		paragraph (a) of this Section. If the trustee of any trust for
17		the benefit of the ward has discretionary power to apply income
18		or principal for the ward's benefit, the trustee shall not be
19		required to distribute any of the income or principal to the
20		guardian of the ward's estate, but the guardian may bring an
21		action on behalf of the ward to compel the trustee to exercise
22		the trustee's discretion or to seek relief from an abuse of
23		discretion. This paragraph shall not limit the right of a
24		guardian of the estate to receive accountings from the trustee
25		on behalf of the ward.
26		(e) Absent court order pursuant to the Illinois Power of

HB4049 Engrossed - 1889 - LRB099 03667 KTG 23678 b
1		Attorney Act directing a guardian to exercise powers of the
2		principal under an agency that survives disability, the
3		guardian will have no power, duty or liability with respect to
4		any property subject to the agency. This subsection (e) applies
5		to all agencies, whenever and wherever executed.
6		(f) Upon petition by any interested person (including the
7		standby or short-term guardian), with such notice to interested
8		persons as the court directs and a finding by the court that it
9		is in the best interest of the person with a disability
10		disabled person, the court may terminate or limit the authority
11		of a standby or short-term guardian or may enter such other
12		orders as the court deems necessary to provide for the best
13		interest of the person with a disability disabled person. The
14		petition for termination or limitation of the authority of a
15		standby or short-term guardian may, but need not, be combined
16		with a petition to have another guardian appointed for the
17		person with a disability disabled person.
18		(Source: P.A. 95-331, eff. 8-21-07.)
19		(755 ILCS 5/11a-18.1) (from Ch. 110 1/2, par. 11a-18.1)
20		Sec. 11a-18.1. Conditional gifts. (a) The court may
21		authorize and direct the guardian of the estate to make
22		conditional gifts from the estate of a person with a disability
23		disabled person to any spouse, parent, brother or sister of the
24		person with a disability disabled person who dedicates himself
25		or herself to the care of the person with a disability disabled

HB4049 Engrossed - 1890 - LRB099 03667 KTG 23678 b
1		person by living with and personally caring for the person with
2		a disability disabled person for at least 3 years. It shall be
3		presumed that the person with a disability disabled person
4		intends to make such conditional gifts.
5		(b) A conditional gift shall not be distributed to the
6		donee until the death of the person with a disability disabled
7		person. The court may impose such other conditions on the gift
8		as the court deems just and reasonable. The court may provide
9		for an alternate disposition of the gift should the donee die
10		before the person with a disability disabled person; provided
11		that if no such alternate disposition is made, the conditional
12		gift shall lapse upon the death of the donee prior to the death
13		of the person with a disability disabled person. A conditional
14		gift may be modified or revoked by the court at any time.
15		(c) The guardian of the estate, the spouse, parent, brother
16		or sister of a person with a disability disabled person, or any
17		other interested person may petition the court to authorize and
18		direct the guardian of the estate to make a conditional gift or
19		to modify, revoke or distribute a conditional gift. All persons
20		who would be heirs of the person with a disability disabled
21		person if the person with a disability disabled person died on
22		the date the petition is filed (or the heirs if the person with
23		a disability disabled person is deceased) and all legatees
24		under any known last will of the person with a disability
25		disabled person shall be given reasonable notice of the hearing
26		on the petition by certified U. S. mail, return receipt

HB4049 Engrossed - 1891 - LRB099 03667 KTG 23678 b
1		requested. If a trustee is a legatee, notice shall be given to
2		the trustee and need not be given to the trust beneficiaries.
3		Any person entitled to notice of the hearing may appear and
4		object to the petition. The giving of the notice of the hearing
5		to those persons entitled to notice shall cause the decision
6		and order of the court to be binding upon all other persons who
7		otherwise may be interested or may become interested in the
8		estate of the person with a disability disabled person.
9		(d) The guardian of the estate shall set aside conditional
10		gifts in a separate fund for each donee and shall hold and
11		invest each fund as part of the estate of the person with a
12		disability disabled person. Upon order of the court, any
13		conditional gift may be revoked or modified in whole or part so
14		that the assets may be used for the care and comfort of the
15		person with a disability disabled person should funds otherwise
16		available for such purposes be inadequate.
17		(e) Upon the death of the person with a disability disabled
18		person, the guardian of the estate shall hold each special fund
19		as trustee and shall petition the court for authorization to
20		distribute the special fund and for any other appropriate
21		relief. The court shall order distribution upon such terms and
22		conditions as the court deems just and reasonable.
23		(Source: P.A. 85-1417.)
24		(755 ILCS 5/11a-18.2)
25		Sec. 11a-18.2. Duties of standby guardian of a person with

HB4049 Engrossed - 1892 - LRB099 03667 KTG 23678 b
1		a disability disabled person.
2		(a) Before a standby guardian of a person with a disability
3		disabled person may act, the standby guardian must be appointed
4		by the court of the proper county and, in the case of a standby
5		guardian of the disabled person's estate of the person with a
6		disability, the standby guardian must give the bond prescribed
7		in subsection (c) of Section 11a-3.1 and Section 12-2.
8		(b) The standby guardian shall not have any duties or
9		authority to act until the standby guardian receives knowledge
10		of the death or consent of the disabled person's guardian of
11		the person with a disability, or the inability of the disabled
12		person's guardian of the person with a disability to make and
13		carry out day-to-day care decisions concerning the person with
14		a disability disabled person for whom the standby guardian has
15		been appointed. This inability of the disabled person's
16		guardian of the person with a disability to make and carry out
17		day-to-day care decisions may be communicated either by the
18		guardian's own admission or by the written certification of the
19		guardian's attending physician. Immediately upon receipt of
20		that knowledge, the standby guardian shall assume all duties as
21		guardian of the person with a disability disabled person as
22		previously determined by the order appointing the standby
23		guardian, and as set forth in Sections 11a-17 and 11a-18, and
24		the standby guardian of the person shall have the authority to
25		act as guardian of the person without direction of court for a
26		period of up to 60 days, provided that the authority of the

HB4049 Engrossed - 1893 - LRB099 03667 KTG 23678 b
1		standby guardian may be limited or terminated by a court of
2		competent jurisdiction.
3		(c) Within 60 days of the standby guardian's receipt of
4		knowledge of the death or consent of the disabled person's
5		guardian of the person with a disability, or the inability of
6		the disabled person's guardian of the person with a disability
7		to make and carry out day-to-day care decisions concerning the
8		person with a disability disabled person, the standby guardian
9		shall file or cause to be filed a petition for the appointment
10		of a guardian of the person or estate, or both, of the person
11		with a disability disabled person under Section 11a-3.
12		(Source: P.A. 90-796, eff. 12-15-98.)
13		(755 ILCS 5/11a-18.3)
14		Sec. 11a-18.3. Duties of short-term guardian of a person
15		with a disability disabled person.
16		(a) Immediately upon the effective date of the appointment
17		of a short-term guardian, the short-term guardian shall assume
18		all duties as short-term guardian of the person with a
19		disability disabled person as provided in this Section. The
20		short-term guardian of the person shall have authority to act
21		as short-term guardian, without direction of the court, for the
22		duration of the appointment, which in no case shall exceed a
23		cumulative total of 60 days in any 12 month period for all
24		short-term guardians appointed by the guardian. The authority
25		of the short-term guardian may be limited or terminated by a

HB4049 Engrossed - 1894 - LRB099 03667 KTG 23678 b
1		court of competent jurisdiction.
2		(b) Unless further specifically limited by the instrument
3		appointing the short-term guardian, a short-term guardian
4		shall have the authority to act as a guardian of the person of
5		a person with a disability disabled person as prescribed in
6		Section 11a-17, but shall not have any authority to act as
7		guardian of the estate of a person with a disability disabled
8		person, except that a short-term guardian shall have the
9		authority to apply for and receive on behalf of the person with
10		a disability disabled person benefits to which the person with
11		a disability disabled person may be entitled from or under
12		federal, State, or local organizations or programs.
13		(Source: P.A. 90-796, eff. 12-15-98.)
14		(755 ILCS 5/11a-20) (from Ch. 110 1/2, par. 11a-20)
15		Sec. 11a-20. Termination of adjudication of disability -
16		Revocation of letters - modification.)
17		(a) Except as provided in subsection (b-5), upon the filing
18		of a petition by or on behalf of a person with a disability
19		disabled person or on its own motion, the court may terminate
20		the adjudication of disability of the ward, revoke the letters
21		of guardianship of the estate or person, or both, or modify the
22		duties of the guardian if the ward's capacity to perform the
23		tasks necessary for the care of his person or the management of
24		his estate has been demonstrated by clear and convincing
25		evidence. A report or testimony by a licensed physician is not

HB4049 Engrossed - 1895 - LRB099 03667 KTG 23678 b
1		a prerequisite for termination, revocation or modification of a
2		guardianship order under this subsection (a).
3		(b) Except as provided in subsection (b-5), a request by
4		the ward or any other person on the ward's behalf, under this
5		Section may be communicated to the court or judge by any means,
6		including but not limited to informal letter, telephone call or
7		visit. Upon receipt of a request from the ward or another
8		person, the court may appoint a guardian ad litem to
9		investigate and report to the court concerning the allegations
10		made in conjunction with said request, and if the ward wishes
11		to terminate, revoke, or modify the guardianship order, to
12		prepare the ward's petition and to render such other services
13		as the court directs.
14		(b-5) Upon the filing of a verified petition by the
15		guardian of the person with a disability disabled person or the
16		person with a disability disabled person, the court may
17		terminate the adjudication of disability of the ward, revoke
18		the letters of guardianship of the estate or person, or both,
19		or modify the duties of the guardian if: (i) a report completed
20		in accordance with subsection (a) of Section 11a-9 states that
21		the person with a disability disabled person is no longer in
22		need of guardianship or that the type and scope of guardianship
23		should be modified; (ii) the person with a disability disabled
24		person no longer wishes to be under guardianship or desires
25		that the type and scope of guardianship be modified; and (iii)
26		the guardian of the person with a disability disabled person

HB4049 Engrossed - 1896 - LRB099 03667 KTG 23678 b
1		states that it is in the best interest of the person with a
2		disability disabled person to terminate the adjudication of
3		disability of the ward, revoke the letters of guardianship of
4		the estate or person, or both, or modify the duties of the
5		guardian, and provides the basis thereof. In a proceeding
6		brought pursuant to this subsection (b-5), the court may
7		terminate the adjudication of disability of the ward, revoke
8		the letters of guardianship of the estate or person, or both,
9		or modify the duties of the guardian, unless it has been
10		demonstrated by clear and convincing evidence that the ward is
11		incapable of performing the tasks necessary for the care of his
12		or her person or the management of his or her estate.
13		(c) Notice of the hearing on a petition under this Section,
14		together with a copy of the petition, shall be given to the
15		ward, unless he is the petitioner, and to each and every
16		guardian to whom letters of guardianship have been issued and
17		not revoked, not less than 14 days before the hearing.
18		(Source: P.A. 97-1093, eff. 1-1-13.)
19		(755 ILCS 5/11a-22) (from Ch. 110 1/2, par. 11a-22)
20		Sec. 11a-22. Trade and contracts with a person with a
21		disability disabled person.
22		(a) Anyone who by trading with, bartering, gaming or any
23		other device, wrongfully possesses himself of any property of a
24		person known to be a person with a disability disabled person
25		commits a Class A misdemeanor.

HB4049 Engrossed - 1897 - LRB099 03667 KTG 23678 b
1		(b) Every note, bill, bond or other contract by any person
2		for whom a plenary guardian has been appointed or who is
3		adjudged to be unable to so contract is void as against that
4		person and his estate, but a person making a contract with the
5		person so adjudged is bound thereby.
6		(Source: P.A. 91-357, eff. 7-29-99.)
7		(755 ILCS 5/11a-24)
8		Sec. 11a-24. Notification; Department of State Police.
9		When a court adjudges a respondent to be a person with a
10		disability disabled person under this Article, the court shall
11		direct the circuit court clerk to notify the Department of
12		State Police, Firearm Owner's Identification (FOID) Office, in
13		a form and manner prescribed by the Department of State Police,
14		and shall forward a copy of the court order to the Department
15		no later than 7 days after the entry of the order. Upon receipt
16		of the order, the Department of State Police shall provide
17		notification to the National Instant Criminal Background Check
18		System.
19		(Source: P.A. 98-63, eff. 7-9-13.)
20		(755 ILCS 5/12-2) (from Ch. 110 1/2, par. 12-2)
21		Sec. 12-2. Individual representative; oath and bond.
22		(a) Except as provided in subsection (b), before
23		undertaking the representative's duties, every individual
24		representative shall take and file an oath or affirmation that

HB4049 Engrossed - 1898 - LRB099 03667 KTG 23678 b
1		the individual will faithfully discharge the duties of the
2		office of the representative according to law and shall file in
3		and have approved by the court a bond binding the individual
4		representative so to do. The court may waive the filing of a
5		bond of a representative of the person of a ward or of a
6		standby guardian of a minor or person with a disability
7		disabled person.
8		(b) Where bond or security is excused by the will or as
9		provided in subsection (b) of Section 12-4, the bond of the
10		representative in the amount from time to time required under
11		this Article shall be in full force and effect without writing,
12		unless the court requires the filing of a written bond.
13		(Source: P.A. 90-796, eff. 12-15-98.)
14		(755 ILCS 5/12-4) (from Ch. 110 1/2, par. 12-4)
15		Sec. 12-4. When security excused or specified.)
16		(a) Except as provided in paragraph (c) of Section 6-13
17		with respect to a nonresident executor, no security is required
18		of a person who is excused by the will from giving bond or
19		security and no greater security than is specified by the will
20		is required, unless in either case the court, from its own
21		knowledge or the suggestion of any interested person, has cause
22		to suspect the representative of fraud or incompetence or
23		believes that the estate of the decedent will not be sufficient
24		to discharge all the claims against the estate, or in the case
25		of a testamentary guardian of the estate, that the rights of

HB4049 Engrossed - 1899 - LRB099 03667 KTG 23678 b
1		the ward will be prejudiced by failure to give security.
2		(b) If a person designates a guardian of his person or
3		estate or both to be appointed in the event he is adjudged a
4		person with a disability disabled person as provided in Section
5		11a-6 and excuses the guardian from giving bond or security, or
6		if the guardian is the Office of State Guardian, the guardian's
7		bond in the amount from time to time required under this
8		Article shall be in full force and effect without writing,
9		unless the court requires the filing of a written bond.
10		(c) The Office of State Guardian shall not be required to
11		have sureties or surety companies as security on its bonds. The
12		oath and bond of the representative without surety shall be
13		sufficient.
14		(Source: P.A. 89-396, eff. 8-20-95.)
15		(755 ILCS 5/13-2) (from Ch. 110 1/2, par. 13-2)
16		Sec. 13-2. Bond and oath.) Before entering upon the
17		performance of his duties, every public administrator and every
18		public guardian shall take and file in the court an oath or
19		affirmation that he will support the Constitution of the United
20		States and the Constitution of the State of Illinois and will
21		faithfully discharge the duties of his office and shall enter
22		into a bond payable to the people of the State of Illinois in a
23		sum of not less than $5,000 with security as provided by this
24		Act and approved by the court of the county in which he is
25		appointed, conditioned that he will faithfully discharge the

HB4049 Engrossed - 1900 - LRB099 03667 KTG 23678 b
1		duties of his office. The court may from time to time require
2		additional security of the public administrator or guardian and
3		may require him to give the usual bond required of
4		representatives of estates of decedents, or persons with
5		disabilities disabled persons in other cases. In default of his
6		giving bond within 60 days after receiving his commission or of
7		his giving additional security within 60 days after being
8		ordered by the court to do so, his office is deemed vacant and
9		upon certificate of a judge of the court of that fact the
10		Governor or the Circuit Court shall fill the vacancy.
11		(Source: P.A. 81-1052.)
12		(755 ILCS 5/13-3.1) (from Ch. 110 1/2, par. 13-3.1)
13		Sec. 13-3.1.Compensation of public guardian.
14		(a) In counties having a population in excess of 1,000,000
15		the public guardian shall be paid an annual salary, to be set
16		by the County Board at a figure not to exceed the salary of the
17		public defender for the county. All expenses connected with the
18		operation of the office shall be subject to the approval of the
19		County Board and shall be paid from the county treasury. All
20		fees collected shall be paid into the county treasury.
21		(b) In counties having a population of 1,000,000 or less
22		the public guardian shall receive all the fees of his office
23		and bear the expenses connected with the operation of the
24		office. A public guardian shall be entitled to reasonable and
25		appropriate compensation for services related to guardianship

HB4049 Engrossed - 1901 - LRB099 03667 KTG 23678 b
1		duties but all fees must be reviewed and approved by the court.
2		A public guardian may petition the court for the payment of
3		reasonable and appropriate fees. In counties having a
4		population of 1,000,000 or less, the public guardian shall do
5		so on not less than a yearly basis, or sooner as approved by
6		the court. Any fees or expenses charged by a public guardian
7		shall be documented through billings and maintained by the
8		guardian and supplied to the court for review. In considering
9		the reasonableness of any fee petition brought by a public
10		guardian under this Section, the court shall consider the
11		following:
12		(1) the powers and duties assigned to the public
13		guardian by the court;
14		(2) the necessity of any services provided;
15		(3) the time required, the degree of difficulty, and
16		the experience needed to complete the task;
17		(4) the needs of the ward and the costs of
18		alternatives; and
19		(5) other facts and circumstances material to the best
20		interests of the ward or his or her estate.
21		(c) When the public guardian is appointed as the temporary
22		guardian of an adult with a disability a disabled adult
23		pursuant to an emergency petition under circumstances when the
24		court finds that the immediate establishment of a temporary
25		guardianship is necessary to protect the disabled adult's
26		health, welfare, or estate of the adult with a disability, the

HB4049 Engrossed - 1902 - LRB099 03667 KTG 23678 b
1		public guardian shall be entitled to reasonable and appropriate
2		fees, as determined by the court, for the period of the
3		temporary guardianship, including fees directly associated
4		with establishing the temporary guardianship.
5		(Source: P.A. 96-752, eff. 1-1-10; 96-1000, eff. 7-2-10.)
6		(755 ILCS 5/13-5) (from Ch. 110 1/2, par. 13-5)
7		Sec. 13-5. Powers and duties of public guardian.) The court
8		may appoint the public guardian as the guardian of any adult
9		with a disability disabled adult who is in need of a public
10		guardian and whose estate exceeds $25,000. When an adult with a
11		disability a disabled adult who has a smaller estate is in need
12		of guardianship services, the court shall appoint the State
13		guardian pursuant to Section 30 of the Guardianship and
14		Advocacy Act. If the public guardian is appointed guardian of
15		an adult with a disability a disabled adult and the estate of
16		the adult with a disability the disabled adult is thereafter
17		reduced to less than $25,000, the court may, upon the petition
18		of the public guardian and the approval by the court of a final
19		accounting of the disabled adult's estate of the adult with a
20		disability, discharge the public guardian and transfer the
21		guardianship to the State guardian. The public guardian shall
22		serve not less than 14 days' notice to the State guardian of
23		the hearing date regarding the transfer. When appointed by the
24		court, the public guardian has the same powers and duties as
25		other guardians appointed under this Act, with the following

HB4049 Engrossed - 1903 - LRB099 03667 KTG 23678 b
1		additions and modifications:
2		(a) The public guardian shall monitor the ward and his care
3		and progress on a continuous basis. Monitoring shall at minimum
4		consist of monthly contact with the ward, and the receipt of
5		periodic reports from all individuals and agencies, public or
6		private, providing care or related services to the ward.
7		(b) Placement of a ward outside of the ward's home may be
8		made only after the public guardian or his representative has
9		visited the facility in which placement is proposed.
10		(c) The public guardian shall prepare an inventory of the
11		ward's belongings and assets and shall maintain insurance on
12		all of the ward's real and personal property, unless the court
13		determines, and issues an order finding, that (1) the real or
14		personal property lacks sufficient equity, (2) the estate lacks
15		sufficient funds to pay for insurance, or (3) the property is
16		otherwise uninsurable. No personal property shall be removed
17		from the ward's possession except for storage pending final
18		placement or for liquidation in accordance with this Act.
19		(d) The public guardian shall make no substantial
20		distribution of the ward's estate without a court order.
21		(e) The public guardian may liquidate assets of the ward to
22		pay for the costs of the ward's care and for storage of the
23		ward's personal property only after notice of such pending
24		action is given to all potential heirs at law, unless notice is
25		waived by the court; provided, however, that a person who has
26		been so notified may elect to pay for care or storage or to pay

HB4049 Engrossed - 1904 - LRB099 03667 KTG 23678 b
1		fair market value of the asset or assets sought to be sold in
2		lieu of liquidation.
3		(f) Real property of the ward may be sold at fair market
4		value after an appraisal of the property has been made by a
5		licensed appraiser; provided, however, that the ward's
6		residence may be sold only if the court finds that the ward is
7		not likely to be able to return home at a future date.
8		(g) The public guardian shall, at such intervals as the
9		court may direct, submit to the court an affidavit setting
10		forth in detail the services he has provided for the benefit of
11		the ward.
12		(h) Upon the death of the ward, the public guardian shall
13		turn over to the court-appointed administrator all of the
14		ward's assets and an account of his receipt and administration
15		of the ward's property. A guardian ad litem shall be appointed
16		for an accounting when the estate exceeds the amount set in
17		Section 25-1 of this Act for administration of small estates.
18		(i)(1) On petition of any person who appears to have an
19		interest in the estate, the court by temporary order may
20		restrain the public guardian from performing specified acts of
21		administration, disbursement or distribution, or from exercise
22		of any powers or discharge of any duties of his office, or make
23		any other order to secure proper performance of his duty, if it
24		appears to the court that the public guardian might otherwise
25		take some action contrary to the best interests of the ward.
26		Persons with whom the public guardian may transact business may

HB4049 Engrossed - 1905 - LRB099 03667 KTG 23678 b
1		be made parties.
2		(2) The matter shall be set for hearing within 10 days
3		unless the parties otherwise agree or unless for good cause
4		shown the court determines that additional time is required.
5		Notice as the court directs shall be given to the public
6		guardian and his attorney of record, if any, and to any other
7		parties named defendant in the petition.
8		(j) On petition of the public guardian, the court in its
9		discretion may for good cause shown transfer guardianship to
10		the State guardian.
11		(k) No later than January 31 of each year, the public
12		guardian shall file an annual report with the clerk of the
13		Circuit Court, indicating, with respect to the period covered
14		by the report, the number of cases which he has handled, the
15		date on which each case was assigned, the date of termination
16		of each case which has been closed during the period, the
17		disposition of each terminated case, and the total amount of
18		fees collected during the period from each ward.
19		(l) (Blank).
20		(Source: P.A. 96-752, eff. 1-1-10; 97-1094, eff. 8-24-12.)
21		(755 ILCS 5/18-1.1) (from Ch. 110 1/2, par. 18-1.1)
22		Sec. 18-1.1. Statutory custodial claim. Any spouse,
23		parent, brother, sister, or child of a person with a disability
24		disabled person who dedicates himself or herself to the care of
25		the person with a disability disabled person by living with and

HB4049 Engrossed - 1906 - LRB099 03667 KTG 23678 b
1		personally caring for the person with a disability disabled
2		person for at least 3 years shall be entitled to a claim
3		against the estate upon the death of the person with a
4		disability disabled person. The claim shall take into
5		consideration the claimant's lost employment opportunities,
6		lost lifestyle opportunities, and emotional distress
7		experienced as a result of personally caring for the person
8		with a disability disabled person. Notwithstanding the
9		statutory claim amounts stated in this Section, a court may
10		reduce an amount to the extent that the living arrangements
11		were intended to and did in fact also provide a physical or
12		financial benefit to the claimant. The factors a court may
13		consider in determining whether to reduce a statutory custodial
14		claim amount may include but are not limited to: (i) the free
15		or low cost of housing provided to the claimant; (ii) the
16		alleviation of the need for the claimant to be employed full
17		time; (iii) any financial benefit provided to the claimant;
18		(iv) the personal care received by the claimant from the
19		decedent or others; and (v) the proximity of the care provided
20		by the claimant to the decedent to the time of the decedent's
21		death. The claim shall be in addition to any other claim,
22		including without limitation a reasonable claim for nursing and
23		other care. The claim shall be based upon the nature and extent
24		of the person's disability and, at a minimum but subject to the
25		extent of the assets available, shall be in the amounts set
26		forth below:

HB4049 Engrossed - 1907 - LRB099 03667 KTG 23678 b
1		1. 100% disability, $180,000
2		2. 75% disability, $135,000
3		3. 50% disability, $90,000
4		4. 25% disability, $45,000
5		(Source: P.A. 95-315, eff. 1-1-08.)
6		(755 ILCS 5/18-8) (from Ch. 110 1/2, par. 18-8)
7		Sec. 18-8. Claim of representative or his attorney.) If a
8		representative or the representative's attorney has a claim
9		against the estate, that person must file a claim as other
10		persons and the court may appoint a special administrator to
11		appear and defend for the estate. The court may permit the
12		special administrator to prosecute or defend an appeal from the
13		allowance or disallowance of the claim. In the administration
14		of the a disabled person's estate of a person with a
15		disability, notice of the claim of a representative or his or
16		her attorney shall be given by mail or in person to the ward
17		and to all other representatives of the ward's person or
18		estate, within 10 days of filing.
19		(Source: P.A. 89-396, eff. 8-20-95.)
20		(755 ILCS 5/23-2) (from Ch. 110 1/2, par. 23-2)
21		Sec. 23-2. Removal.
22		(a) On petition of any interested person or on the court's
23		own motion, the court may remove a representative if:
24		(1) the representative is acting under letters secured

HB4049 Engrossed - 1908 - LRB099 03667 KTG 23678 b
1		by false pretenses;
2		(2) the representative is adjudged a person subject to
3		involuntary admission under the Mental Health and
4		Developmental Disabilities Code or is adjudged a person
5		with a disability a disabled person;
6		(3) the representative is convicted of a felony;
7		(4) the representative wastes or mismanages the
8		estate;
9		(5) the representative conducts himself or herself in
10		such a manner as to endanger any co-representative or the
11		surety on the representative's bond;
12		(6) the representative fails to give sufficient bond or
13		security, counter security or a new bond, after being
14		ordered by the court to do so;
15		(7) the representative fails to file an inventory or
16		accounting after being ordered by the court to do so;
17		(8) the representative conceals himself or herself so
18		that process cannot be served upon the representative or
19		notice cannot be given to the representative;
20		(9) the representative becomes incapable of or
21		unsuitable for the discharge of the representative's
22		duties; or
23		(10) there is other good cause.
24		(b) If the representative becomes a nonresident of the
25		United States, the court may remove the representative as such
26		representative.

HB4049 Engrossed - 1909 - LRB099 03667 KTG 23678 b
1		(Source: P.A. 90-430, eff. 8-16-97; 90-472, eff. 8-17-97;
2		91-357, eff. 7-29-99.)
3		(755 ILCS 5/26-3)
4		Sec. 26-3. Effect of post-judgment motions. Unless stayed
5		by the court, an order adjudicating a person as a person with a
6		disability disabled and appointing a plenary, limited, or
7		successor guardian pursuant to Section 11a-3, 11a-12, 11a-14,
8		or 11a-15 of this Act shall not be suspended or the enforcement
9		thereof stayed pending the filing and resolution of any
10		post-judgment motion.
11		(Source: P.A. 97-1095, eff. 8-24-12.)
12		(755 ILCS 5/28-2) (from Ch. 110 1/2, par. 28-2)
13		Sec. 28-2. Order for independent administration - notice of
14		appointment of independent administrator.) (a) Unless the
15		will, if any, expressly forbids independent administration or
16		supervised administration is required under subsection (b),
17		the court shall grant independent administration (1) when an
18		order is entered appointing a representative pursuant to a
19		petition which does not request supervised administration and
20		which is filed under Section 6-2, 6-9, 6-20, 7-2, 8-2, 9-4 or
21		9-6 and (2) on petition by the representative at any time or
22		times during supervised administration and such notice to
23		interested persons as the court directs. Notwithstanding any
24		contrary provision of the preceding sentence, if there is an

HB4049 Engrossed - 1910 - LRB099 03667 KTG 23678 b
1		interested person who is a minor or person with a disability
2		disabled person, the court may require supervised
3		administration (or may grant independent administration on
4		such conditions as its deems adequate to protect the ward's
5		interest) whenever the court finds that (1) the interests of
6		the ward are not adequately represented by a personal fiduciary
7		acting or designated to act pursuant to Section 28-3 or by
8		another party having a substantially identical interest in the
9		estate and the ward is not represented by a guardian of his
10		estate and (2) supervised administration is necessary to
11		protect the ward's interests. When independent administration
12		is granted, the independent representative shall include with
13		each notice required to be mailed to heirs or legatees under
14		Section 6-10 or Section 9-5 an explanation of the rights of
15		heirs and legatees under this Article and the form of petition
16		which may be used to terminate independent administration under
17		subsection 28-4(a). The form and substance of the notice of
18		rights and the petition to terminate shall be prescribed by
19		rule of the Supreme Court of this State. Each order granting
20		independent administration and the letters shall state that the
21		representative is appointed as independent executor or
22		independent administrator, as the case may be. The independent
23		representative shall file proof of mailing with the clerk of
24		the court.
25		(b) If an interested person objects to the grant of
26		independent administration under subsection (a), the court

HB4049 Engrossed - 1911 - LRB099 03667 KTG 23678 b
1		shall require supervised administration, except:
2		(1) If the will, if any, directs independent
3		administration, supervised administration shall be required
4		only if the court finds there is good cause to require
5		supervised administration.
6		(2) If the objector is a creditor or a legatee other than a
7		residuary legatee, supervised administration shall be required
8		only if the court finds it is necessary to protect the
9		objector's interest, and instead of ordering supervised
10		administration, the court may require such other action as it
11		deems adequate to protect the objector's interest.
12		(Source: P.A. 84-555; 84-690.)
13		(755 ILCS 5/28-3) (from Ch. 110 1/2, par. 28-3)
14		Sec. 28-3. Protection of persons under disability during
15		independent administration.) (a) A personal fiduciary acting
16		pursuant to this Article has full power and the responsibility
17		to protect the interests of his ward during independent
18		administration and to do all acts necessary or appropriate for
19		that purpose which the ward might do if not under disability.
20		Approval of any act of the independent representative or of his
21		final report by the personal fiduciary, or failure of the
22		personal fiduciary to object after notice pursuant to this
23		Article, binds the ward. Unless the ward is bound under the
24		preceding sentence, the independent representative is
25		accountable to the ward for damages incurred as a consequence

HB4049 Engrossed - 1912 - LRB099 03667 KTG 23678 b
1		of willful default by the independent representative until the
2		expiration of a period of 6 months after the ward's disability
3		is removed, and any action must be commenced before the
4		expiration of that period. Upon the entry of an order pursuant
5		to Section 28-4 terminating independent administration status,
6		the personal fiduciary's powers and responsibility for
7		continuing to protect the ward's interest terminate. The fact
8		that a personal fiduciary is acting does not limit the right of
9		any person as next friend of the ward to inform the court of
10		any circumstances that may adversely affect the ward's
11		interests in the estate.
12		(b) The following persons are entitled to act as personal
13		fiduciary for a ward in the order of preference indicated:
14		(1) The representative of the ward's estate acting in
15		Illinois or, if none, the representative of the ward's estate
16		acting in any other jurisdiction.
17		(2) The person designated as personal fiduciary in the
18		decedent's will, if any.
19		(3) The person designated as personal fiduciary by the
20		independent representative in a petition for letters of office
21		or other instrument filed with the clerk of the court.
22		No person may act as personal fiduciary who is a minor or
23		person with a disability disabled person, who has been
24		convicted of a felony or whose interests conflict with the
25		ward's interests in the decedent's estate. A personal fiduciary
26		designated under subparagraph (3) above shall be a spouse,

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1		descendant, parent, grandparent, brother, sister, uncle or
2		aunt of the ward, a guardian of the person of the ward or a
3		party having an interest in the estate substantially identical
4		to that of the ward. The responsibility of a personal fiduciary
5		begins on delivery of his written acceptance of the office to
6		the independent representative. Any personal fiduciary may
7		refuse to act or may resign at any time by instrument delivered
8		to the independent representative. When a personal fiduciary
9		has been appointed and there is a change of personal fiduciary
10		or a vacancy in that office, the independent representative
11		shall inform the court; and the court may designate any
12		suitable person as personal fiduciary when there is a vacancy
13		that has not been filled by the independent representative in
14		accordance with this Section 28-3.
15		(c) A personal fiduciary is entitled to such reasonable
16		compensation for his services as may be approved by the
17		independent representative or, in the absence of approval, as
18		may be fixed by the court, to be paid out of the estate as an
19		expense of administration.
20		(d) A personal fiduciary is liable to the ward only for
21		willful default and not for errors in judgment.
22		(Source: P.A. 85-692.)
23		(755 ILCS 5/28-10) (from Ch. 110 1/2, par. 28-10)
24		Sec. 28-10. Distribution.) (a) If it appears to the
25		independent representative that there are sufficient assets to

HB4049 Engrossed - 1914 - LRB099 03667 KTG 23678 b
1		pay all claims, the independent representative may at any time
2		or times distribute the estate to the persons entitled thereto.
3		As a condition of any distribution, the independent
4		representative may require the distributee to give him a
5		refunding bond in any amount the independent representative
6		deems reasonable, with surety approved by the independent
7		representative or without surety. If the distribution is made
8		before the expiration of the period when claims are barred
9		under Section 18-12, the independent representative must
10		require the distributee to give him a refunding bond as
11		provided in Section 24-4. If the estate includes an interest in
12		real estate that has not been sold by the independent
13		representative, the independent representative must record and
14		deliver to the persons entitled thereto an instrument which
15		contains the legal description of the real estate and releases
16		the estate's interest.
17		(b) If abatement or equalization of legacies pursuant to
18		subsection 24-3(b) or (c) is required, the independent
19		representative shall determine the amount of the respective
20		contributions, the manner in which they are paid and whether
21		security is required.
22		(c) If it appears to the independent representative that
23		the value of the estate of the decedent remaining after payment
24		of 1st class claims does not exceed the amount of the surviving
25		spouse's and child's awards due, the independent
26		representative may deliver the personal estate to the persons

HB4049 Engrossed - 1915 - LRB099 03667 KTG 23678 b
1		entitled to the awards and close the estate as provided in
2		Section 28-11, without waiting until the expiration of the
3		period when claims are barred under Section 18-12.
4		(d) If property distributed in kind, or a security interest
5		therein, is acquired in good faith by a purchaser or lender for
6		value from a distributee (or from the successors in interest to
7		a distributee) who has received physical delivery or an
8		assignment, deed, release or other instrument of distribution
9		from an independent representative, the purchaser or lender
10		takes title free of the rights of all persons having an
11		interest in the estate and incurs no liability to the estate,
12		whether or not the distribution was proper.
13		(e) If a distributee is a minor or a person with a
14		disability disabled person, the independent representative may
15		make distribution to the ward's representative, if any, to a
16		custodian for the ward under the Illinois Uniform Transfers to
17		Minors Act or the corresponding statute of any other state in
18		which the ward or the custodian resides, by deposit or
19		investment of the ward's property subject to court order under
20		Section 24-21 or in any other manner authorized by law.
21		(Source: P.A. 84-1308.)
22		Section 965. The Illinois Power of Attorney Act is amended
23		by changing Sections 2-3, 2-6, 3-3, and 4-1 as follows:
24		(755 ILCS 45/2-3) (from Ch. 110 1/2, par. 802-3)

HB4049 Engrossed - 1916 - LRB099 03667 KTG 23678 b
1		Sec. 2-3. Definitions. As used in this Act:
2		(a) "Agency" means the written power of attorney or other
3		instrument of agency governing the relationship between the
4		principal and agent or the relationship, itself, as appropriate
5		to the context, and includes agencies dealing with personal or
6		health care as well as property. An agency is subject to this
7		Act to the extent it may be controlled by the principal,
8		excluding agencies and powers for the benefit of the agent.
9		(b) "Agent" means the attorney-in-fact or other person
10		designated to act for the principal in the agency.
11		(c) "Person with a disability Disabled person" has the same
12		meaning as in the "Probate Act of 1975", as now or hereafter
13		amended. To be under a "disability" or "disabled" means to be a
14		person with a disability disabled person.
15		(c-5) "Incapacitated", when used to describe a principal,
16		means that the principal is under a legal disability as defined
17		in Section 11a-2 of the Probate Act of 1975. A principal shall
18		also be considered incapacitated if: (i) a physician licensed
19		to practice medicine in all of its branches has examined the
20		principal and has determined that the principal lacks decision
21		making capacity; (ii) that physician has made a written record
22		of this determination and has signed the written record within
23		90 days after the examination; and (iii) the written record has
24		been delivered to the agent. The agent may rely conclusively on
25		the written record.
26		(d) "Person" means an individual, corporation, trust,

HB4049 Engrossed - 1917 - LRB099 03667 KTG 23678 b
1		partnership or other entity, as appropriate to the agency.
2		(e) "Principal" means an individual (including, without
3		limitation, an individual acting as trustee, representative or
4		other fiduciary) who signs a power of attorney or other
5		instrument of agency granting powers to an agent.
6		(Source: P.A. 96-1195, eff. 7-1-11.)
7		(755 ILCS 45/2-6) (from Ch. 110 1/2, par. 802-6)
8		Sec. 2-6. Effect of disability-divorce. (a) All acts of the
9		agent within the scope of the agency during any period of
10		disability, incapacity or incompetency of the principal have
11		the same effect and inure to the benefit of and bind the
12		principal and his or her successors in interest as if the
13		principal were competent and not a person with a disability
14		disabled.
15		(b) If a court enters a judgement of dissolution of
16		marriage or legal separation between the principal and his or
17		her spouse after the agency is signed, the spouse shall be
18		deemed to have died at the time of the judgment for all
19		purposes of the agency.
20		(Source: P.A. 85-701.)
21		(755 ILCS 45/3-3) (from Ch. 110 1/2, par. 803-3)
22		Sec. 3-3. Statutory short form power of attorney for
23		property.
24		(a) The form prescribed in this Section may be known as

HB4049 Engrossed - 1918 - LRB099 03667 KTG 23678 b
1		"statutory property power" and may be used to grant an agent
2		powers with respect to property and financial matters. The
3		"statutory property power" consists of the following: (1)
4		Notice to the Individual Signing the Illinois Statutory Short
5		Form Power of Attorney for Property; (2) Illinois Statutory
6		Short Form Power of Attorney for Property; and (3) Notice to
7		Agent. When a power of attorney in substantially the form
8		prescribed in this Section is used, including all 3 items
9		above, with item (1), the Notice to Individual Signing the
10		Illinois Statutory Short Form Power of Attorney for Property,
11		on a separate sheet (coversheet) in 14-point type and the
12		notarized form of acknowledgment at the end, it shall have the
13		meaning and effect prescribed in this Act.
14		(b) A power of attorney shall also be deemed to be in
15		substantially the same format as the statutory form if the
16		explanatory language throughout the form (the language
17		following the designation "NOTE:") is distinguished in some way
18		from the legal paragraphs in the form, such as the use of
19		boldface or other difference in typeface and font or point
20		size, even if the "Notice" paragraphs at the beginning are not
21		on a separate sheet of paper or are not in 14-point type, or if
22		the principal's initials do not appear in the acknowledgement
23		at the end of the "Notice" paragraphs.
24		The validity of a power of attorney as meeting the
25		requirements of a statutory property power shall not be
26		affected by the fact that one or more of the categories of

HB4049 Engrossed - 1919 - LRB099 03667 KTG 23678 b
1		optional powers listed in the form are struck out or the form
2		includes specific limitations on or additions to the agent's
3		powers, as permitted by the form. Nothing in this Article shall
4		invalidate or bar use by the principal of any other or
5		different form of power of attorney for property. Nonstatutory
6		property powers (i) must be executed by the principal, (ii)
7		must designate the agent and the agent's powers, (iii) must be
8		signed by at least one witness to the principal's signature,
9		and (iv) must indicate that the principal has acknowledged his
10		or her signature before a notary public. However, nonstatutory
11		property powers need not conform in any other respect to the
12		statutory property power.
13		(c) The Notice to the Individual Signing the Illinois
14		Statutory Short Form Power of Attorney for Property shall be
15		substantially as follows:
16		"NOTICE TO THE INDIVIDUAL SIGNING THE ILLINOIS
17		STATUTORY SHORT FORM POWER OF ATTORNEY FOR PROPERTY.
18		PLEASE READ THIS NOTICE CAREFULLY. The form that you will
19		be signing is a legal document. It is governed by the Illinois
20		Power of Attorney Act. If there is anything about this form
21		that you do not understand, you should ask a lawyer to explain
22		it to you.
23		The purpose of this Power of Attorney is to give your
24		designated "agent" broad powers to handle your financial

HB4049 Engrossed - 1920 - LRB099 03667 KTG 23678 b
1		affairs, which may include the power to pledge, sell, or
2		dispose of any of your real or personal property, even without
3		your consent or any advance notice to you. When using the
4		Statutory Short Form, you may name successor agents, but you
5		may not name co-agents.
6		This form does not impose a duty upon your agent to handle
7		your financial affairs, so it is important that you select an
8		agent who will agree to do this for you. It is also important
9		to select an agent whom you trust, since you are giving that
10		agent control over your financial assets and property. Any
11		agent who does act for you has a duty to act in good faith for
12		your benefit and to use due care, competence, and diligence. He
13		or she must also act in accordance with the law and with the
14		directions in this form. Your agent must keep a record of all
15		receipts, disbursements, and significant actions taken as your
16		agent.
17		Unless you specifically limit the period of time that this
18		Power of Attorney will be in effect, your agent may exercise
19		the powers given to him or her throughout your lifetime, both
20		before and after you become incapacitated. A court, however,
21		can take away the powers of your agent if it finds that the
22		agent is not acting properly. You may also revoke this Power of
23		Attorney if you wish.
24		This Power of Attorney does not authorize your agent to
25		appear in court for you as an attorney-at-law or otherwise to
26		engage in the practice of law unless he or she is a licensed

HB4049 Engrossed - 1921 - LRB099 03667 KTG 23678 b
1		attorney who is authorized to practice law in Illinois.
2		The powers you give your agent are explained more fully in
3		Section 3-4 of the Illinois Power of Attorney Act. This form is
4		a part of that law. The "NOTE" paragraphs throughout this form
5		are instructions.
6		You are not required to sign this Power of Attorney, but it
7		will not take effect without your signature. You should not
8		sign this Power of Attorney if you do not understand everything
9		in it, and what your agent will be able to do if you do sign it.
10		Please place your initials on the following line indicating
11		that you have read this Notice:
12		.....................
13		Principal's initials"
14		(d) The Illinois Statutory Short Form Power of Attorney for
15		Property shall be substantially as follows:
16		"ILLINOIS STATUTORY SHORT FORM
17		POWER OF ATTORNEY FOR PROPERTY
18		1. I, ..............., (insert name and address of
19		principal) hereby revoke all prior powers of attorney for
20		property executed by me and appoint:
21		.............................................................
22		(insert name and address of agent)

HB4049 Engrossed - 1922 - LRB099 03667 KTG 23678 b
1		(NOTE: You may not name co-agents using this form.)
2		as my attorney-in-fact (my "agent") to act for me and in my
3		name (in any way I could act in person) with respect to the
4		following powers, as defined in Section 3-4 of the "Statutory
5		Short Form Power of Attorney for Property Law" (including all
6		amendments), but subject to any limitations on or additions to
7		the specified powers inserted in paragraph 2 or 3 below:
8		(NOTE: You must strike out any one or more of the following
9		categories of powers you do not want your agent to have.
10		Failure to strike the title of any category will cause the
11		powers described in that category to be granted to the agent.
12		To strike out a category you must draw a line through the title
13		of that category.)
14		(a) Real estate transactions.
15		(b) Financial institution transactions.
16		(c) Stock and bond transactions.
17		(d) Tangible personal property transactions.
18		(e) Safe deposit box transactions.
19		(f) Insurance and annuity transactions.
20		(g) Retirement plan transactions.
21		(h) Social Security, employment and military service
22		benefits.
23		(i) Tax matters.
24		(j) Claims and litigation.
25		(k) Commodity and option transactions.

HB4049 Engrossed - 1923 - LRB099 03667 KTG 23678 b
1		(l) Business operations.
2		(m) Borrowing transactions.
3		(n) Estate transactions.
4		(o) All other property transactions.
5		(NOTE: Limitations on and additions to the agent's powers may
6		be included in this power of attorney if they are specifically
7		described below.)
8		2. The powers granted above shall not include the following
9		powers or shall be modified or limited in the following
10		particulars:
11		(NOTE: Here you may include any specific limitations you deem
12		appropriate, such as a prohibition or conditions on the sale of
13		particular stock or real estate or special rules on borrowing
14		by the agent.)
15		.............................................................
16		.............................................................
17		.............................................................
18		.............................................................
19		.............................................................
20		3. In addition to the powers granted above, I grant my
21		agent the following powers:
22		(NOTE: Here you may add any other delegable powers including,
23		without limitation, power to make gifts, exercise powers of
24		appointment, name or change beneficiaries or joint tenants or
25		revoke or amend any trust specifically referred to below.)
26		.............................................................

HB4049 Engrossed - 1924 - LRB099 03667 KTG 23678 b
1		.............................................................
2		.............................................................
3		.............................................................
4		.............................................................
5		(NOTE: Your agent will have authority to employ other persons
6		as necessary to enable the agent to properly exercise the
7		powers granted in this form, but your agent will have to make
8		all discretionary decisions. If you want to give your agent the
9		right to delegate discretionary decision-making powers to
10		others, you should keep paragraph 4, otherwise it should be
11		struck out.)
12		4. My agent shall have the right by written instrument to
13		delegate any or all of the foregoing powers involving
14		discretionary decision-making to any person or persons whom my
15		agent may select, but such delegation may be amended or revoked
16		by any agent (including any successor) named by me who is
17		acting under this power of attorney at the time of reference.
18		(NOTE: Your agent will be entitled to reimbursement for all
19		reasonable expenses incurred in acting under this power of
20		attorney. Strike out paragraph 5 if you do not want your agent
21		to also be entitled to reasonable compensation for services as
22		agent.)
23		5. My agent shall be entitled to reasonable compensation
24		for services rendered as agent under this power of attorney.
25		(NOTE: This power of attorney may be amended or revoked by you
26		at any time and in any manner. Absent amendment or revocation,

HB4049 Engrossed - 1925 - LRB099 03667 KTG 23678 b
1		the authority granted in this power of attorney will become
2		effective at the time this power is signed and will continue
3		until your death, unless a limitation on the beginning date or
4		duration is made by initialing and completing one or both of
5		paragraphs 6 and 7:)
6		6. ( ) This power of attorney shall become effective on
7		.............................................................
8		(NOTE: Insert a future date or event during your lifetime, such
9		as a court determination of your disability or a written
10		determination by your physician that you are incapacitated,
11		when you want this power to first take effect.)
12		7. ( ) This power of attorney shall terminate on
13		.............................................................
14		(NOTE: Insert a future date or event, such as a court
15		determination that you are not under a legal disability or a
16		written determination by your physician that you are not
17		incapacitated, if you want this power to terminate prior to
18		your death.)
19		(NOTE: If you wish to name one or more successor agents, insert
20		the name and address of each successor agent in paragraph 8.)
21		8. If any agent named by me shall die, become incompetent,
22		resign or refuse to accept the office of agent, I name the
23		following (each to act alone and successively, in the order
24		named) as successor(s) to such agent:
25		.............................................................
26		.............................................................

HB4049 Engrossed - 1926 - LRB099 03667 KTG 23678 b
1		For purposes of this paragraph 8, a person shall be considered
2		to be incompetent if and while the person is a minor or an
3		adjudicated incompetent or a person with a disability disabled
4		person or the person is unable to give prompt and intelligent
5		consideration to business matters, as certified by a licensed
6		physician.
7		(NOTE: If you wish to, you may name your agent as guardian of
8		your estate if a court decides that one should be appointed. To
9		do this, retain paragraph 9, and the court will appoint your
10		agent if the court finds that this appointment will serve your
11		best interests and welfare. Strike out paragraph 9 if you do
12		not want your agent to act as guardian.)
13		9. If a guardian of my estate (my property) is to be
14		appointed, I nominate the agent acting under this power of
15		attorney as such guardian, to serve without bond or security.
16		10. I am fully informed as to all the contents of this form
17		and understand the full import of this grant of powers to my
18		agent.
19		(NOTE: This form does not authorize your agent to appear in
20		court for you as an attorney-at-law or otherwise to engage in
21		the practice of law unless he or she is a licensed attorney who
22		is authorized to practice law in Illinois.)
23		11. The Notice to Agent is incorporated by reference and
24		included as part of this form.
25		Dated: ................
26		Signed ..........................................

HB4049 Engrossed - 1927 - LRB099 03667 KTG 23678 b
1		(principal)
2		(NOTE: This power of attorney will not be effective unless it
3		is signed by at least one witness and your signature is
4		notarized, using the form below. The notary may not also sign
5		as a witness.)
6		The undersigned witness certifies that ..............., known
7		to me to be the same person whose name is subscribed as
8		principal to the foregoing power of attorney, appeared before
9		me and the notary public and acknowledged signing and
10		delivering the instrument as the free and voluntary act of the
11		principal, for the uses and purposes therein set forth. I
12		believe him or her to be of sound mind and memory. The
13		undersigned witness also certifies that the witness is not: (a)
14		the attending physician or mental health service provider or a
15		relative of the physician or provider; (b) an owner, operator,
16		or relative of an owner or operator of a health care facility
17		in which the principal is a patient or resident; (c) a parent,
18		sibling, descendant, or any spouse of such parent, sibling, or
19		descendant of either the principal or any agent or successor
20		agent under the foregoing power of attorney, whether such
21		relationship is by blood, marriage, or adoption; or (d) an
22		agent or successor agent under the foregoing power of attorney.
23		Dated: ................
24		..............................

HB4049 Engrossed - 1928 - LRB099 03667 KTG 23678 b
1		Witness
2		(NOTE: Illinois requires only one witness, but other
3		jurisdictions may require more than one witness. If you wish to
4		have a second witness, have him or her certify and sign here:)
5		(Second witness) The undersigned witness certifies that
6		................, known to me to be the same person whose name
7		is subscribed as principal to the foregoing power of attorney,
8		appeared before me and the notary public and acknowledged
9		signing and delivering the instrument as the free and voluntary
10		act of the principal, for the uses and purposes therein set
11		forth. I believe him or her to be of sound mind and memory. The
12		undersigned witness also certifies that the witness is not: (a)
13		the attending physician or mental health service provider or a
14		relative of the physician or provider; (b) an owner, operator,
15		or relative of an owner or operator of a health care facility
16		in which the principal is a patient or resident; (c) a parent,
17		sibling, descendant, or any spouse of such parent, sibling, or
18		descendant of either the principal or any agent or successor
19		agent under the foregoing power of attorney, whether such
20		relationship is by blood, marriage, or adoption; or (d) an
21		agent or successor agent under the foregoing power of attorney.
22		Dated: .......................
23		..............................
24		Witness

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1		State of ............)
2		) SS.
3		County of ...........)
4		The undersigned, a notary public in and for the above
5		county and state, certifies that .......................,
6		known to me to be the same person whose name is subscribed as
7		principal to the foregoing power of attorney, appeared before
8		me and the witness(es) ............. (and ..............) in
9		person and acknowledged signing and delivering the instrument
10		as the free and voluntary act of the principal, for the uses
11		and purposes therein set forth (, and certified to the
12		correctness of the signature(s) of the agent(s)).
13		Dated: ................
14		..............................
15		Notary Public
16		My commission expires .................
17		(NOTE: You may, but are not required to, request your agent and
18		successor agents to provide specimen signatures below. If you
19		include specimen signatures in this power of attorney, you must
20		complete the certification opposite the signatures of the
21		agents.)
22		Specimen signatures of I certify that the signatures
23		agent (and successors) of my agent (and successors)

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1		are genuine.
2		.......................... .............................
3		(agent) (principal)
4		.......................... .............................
5		(successor agent) (principal)
6		.......................... .............................
7		(successor agent) (principal)
8		(NOTE: The name, address, and phone number of the person
9		preparing this form or who assisted the principal in completing
10		this form should be inserted below.)
11		Name: .......................
12		Address: ....................
13		..............................
14		..............................
15		Phone: .................... "
16		(e) Notice to Agent. The following form may be known as
17		"Notice to Agent" and shall be supplied to an agent appointed
18		under a power of attorney for property.
19		"NOTICE TO AGENT
20		When you accept the authority granted under this power of
21		attorney a special legal relationship, known as agency, is
22		created between you and the principal. Agency imposes upon you
23		duties that continue until you resign or the power of attorney

HB4049 Engrossed - 1931 - LRB099 03667 KTG 23678 b
1		is terminated or revoked.
2		As agent you must:
3		(1) do what you know the principal reasonably expects
4		you to do with the principal's property;
5		(2) act in good faith for the best interest of the
6		principal, using due care, competence, and diligence;
7		(3) keep a complete and detailed record of all
8		receipts, disbursements, and significant actions conducted
9		for the principal;
10		(4) attempt to preserve the principal's estate plan, to
11		the extent actually known by the agent, if preserving the
12		plan is consistent with the principal's best interest; and
13		(5) cooperate with a person who has authority to make
14		health care decisions for the principal to carry out the
15		principal's reasonable expectations to the extent actually
16		in the principal's best interest.
17		As agent you must not do any of the following:
18		(1) act so as to create a conflict of interest that is
19		inconsistent with the other principles in this Notice to
20		Agent;
21		(2) do any act beyond the authority granted in this
22		power of attorney;
23		(3) commingle the principal's funds with your funds;
24		(4) borrow funds or other property from the principal,
25		unless otherwise authorized;
26		(5) continue acting on behalf of the principal if you

HB4049 Engrossed - 1932 - LRB099 03667 KTG 23678 b
1		learn of any event that terminates this power of attorney
2		or your authority under this power of attorney, such as the
3		death of the principal, your legal separation from the
4		principal, or the dissolution of your marriage to the
5		principal.
6		If you have special skills or expertise, you must use those
7		special skills and expertise when acting for the principal. You
8		must disclose your identity as an agent whenever you act for
9		the principal by writing or printing the name of the principal
10		and signing your own name "as Agent" in the following manner:
11		"(Principal's Name) by (Your Name) as Agent"
12		The meaning of the powers granted to you is contained in
13		Section 3-4 of the Illinois Power of Attorney Act, which is
14		incorporated by reference into the body of the power of
15		attorney for property document.
16		If you violate your duties as agent or act outside the
17		authority granted to you, you may be liable for any damages,
18		including attorney's fees and costs, caused by your violation.
19		If there is anything about this document or your duties
20		that you do not understand, you should seek legal advice from
21		an attorney."
22		(f) The requirement of the signature of a witness in
23		addition to the principal and the notary, imposed by Public Act
24		91-790, applies only to instruments executed on or after June
25		9, 2000 (the effective date of that Public Act).

HB4049 Engrossed - 1933 - LRB099 03667 KTG 23678 b
1		(NOTE: This amendatory Act of the 96th General Assembly deletes
2		provisions that referred to the one required witness as an
3		"additional witness", and it also provides for the signature of
4		an optional "second witness".)
5		(Source: P.A. 96-1195, eff. 7-1-11.)
6		(755 ILCS 45/4-1) (from Ch. 110 1/2, par. 804-1)
7		Sec. 4-1. Purpose. The General Assembly recognizes the
8		right of the individual to control all aspects of his or her
9		personal care and medical treatment, including the right to
10		decline medical treatment or to direct that it be withdrawn,
11		even if death ensues. The right of the individual to decide
12		about personal care overrides the obligation of the physician
13		and other health care providers to render care or to preserve
14		life and health.
15		However, if the individual becomes a person with a
16		disability disabled, her or his right to control treatment may
17		be denied unless the individual, as principal, can delegate the
18		decision making power to a trusted agent and be sure that the
19		agent's power to make personal and health care decisions for
20		the principal will be effective to the same extent as though
21		made by the principal.
22		The Illinois statutory recognition of the right of
23		delegation for health care purposes needs to be restated to
24		make it clear that its scope is intended to be as broad as the
25		comparable right of delegation for property and financial

HB4049 Engrossed - 1934 - LRB099 03667 KTG 23678 b
1		matters. However, the General Assembly recognizes that powers
2		concerning life and death and the other issues involved in
3		health care agencies are more sensitive than property matters
4		and that particular rules and forms are necessary for health
5		care agencies to insure their validity and efficacy and to
6		protect health care providers so that they will honor the
7		authority of the agent at all times. For purposes of emphasis
8		and their particular application to health care, the General
9		Assembly restates the purposes and public policy announced in
10		Article II, Section 2-1 of this Act as if those purposes and
11		public policies were set forth verbatim in this Section.
12		In furtherance of these purposes, the General Assembly
13		adopts this Article, setting forth general principles
14		governing health care agencies and a statutory short form power
15		of attorney for health care, intending that when a power in
16		substantially the form set forth in this Article is used,
17		health care providers and other third parties who rely in good
18		faith on the acts and decisions of the agent within the scope
19		of the power may do so without fear of civil or criminal
20		liability to the principal, the State or any other person.
21		However, the form of health care agency in this Article is not
22		intended to be exclusive and other forms of powers of attorney
23		chosen by the principal that comply with Section 4-5 of this
24		Article may offer powers and protection similar to the
25		statutory short form power of attorney for health care.
26		(Source: P.A. 85-1395.)

HB4049 Engrossed - 1935 - LRB099 03667 KTG 23678 b
1		Section 970. The Trusts and Trustees Act is amended by
2		changing Sections 15, 15.1, 16.1, and 16.4 as follows:
3		(760 ILCS 5/15) (from Ch. 17, par. 1685)
4		Sec. 15. Minor or person with a disability disabled
5		person-Authority of Representative. The representative of the
6		estate of a beneficiary under legal disability or a spouse,
7		parent, adult child, or guardian of the person of a beneficiary
8		for whose estate no representative has been appointed, may act
9		for the beneficiary in receiving and approving any account of
10		the trustee appointing a successor trustee and executing any
11		receipt and receiving any notice from the trustee.
12		(Source: P.A. 82-354.)
13		(760 ILCS 5/15.1) (from Ch. 17, par. 1685.1)
14		Sec. 15.1. Trust for a beneficiary with a disability
15		disabled beneficiary. A discretionary trust for the benefit of
16		an individual who has a disability that substantially impairs
17		the individual's ability to provide for his or her own care or
18		custody and constitutes a substantial disability handicap
19		shall not be liable to pay or reimburse the State or any public
20		agency for financial aid or services to the individual except
21		to the extent the trust was created by the individual or trust
22		property has been distributed directly to or is otherwise under
23		the control of the individual, provided that such exception

HB4049 Engrossed - 1936 - LRB099 03667 KTG 23678 b
1		shall not apply to a trust created with the disabled
2		individual's own property of the individual with a disability
3		or property within his or her control if the trust complies
4		with Medicaid reimbursement requirements of federal law.
5		Notwithstanding any other provisions to the contrary, a trust
6		created with the disabled individual's own property of the
7		individual with a disability or property within his or her
8		control shall be liable, after reimbursement of Medicaid
9		expenditures, to the State for reimbursement of any other
10		service charges outstanding at the death of the individual with
11		a disability disabled individual. Property, goods and services
12		purchased or owned by a trust for and used or consumed by a
13		beneficiary with a disability disabled beneficiary shall not be
14		considered trust property distributed to or under the control
15		of the beneficiary. A discretionary trust is one in which the
16		trustee has discretionary power to determine distributions to
17		be made under the trust.
18		(Source: P.A. 89-205, eff. 1-1-96.)
19		(760 ILCS 5/16.1)
20		Sec. 16.1. Virtual representation.
21		(a) Representation by a beneficiary with a substantially
22		similar interest, by the primary beneficiaries and by others.
23		(1) To the extent there is no conflict of interest
24		between the representative and the represented beneficiary
25		with respect to the particular question or dispute, a

HB4049 Engrossed - 1937 - LRB099 03667 KTG 23678 b
1		beneficiary who is a minor or a beneficiary with a
2		disability or an disabled or unborn beneficiary, or a
3		beneficiary whose identity or location is unknown and not
4		reasonably ascertainable (hereinafter referred to as an
5		"unascertainable beneficiary"), may for all purposes be
6		represented by and bound by another beneficiary having a
7		substantially similar interest with respect to the
8		particular question or dispute; provided, however, that
9		the represented beneficiary is not otherwise represented
10		by a guardian or agent in accordance with subdivision
11		(a)(4) or by a parent in accordance with subdivision
12		(a)(5).
13		(2) If all primary beneficiaries of a trust either have
14		legal capacity or have representatives in accordance with
15		this subsection (a) who have legal capacity, the actions of
16		such primary beneficiaries, in each case either by the
17		beneficiary or by the beneficiary's representative, shall
18		represent and bind all other beneficiaries who have a
19		successor, contingent, future, or other interest in the
20		trust.
21		(3) For purposes of this Act:
22		(A) "Primary beneficiary" means a beneficiary of a
23		trust who as of the date of determination is either:
24		(i) currently eligible to receive income or principal
25		from the trust, or (ii) a presumptive remainder
26		beneficiary.

HB4049 Engrossed - 1938 - LRB099 03667 KTG 23678 b
1		(B) "Presumptive remainder beneficiary" means a
2		beneficiary of a trust, as of the date of determination
3		and assuming nonexercise of all powers of appointment,
4		who either: (i) would be eligible to receive a
5		distribution of income or principal if the trust
6		terminated on that date, or (ii) would be eligible to
7		receive a distribution of income or principal if the
8		interests of all beneficiaries currently eligible to
9		receive income or principal from the trust ended on
10		that date without causing the trust to terminate.
11		(C) "Person with a disability" Disabled person" as
12		of any date means either a person with a disability
13		disabled person within the meaning of Section 11a-2 of
14		the Probate Act of 1975 or a person who, within the 365
15		days immediately preceding that date, was examined by a
16		licensed physician who determined that the person
17		lacked the capacity to make prudent financial
18		decisions, and the physician made a written record of
19		the physician's determination and signed the written
20		record within 90 days after the examination.
21		(D) A person has legal capacity unless the person
22		is a minor or a person with a disability disabled
23		person.
24		(4) If a trust beneficiary is represented by a court
25		appointed guardian of the estate or, if none, guardian of
26		the person, the guardian shall represent and bind the

HB4049 Engrossed - 1939 - LRB099 03667 KTG 23678 b
1		beneficiary. If a trust beneficiary is a person with a
2		disability disabled person, an agent under a power of
3		attorney for property who has authority to act with respect
4		to the particular question or dispute and who does not have
5		a conflict of interest with respect to the particular
6		question or dispute may represent and bind the principal.
7		An agent is deemed to have such authority if the power of
8		attorney grants the agent the power to settle claims and to
9		exercise powers with respect to trusts and estates, even if
10		the powers do not include powers to make a will, to revoke
11		or amend a trust, or to require the trustee to pay income
12		or principal. Absent a court order pursuant to the Illinois
13		Power of Attorney Act directing a guardian to exercise
14		powers of the principal under an agency that survives
15		disability, an agent under a power of attorney for property
16		who in accordance with this subdivision has authority to
17		represent and bind a principal with a disability disabled
18		principal takes precedence over a court appointed guardian
19		unless the court specifies otherwise. This subdivision
20		applies to all agencies, whenever and wherever executed.
21		(5) If a trust beneficiary is a minor or a person with
22		a disability or an disabled or unborn person and is not
23		represented by a guardian or agent in accordance with
24		subdivision (a)(4), then a parent of the beneficiary may
25		represent and bind the beneficiary, provided that there is
26		no conflict of interest between the represented person and

HB4049 Engrossed - 1940 - LRB099 03667 KTG 23678 b
1		either of the person's parents with respect to the
2		particular question or dispute. If a disagreement arises
3		between parents who otherwise qualify to represent a child
4		in accordance with this subsection (a) and who are seeking
5		to represent the same child, the parent who is a lineal
6		descendant of the settlor of the trust that is the subject
7		of the representation is entitled to represent the child;
8		or if none, the parent who is a beneficiary of the trust is
9		entitled to represent the child.
10		(6) A guardian, agent or parent who is the
11		representative for a beneficiary under subdivision (a)(4)
12		or (a)(5) may, for all purposes, represent and bind any
13		other beneficiary who is a minor or a beneficiary with a
14		disability or an disabled, unborn, or unascertainable
15		beneficiary who has an interest, with respect to the
16		particular question or dispute, that is substantially
17		similar to the interest of the beneficiary represented by
18		the representative, but only to the extent that there is no
19		conflict of interest between the beneficiary represented
20		by the representative and the other beneficiary with
21		respect to the particular question or dispute; provided,
22		however, that the other beneficiary is not otherwise
23		represented by a guardian or agent in accordance with
24		subdivision (a)(4) or by a parent in accordance with
25		subdivision (a)(5).
26		(7) The action or consent of a representative who may

HB4049 Engrossed - 1941 - LRB099 03667 KTG 23678 b
1		represent and bind a beneficiary in accordance with this
2		Section is binding on the beneficiary represented, and
3		notice or service of process to the representative has the
4		same effect as if the notice or service of process were
5		given directly to the beneficiary represented.
6		(8) Nothing in this Section limits the discretionary
7		power of a court in a judicial proceeding to appoint a
8		guardian ad litem for any beneficiary who is a minor,
9		beneficiary who has a disability, unborn beneficiary, or
10		unascertainable beneficiary minor, disabled, unborn, or
11		unascertainable beneficiary with respect to a particular
12		question or dispute, but appointment of a guardian ad litem
13		need not be considered and is not necessary if such
14		beneficiary is otherwise represented in accordance with
15		this Section.
16		(b) Total return trusts. This Section shall apply to enable
17		conversion to a total return trust by agreement in accordance
18		with subsection (b) of Section 5.3 of this Act, by agreement
19		between the trustee and all primary beneficiaries of the trust,
20		in each case either by the beneficiary or by the beneficiary's
21		representative in accordance with this Section.
22		(c) Representation of charity. If a trust provides a
23		beneficial interest or expectancy for one or more charities or
24		charitable purposes that are not specifically named or
25		otherwise represented (the "charitable interest"), the
26		Illinois Attorney General may, in accordance with this Section,

HB4049 Engrossed - 1942 - LRB099 03667 KTG 23678 b
1		represent, bind, and act on behalf of the charitable interest
2		with respect to any particular question or dispute, including
3		without limitation representing the charitable interest in a
4		nonjudicial settlement agreement or in an agreement to convert
5		a trust to a total return trust in accordance with subsection
6		(b) of Section 5.3 of this Act. A charity that is specifically
7		named as beneficiary of a trust or that otherwise has an
8		express beneficial interest in a trust may act for itself.
9		Notwithstanding any other provision, nothing in this Section
10		shall be construed to limit or affect the Illinois Attorney
11		General's authority to file an action or take other steps as he
12		or she deems advisable at any time to enforce or protect the
13		general public interest as to a trust that provides a
14		beneficial interest or expectancy for one or more charities or
15		charitable purposes whether or not a specific charity is named
16		in the trust. This subsection (c) shall be construed as being
17		declarative of existing law and not as a new enactment.
18		(d) Nonjudicial settlement agreements.
19		(1) For purposes of this Section, "interested persons"
20		means the trustee and all beneficiaries, or their
21		respective representatives determined after giving effect
22		to the preceding provisions of this Section, whose consent
23		or joinder would be required in order to achieve a binding
24		settlement were the settlement to be approved by the court.
25		"Interested persons" also includes a trust advisor,
26		investment advisor, distribution advisor, trust protector

HB4049 Engrossed - 1943 - LRB099 03667 KTG 23678 b
1		or other holder, or committee of holders, of fiduciary or
2		nonfiduciary powers, if the person then holds powers
3		material to a particular question or dispute to be resolved
4		or affected by a nonjudicial settlement agreement in
5		accordance with this Section or by the court.
6		(2) Interested persons, or their respective
7		representatives determined after giving effect to the
8		preceding provisions of this Section, may enter into a
9		binding nonjudicial settlement agreement with respect to
10		any matter involving a trust as provided in this Section.
11		(3) (Blank).
12		(4) The following matters may be resolved by a
13		nonjudicial settlement agreement:
14		(A) Validity, interpretation, or construction of
15		the terms of the trust.
16		(B) Approval of a trustee's report or accounting.
17		(C) Exercise or nonexercise of any power by a
18		trustee.
19		(D) The grant to a trustee of any necessary or
20		desirable administrative power, provided the grant
21		does not conflict with a clear material purpose of the
22		trust.
23		(E) Questions relating to property or an interest
24		in property held by the trust, provided the resolution
25		does not conflict with a clear material purpose of the
26		trust.

HB4049 Engrossed - 1944 - LRB099 03667 KTG 23678 b
1		(F) Removal, appointment, or removal and
2		appointment of a trustee, trust advisor, investment
3		advisor, distribution advisor, trust protector or
4		other holder, or committee of holders, of fiduciary or
5		nonfiduciary powers, including without limitation
6		designation of a plan of succession or procedure to
7		determine successors to any such office.
8		(G) Determination of a trustee's compensation.
9		(H) Transfer of a trust's principal place of
10		administration, including without limitation to change
11		the law governing administration of the trust.
12		(I) Liability or indemnification of a trustee for
13		an action relating to the trust.
14		(J) Resolution of bona fide disputes related to
15		administration, investment, distribution or other
16		matters.
17		(K) Modification of terms of the trust pertaining
18		to administration of the trust.
19		(L) Termination of the trust, provided that court
20		approval of such termination must be obtained in
21		accordance with subdivision (d)(5) of this Section,
22		and the court must conclude continuance of the trust is
23		not necessary to achieve any clear material purpose of
24		the trust. The court may consider spendthrift
25		provisions as a factor in making a decision under this
26		subdivision, but a spendthrift provision is not

HB4049 Engrossed - 1945 - LRB099 03667 KTG 23678 b
1		necessarily a clear material purpose of a trust, and
2		the court is not precluded from modifying or
3		terminating a trust because the trust instrument
4		contains a spendthrift provision. Upon such
5		termination the court may order the trust property
6		distributed as agreed by the parties to the agreement
7		or otherwise as the court determines equitable
8		consistent with the purposes of the trust.
9		(M) Any other matter involving a trust to the
10		extent the terms and conditions of the nonjudicial
11		settlement agreement could be properly approved under
12		applicable law by a court of competent jurisdiction.
13		(4.5) If a charitable interest or a specifically named
14		charity is a current beneficiary, is a presumptive
15		remainder beneficiary, or has any vested interest in a
16		trust, the parties to any proposed nonjudicial settlement
17		agreement affecting the trust shall deliver to the Attorney
18		General's Charitable Trust Bureau written notice of the
19		proposed agreement at least 60 days prior to its effective
20		date. The Bureau need take no action, but if it objects in
21		a writing delivered to one or more of the parties prior to
22		the proposed effective date, the agreement shall not take
23		effect unless the parties obtain court approval.
24		(5) Any beneficiary or other interested person may
25		request the court to approve any part or all of a
26		nonjudicial settlement agreement, including whether any

HB4049 Engrossed - 1946 - LRB099 03667 KTG 23678 b
1		representation is adequate and without conflict of
2		interest, provided that the petition for such approval must
3		be filed before or within 60 days after the effective date
4		of the agreement.
5		(6) An agreement entered into in accordance with this
6		Section shall be final and binding on the trustee, on all
7		beneficiaries of the trust, both current and future, and on
8		all other interested persons as if ordered by a court with
9		competent jurisdiction over the trust, the trust property,
10		and all parties in interest.
11		(7) In the trustee's sole discretion, the trustee may,
12		but is not required to, obtain and rely upon an opinion of
13		counsel on any matter relevant to this Section, including
14		without limitation: (i) where required by this Section,
15		that the agreement proposed to be made in accordance with
16		this Section does not conflict with a clear material
17		purpose of the trust or could be properly approved by the
18		court under applicable law; (ii) in the case of a trust
19		termination, that continuance of the trust is not necessary
20		to achieve any clear material purpose of the trust; (iii)
21		that there is no conflict of interest between a
22		representative and the person represented with respect to
23		the particular question or dispute; or (iv) that the
24		representative and the person represented have
25		substantially similar interests with respect to the
26		particular question or dispute.

HB4049 Engrossed - 1947 - LRB099 03667 KTG 23678 b
1		(e) Application. On and after its effective date, this
2		Section applies to all existing and future trusts, judicial
3		proceedings, or agreements entered into in accordance with this
4		Section on or after the effective date.
5		(f) This Section shall be construed as pertaining to the
6		administration of a trust and shall be available to any trust
7		that is administered in this State or that is governed by
8		Illinois law with respect to the meaning and effect of its
9		terms, except to the extent the governing instrument expressly
10		prohibits the use of this Section by specific reference to this
11		Section. A provision in the governing instrument in the form:
12		"Neither the provisions of Section 16.1 of the Illinois Trusts
13		and Trustees Act nor any corresponding provision of future law
14		may be used in the administration of this trust", or a similar
15		provision demonstrating that intent, is sufficient to preclude
16		the use of this Section.
17		(g) The changes made by this amendatory Act of the 98th
18		General Assembly apply to all trusts in existence on the
19		effective date of this amendatory Act of the 98th General
20		Assembly or created after that date, and are applicable to
21		judicial proceedings and nonjudicial matters involving such
22		trusts. For purposes of this Section:
23		(i) judicial proceedings include any proceeding before
24		a court or administrative tribunal of this State and any
25		arbitration or mediation proceedings; and
26		(ii) nonjudicial matters include, but are not limited

HB4049 Engrossed - 1948 - LRB099 03667 KTG 23678 b
1		to, nonjudicial settlement agreements entered into in
2		accordance with this Section and the grant of any consent,
3		release, ratification, or indemnification.
4		(Source: P.A. 98-946, eff. 1-1-15.)
5		(760 ILCS 5/16.4)
6		Sec. 16.4. Distribution of trust principal in further
7		trust.
8		(a) Definitions. In this Section:
9		"Absolute discretion" means the right to distribute
10		principal that is not limited or modified in any manner to or
11		for the benefit of one or more beneficiaries of the trust,
12		whether or not the term "absolute" is used. A power to
13		distribute principal that includes purposes such as best
14		interests, welfare, or happiness shall constitute absolute
15		discretion.
16		"Authorized trustee" means an entity or individual, other
17		than the settlor, who has authority under the terms of the
18		first trust to distribute the principal of the trust for the
19		benefit of one or more current beneficiaries.
20		"Code" means the United States Internal Revenue Code of
21		1986, as amended from time to time, including corresponding
22		provisions of subsequent internal revenue laws and
23		corresponding provisions of State law.
24		"Current beneficiary" means a person who is currently
25		receiving or eligible to receive a distribution of principal or

HB4049 Engrossed - 1949 - LRB099 03667 KTG 23678 b
1		income from the trustee on the date of the exercise of the
2		power.
3		"Distribute" means the power to pay directly to the
4		beneficiary of a trust or make application for the benefit of
5		the beneficiary.
6		"First trust" means an existing irrevocable inter vivos or
7		testamentary trust part or all of the principal of which is
8		distributed in further trust under subsection (c) or (d).
9		"Presumptive remainder beneficiary" means a beneficiary of
10		a trust, as of the date of determination and assuming
11		non-exercise of all powers of appointment, who either (i) would
12		be eligible to receive a distribution of income or principal if
13		the trust terminated on that date, or (ii) would be eligible to
14		receive a distribution of income or principal if the interests
15		of all beneficiaries currently eligible to receive income or
16		principal from the trust ended on that date without causing the
17		trust to terminate.
18		"Principal" includes the income of the trust at the time of
19		the exercise of the power that is not currently required to be
20		distributed, including accrued and accumulated income.
21		"Second trust" means any irrevocable trust to which
22		principal is distributed in accordance with subsection (c) or
23		(d).
24		"Successor beneficiary" means any beneficiary other than
25		the current and presumptive remainder beneficiaries, but does
26		not include a potential appointee of a power of appointment

HB4049 Engrossed - 1950 - LRB099 03667 KTG 23678 b
1		held by a beneficiary.
2		(b) Purpose. An independent trustee who has discretion to
3		make distributions to the beneficiaries shall exercise that
4		discretion in the trustee's fiduciary capacity, whether the
5		trustee's discretion is absolute or limited to ascertainable
6		standards, in furtherance of the purposes of the trust.
7		(c) Distribution to second trust if absolute discretion. An
8		authorized trustee who has the absolute discretion to
9		distribute the principal of a trust may distribute part or all
10		of the principal of the trust in favor of a trustee of a second
11		trust for the benefit of one, more than one, or all of the
12		current beneficiaries of the first trust and for the benefit of
13		one, more than one, or all of the successor and remainder
14		beneficiaries of the first trust.
15		(1) If the authorized trustee exercises the power under
16		this subsection, the authorized trustee may grant a power
17		of appointment (including a presently exercisable power of
18		appointment) in the second trust to one or more of the
19		current beneficiaries of the first trust, provided that the
20		beneficiary granted a power to appoint could receive the
21		principal outright under the terms of the first trust.
22		(2) If the authorized trustee grants a power of
23		appointment, the class of permissible appointees in favor
24		of whom a beneficiary may exercise the power of appointment
25		granted in the second trust may be broader than or
26		otherwise different from the current, successor, and

HB4049 Engrossed - 1951 - LRB099 03667 KTG 23678 b
1		presumptive remainder beneficiaries of the first trust.
2		(3) If the beneficiary or beneficiaries of the first
3		trust are described as a class of persons, the beneficiary
4		or beneficiaries of the second trust may include one or
5		more persons of such class who become includible in the
6		class after the distribution to the second trust.
7		(d) Distribution to second trust if no absolute discretion.
8		An authorized trustee who has the power to distribute the
9		principal of a trust but does not have the absolute discretion
10		to distribute the principal of the trust may distribute part or
11		all of the principal of the first trust in favor of a trustee
12		of a second trust, provided that the current beneficiaries of
13		the second trust shall be the same as the current beneficiaries
14		of the first trust and the successor and remainder
15		beneficiaries of the second trust shall be the same as the
16		successor and remainder beneficiaries of the first trust.
17		(1) If the authorized trustee exercises the power under
18		this subsection (d), the second trust shall include the
19		same language authorizing the trustee to distribute the
20		income or principal of a trust as set forth in the first
21		trust.
22		(2) If the beneficiary or beneficiaries of the first
23		trust are described as a class of persons, the beneficiary
24		or beneficiaries of the second trust shall include all
25		persons who become includible in the class after the
26		distribution to the second trust.

HB4049 Engrossed - 1952 - LRB099 03667 KTG 23678 b
1		(3) If the authorized trustee exercises the power under
2		this subsection (d) and if the first trust grants a power
3		of appointment to a beneficiary of the trust, the second
4		trust shall grant such power of appointment in the second
5		trust and the class of permissible appointees shall be the
6		same as in the first trust.
7		(4) Supplemental Needs Trusts.
8		(i) Notwithstanding the other provisions of this
9		subsection (d), the authorized trustee may distribute
10		part or all of the principal of the interest of a
11		beneficiary who has a disability a disabled
12		beneficiary's interest in the first trust in favor of a
13		trustee of a second trust which is a supplemental needs
14		trust if the authorized trustee determines that to do
15		so would be in the best interests of the beneficiary
16		who has a disability disabled beneficiary.
17		(ii) Definitions. For purposes of this subsection
18		(d):
19		"Best interests" of a beneficiary who has a
20		disability disabled beneficiary include, without
21		limitation, consideration of the financial impact
22		to the disabled beneficiary's family of the
23		beneficiary who has a disability.
24		"Beneficiary who has a disability Disabled
25		beneficiary" means a current beneficiary,
26		presumptive remainder beneficiary, or successor

HB4049 Engrossed - 1953 - LRB099 03667 KTG 23678 b
1		beneficiary of the first trust who the authorized
2		trustee determines has a disability that
3		substantially impairs the beneficiary's ability to
4		provide for his or her own care or custody and that
5		constitutes a substantial disability handicap,
6		whether or not the beneficiary has been
7		adjudicated a "person with a disability" disabled
8		person".
9		"Governmental benefits" means financial aid or
10		services from any State, Federal, or other public
11		agency.
12		"Supplemental needs second trust" means a
13		trust that complies with paragraph (iii) of this
14		paragraph (4) and that relative to the first trust
15		contains either lesser or greater restrictions on
16		the trustee's power to distribute trust income or
17		principal and which the trustee believes would, if
18		implemented, allow the beneficiary who has a
19		disability disabled beneficiary to receive a
20		greater degree of governmental benefits than the
21		beneficiary who has a disability disabled
22		beneficiary will receive if no distribution is
23		made.
24		(iii) Remainder beneficiaries. A supplemental
25		needs second trust may name remainder and successor
26		beneficiaries other than the disabled beneficiary's

HB4049 Engrossed - 1954 - LRB099 03667 KTG 23678 b
1		estate of the beneficiary with a disability, provided
2		that the second trust names the same presumptive
3		remainder beneficiaries and successor beneficiaries to
4		the disabled beneficiary's interest of the beneficiary
5		who has a disability, and in the same proportions, as
6		exist in the first trust. In addition to the foregoing,
7		where the first trust was created by the beneficiary
8		who has a disability disabled beneficiary or the trust
9		property has been distributed directly to or is
10		otherwise under the control of the beneficiary who has
11		a disability disabled beneficiary, the authorized
12		trustee may distribute to a "pooled trust" as defined
13		by federal Medicaid law for the benefit of the
14		beneficiary who has a disability disabled beneficiary
15		or the supplemental needs second trust must contain pay
16		back provisions complying with Medicaid reimbursement
17		requirements of federal law.
18		(iv) Reimbursement. A supplemental needs second
19		trust shall not be liable to pay or reimburse the State
20		or any public agency for financial aid or services to
21		the beneficiary who has a disability disabled
22		beneficiary except as provided in the supplemental
23		needs second trust.
24		(e) Notice. An authorized trustee may exercise the power to
25		distribute in favor of a second trust under subsections (c) and
26		(d) without the consent of the settlor or the beneficiaries of

HB4049 Engrossed - 1955 - LRB099 03667 KTG 23678 b
1		the first trust and without court approval if:
2		(1) there are one or more legally competent current
3		beneficiaries and one or more legally competent
4		presumptive remainder beneficiaries and the authorized
5		trustee sends written notice of the trustee's decision,
6		specifying the manner in which the trustee intends to
7		exercise the power and the prospective effective date for
8		the distribution, to all of the legally competent current
9		beneficiaries and presumptive remainder beneficiaries,
10		determined as of the date the notice is sent and assuming
11		non-exercise of all powers of appointment; and
12		(2) no beneficiary to whom notice was sent objects to
13		the distribution in writing delivered to the trustee within
14		60 days after the notice is sent ("notice period").
15		A trustee is not required to provide a copy of the notice
16		to a beneficiary who is known to the trustee but who cannot be
17		located by the trustee after reasonable diligence or who is not
18		known to the trustee.
19		If a charity is a current beneficiary or presumptive
20		remainder beneficiary of the trust, the notice shall also be
21		given to the Attorney General's Charitable Trust Bureau.
22		(f) Court involvement.
23		(1) The trustee may for any reason elect to petition
24		the court to order the distribution, including, without
25		limitation, the reason that the trustee's exercise of the
26		power to distribute under this Section is unavailable, such

HB4049 Engrossed - 1956 - LRB099 03667 KTG 23678 b
1		as:
2		(a) a beneficiary timely objects to the
3		distribution in a writing delivered to the trustee
4		within the time period specified in the notice; or
5		(b) there are no legally competent current
6		beneficiaries or legally competent presumptive
7		remainder beneficiaries.
8		(2) If the trustee receives a written objection within
9		the notice period, either the trustee or the beneficiary
10		may petition the court to approve, modify, or deny the
11		exercise of the trustee's powers. The trustee has the
12		burden of proving the proposed exercise of the power
13		furthers the purposes of the trust.
14		(3) In a judicial proceeding under this subsection (f),
15		the trustee may, but need not, present the trustee's
16		opinions and reasons for supporting or opposing the
17		proposed distribution, including whether the trustee
18		believes it would enable the trustee to better carry out
19		the purposes of the trust. A trustee's actions in
20		accordance with this Section shall not be deemed improper
21		or inconsistent with the trustee's duty of impartiality
22		unless the court finds from all the evidence that the
23		trustee acted in bad faith.
24		(g) Term of the second trust. The second trust to which an
25		authorized trustee distributes the assets of the first trust
26		may have a term that is longer than the term set forth in the

HB4049 Engrossed - 1957 - LRB099 03667 KTG 23678 b
1		first trust, including, but not limited to, a term measured by
2		the lifetime of a current beneficiary; provided, however, that
3		the second trust shall be limited to the same permissible
4		period of the rule against perpetuities that applied to the
5		first trust, unless the first trust expressly permits the
6		trustee to extend or lengthen its perpetuities period.
7		(h) Divided discretion. If an authorized trustee has
8		absolute discretion to distribute the principal of a trust and
9		the same trustee or another trustee has the power to distribute
10		principal under the trust instrument which power is not
11		absolute discretion, such authorized trustee having absolute
12		discretion may exercise the power to distribute under
13		subsection (c).
14		(i) Later discovered assets. To the extent the authorized
15		trustee does not provide otherwise:
16		(1) The distribution of all of the assets comprising
17		the principal of the first trust in favor of a second trust
18		shall be deemed to include subsequently discovered assets
19		otherwise belonging to the first trust and undistributed
20		principal paid to or acquired by the first trust subsequent
21		to the distribution in favor of the second trust.
22		(2) The distribution of part but not all of the assets
23		comprising the principal of the first trust in favor of a
24		second trust shall not include subsequently discovered
25		assets belonging to the first trust and principal paid to
26		or acquired by the first trust subsequent to the

HB4049 Engrossed - 1958 - LRB099 03667 KTG 23678 b
1		distribution in favor of a second trust; such assets shall
2		remain the assets of the first trust.
3		(j) Other authority to distribute in further trust. This
4		Section shall not be construed to abridge the right of any
5		trustee to distribute property in further trust that arises
6		under the terms of the governing instrument of a trust, any
7		provision of applicable law, or a court order. In addition,
8		distribution of trust principal to a second trust may be made
9		by agreement between a trustee and all primary beneficiaries of
10		a first trust, acting either individually or by their
11		respective representatives in accordance with Section 16.1 of
12		this Act.
13		(k) Need to distribute not required. An authorized trustee
14		may exercise the power to distribute in favor of a second trust
15		under subsections (c) and (d) whether or not there is a current
16		need to distribute principal under the terms of the first
17		trust.
18		(l) No duty to distribute. Nothing in this Section is
19		intended to create or imply a duty to exercise a power to
20		distribute principal, and no inference of impropriety shall be
21		made as a result of an authorized trustee not exercising the
22		power conferred under subsection (c) or (d). Notwithstanding
23		any other provision of this Section, a trustee has no duty to
24		inform beneficiaries about the availability of this Section and
25		no duty to review the trust to determine whether any action
26		should be taken under this Section.

HB4049 Engrossed - 1959 - LRB099 03667 KTG 23678 b
1		(m) Express prohibition. A power authorized by subsection
2		(c) or (d) may not be exercised if expressly prohibited by the
3		terms of the governing instrument, but a general prohibition of
4		the amendment or revocation of the first trust or a provision
5		that constitutes a spendthrift clause shall not preclude the
6		exercise of a power under subsection (c) or (d).
7		(n) Restrictions. An authorized trustee may not exercise a
8		power authorized by subsection (c) or (d) to affect any of the
9		following:
10		(1) to reduce, limit or modify any beneficiary's
11		current right to a mandatory distribution of income or
12		principal, a mandatory annuity or unitrust interest, a
13		right to withdraw a percentage of the value of the trust or
14		a right to withdraw a specified dollar amount provided that
15		such mandatory right has come into effect with respect to
16		the beneficiary, except with respect to a second trust
17		which is a supplemental needs trust;
18		(2) to decrease or indemnify against a trustee's
19		liability or exonerate a trustee from liability for failure
20		to exercise reasonable care, diligence, and prudence;
21		except to indemnify or exonerate one party from liability
22		for actions of another party with respect to distribution
23		that unbundles the governance structure of a trust to
24		divide and separate fiduciary and nonfiduciary
25		responsibilities among several parties, including without
26		limitation one or more trustees, distribution advisors,

HB4049 Engrossed - 1960 - LRB099 03667 KTG 23678 b
1		investment advisors, trust protectors, or other parties,
2		provided however that such modified governance structure
3		may reallocate fiduciary responsibilities from one party
4		to another but may not reduce them;
5		(3) to eliminate a provision granting another person
6		the right to remove or replace the authorized trustee
7		exercising the power under subsection (c) or (d); provided,
8		however, such person's right to remove or replace the
9		authorized trustee may be eliminated if a separate
10		independent, non-subservient individual or entity, such as
11		a trust protector, acting in a nonfiduciary capacity has
12		the right to remove or replace the authorized trustee;
13		(4) to reduce, limit or modify the perpetuities
14		provision specified in the first trust in the second trust,
15		unless the first trust expressly permits the trustee to do
16		so.
17		(o) Exception. Notwithstanding the provisions of paragraph
18		(1) of subsection (n) but subject to the other limitations in
19		this Section, an authorized trustee may exercise a power
20		authorized by subsection (c) or (d) to distribute to a second
21		trust; provided, however, that the exercise of such power does
22		not subject the second trust to claims of reimbursement by any
23		private or governmental body and does not at any time interfere
24		with, reduce the amount of, or jeopardize an individual's
25		entitlement to government benefits.
26		(p) Tax limitations. If any contribution to the first trust

HB4049 Engrossed - 1961 - LRB099 03667 KTG 23678 b
1		qualified for the annual exclusion under Section 2503(b) of the
2		Code, the marital deduction under Section 2056(a) or 2523(a) of
3		the Code, or the charitable deduction under Section 170(a),
4		642(c), 2055(a) or 2522(a) of the Code, is a direct skip
5		qualifying for treatment under Section 2642(c) of the Code, or
6		qualified for any other specific tax benefit that would be lost
7		by the existence of the authorized trustee's authority under
8		subsection (c) or (d) for income, gift, estate, or
9		generation-skipping transfer tax purposes under the Code, then
10		the authorized trustee shall not have the power to distribute
11		the principal of a trust pursuant to subsection (c) or (d) in a
12		manner that would prevent the contribution to the first trust
13		from qualifying for or would reduce the exclusion, deduction,
14		or other tax benefit that was originally claimed with respect
15		to that contribution.
16		(1) Notwithstanding the provisions of this subsection
17		(p), the authorized trustee may exercise the power to pay
18		the first trust to a trust as to which the settlor of the
19		first trust is not considered the owner under Subpart E of
20		Part I of Subchapter J of Chapter 1 of Subtitle A of the
21		Code even if the settlor is considered such owner of the
22		first trust. Nothing in this Section shall be construed as
23		preventing the authorized trustee from distributing part
24		or all of the first trust to a second trust that is a trust
25		as to which the settlor of the first trust is considered
26		the owner under Subpart E of Part I of Subchapter J of

HB4049 Engrossed - 1962 - LRB099 03667 KTG 23678 b
1		Chapter 1 of Subtitle A of the Code.
2		(2) During any period when the first trust owns
3		subchapter S corporation stock, an authorized trustee may
4		not exercise a power authorized by paragraph (c) or (d) to
5		distribute part or all of the S corporation stock to a
6		second trust that is not a permitted shareholder under
7		Section 1361(c)(2) of the Code.
8		(3) During any period when the first trust owns an
9		interest in property subject to the minimum distribution
10		rules of Section 401(a)(9) of the Code, an authorized
11		trustee may not exercise a power authorized by subsection
12		(c) or (d) to distribute part or all of the interest in
13		such property to a second trust that would result in the
14		shortening of the minimum distribution period to which the
15		property is subject in the first trust.
16		(q) Limits on compensation of trustee.
17		(1) Unless the court upon application of the trustee
18		directs otherwise, an authorized trustee may not exercise a
19		power authorized by subsection (c) or (d) solely to change
20		the provisions regarding the determination of the
21		compensation of any trustee; provided, however, an
22		authorized trustee may exercise the power authorized in
23		subsection (c) or (d) in conjunction with other valid and
24		reasonable purposes to bring the trustee's compensation
25		into accord with reasonable limits in accord with Illinois
26		law in effect at the time of the exercise.

HB4049 Engrossed - 1963 - LRB099 03667 KTG 23678 b
1		(2) The compensation payable to the trustee or trustees
2		of the first trust may continue to be paid to the trustees
3		of the second trust during the terms of the second trust
4		and may be determined in the same manner as otherwise would
5		have applied in the first trust; provided, however, that no
6		trustee shall receive any commission or other compensation
7		imposed upon assets distributed due to the distribution of
8		property from the first trust to a second trust pursuant to
9		subsection (c) or (d).
10		(r) Written instrument. The exercise of a power to
11		distribute principal under subsection (c) or (d) must be made
12		by an instrument in writing, signed and acknowledged by the
13		trustee, and filed with the records of the first trust and the
14		second trust.
15		(s) Terms of second trust. Any reference to the governing
16		instrument or terms of the governing instrument in this Act
17		includes the terms of a second trust established in accordance
18		with this Section.
19		(t) Settlor. The settlor of a first trust is considered for
20		all purposes to be the settlor of any second trust established
21		in accordance with this Section. If the settlor of a first
22		trust is not also the settlor of a second trust, then the
23		settlor of the first trust shall be considered the settlor of
24		the second trust, but only with respect to the portion of
25		second trust distributed from the first trust in accordance
26		with this Section.

HB4049 Engrossed - 1964 - LRB099 03667 KTG 23678 b
1		(u) Remedies. A trustee who reasonably and in good faith
2		takes or omits to take any action under this Section is not
3		liable to any person interested in the trust. An act or
4		omission by a trustee under this Section is presumed taken or
5		omitted reasonably and in good faith unless it is determined by
6		the court to have been an abuse of discretion. If a trustee
7		reasonably and in good faith takes or omits to take any action
8		under this Section and a person interested in the trust opposes
9		the act or omission, the person's exclusive remedy is to obtain
10		an order of the court directing the trustee to exercise
11		authority in accordance with this Section in such manner as the
12		court determines necessary or helpful for the proper
13		functioning of the trust, including without limitation
14		prospectively to modify or reverse a prior exercise of such
15		authority. Any claim by any person interested in the trust that
16		an act or omission by a trustee under this Section was an abuse
17		of discretion is barred if not asserted in a proceeding
18		commenced by or on behalf of the person within 2 years after
19		the trustee has sent to the person or the person's personal
20		representative a notice or report in writing sufficiently
21		disclosing facts fundamental to the claim such that the person
22		knew or reasonably should have known of the claim. Except for a
23		distribution of trust principal from a first trust to a second
24		trust made by agreement in accordance with Section 16.1 of this
25		Act, the preceding sentence shall not apply to a person who was
26		under a legal disability at the time the notice or report was

HB4049 Engrossed - 1965 - LRB099 03667 KTG 23678 b
1		sent and who then had no personal representative. For purposes
2		of this subsection (u), a personal representative refers to a
3		court appointed guardian or conservator of the estate of a
4		person.
5		(v) Application. This Section is available to trusts in
6		existence on the effective date of this amendatory Act of the
7		97th General Assembly or created on or after the effective date
8		of this amendatory Act of the 97th General Assembly. This
9		Section shall be construed as pertaining to the administration
10		of a trust and shall be available to any trust that is
11		administered in Illinois under Illinois law or that is governed
12		by Illinois law with respect to the meaning and effect of its
13		terms, including a trust whose governing law has been changed
14		to the laws of this State, unless the governing instrument
15		expressly prohibits use of this Section by specific reference
16		to this Section. A provision in the governing instrument in the
17		form: "Neither the provisions of Section 16.4 of the Trusts and
18		Trustees Act nor any corresponding provision of future law may
19		be used in the administration of this trust" or a similar
20		provision demonstrating that intent is sufficient to preclude
21		the use of this Section.
22		(Source: P.A. 97-920, eff. 1-1-13.)
23		Section 975. The Illinois Uniform Transfers to Minors Act
24		is amended by changing Section 19 as follows:

HB4049 Engrossed - 1966 - LRB099 03667 KTG 23678 b
1		(760 ILCS 20/19) (from Ch. 110 1/2, par. 269)
2		Sec. 19. Renunciation, Resignation, Death, or Removal of
3		Custodian; Designation of Successor Custodian. (a) A person
4		nominated under Section 4 or designated under Section 6 or
5		Section 10 as custodian may decline to serve by delivering a
6		valid disclaimer to the person who made the nomination or
7		designation or to the transferor or the transferor's
8		representative. If the event giving rise to a transfer has not
9		occurred and no substitute custodian able, willing, and
10		eligible to serve was nominated under Section 4, the person who
11		made the nomination or designation may nominate a substitute
12		custodian; otherwise the transferor or the transferor's
13		representative shall designate a substitute custodian at the
14		time of the transfer in either case from among the persons
15		eligible to serve as custodian for that kind of property under
16		Section 10(a). The custodian so designated has the rights of a
17		successor custodian.
18		(b) At any time or times a transferor or his representative
19		may designate an adult or a trust company as successor
20		custodian, single or successive, by executing and dating an
21		instrument of designation and delivering it to the custodian or
22		if he is deceased or is a person with a disability disabled to
23		his representative. A custodian at any time when a vacancy
24		would otherwise occur may designate a trust company or an adult
25		as successor custodian by executing and dating an instrument of
26		designation. If an instrument of designation does not contain

HB4049 Engrossed - 1967 - LRB099 03667 KTG 23678 b
1		or is not accompanied by the resignation of the custodian, the
2		designation of the successor does not take effect until the
3		custodian resigns, dies, becomes a person with a disability
4		disabled, or is removed. If a transferor or a custodian has
5		executed more than one instrument of designation, the
6		instrument dated on the earlier date shall be treated as
7		revoked by the instrument dated on the later date; however, a
8		designation by a transferor or his representative shall not be
9		revoked by a custodian. A successor custodian has all the
10		powers, duties and immunities of a custodian designated in a
11		manner prescribed by this Act.
12		(c) A custodian may resign at any time by delivering
13		written notice to the minor if the minor has attained the age
14		of 14 years and to the successor custodian and by delivering
15		the custodial property to the successor custodian.
16		(d) If a custodian is ineligible, dies, or becomes a person
17		with a disability disabled and no successor has been
18		effectively designated and the minor has attained the age of 14
19		years, the minor may designate as successor custodian, in the
20		manner prescribed in subsection (b), an adult member of the
21		minor's family, a guardian of the minor, or a trust company. If
22		the minor has not attained the age of 14 years or fails to act
23		within 60 days after the ineligibility, death, or incapacity,
24		the guardian of the minor becomes successor custodian. If the
25		minor has no guardian or the guardian declines to act, the
26		transferor, the representative of the transferor or of the

HB4049 Engrossed - 1968 - LRB099 03667 KTG 23678 b
1		custodian, an adult member of the minor's family, or any other
2		interested person may petition the court to designate a
3		successor custodian.
4		(e) A custodian who declines to serve under subsection (a)
5		or resigns under subsection (c), or the representative of a
6		deceased custodian or a custodian with a disability or disabled
7		custodian, as soon as practicable, shall put the custodial
8		property and records in the possession and control of the
9		successor custodian. The successor custodian by action may
10		enforce the obligations to deliver custodial property and
11		records and becomes responsible for each item as received.
12		(f) A transferor, the representative of a transferor, an
13		adult member of the minor's family, a guardian of the person of
14		the minor, the guardian of the minor, or the minor if the minor
15		has attained the age of 14 years may petition the court to
16		remove the custodian for cause and to designate a successor
17		custodian not inconsistent with an effective designation or to
18		require the custodian to give appropriate bond.
19		(Source: P.A. 84-1129.)
20		Section 980. The Charitable Trust Act is amended by
21		changing Section 7.5 as follows:
22		(760 ILCS 55/7.5)
23		Sec. 7.5. Charitable trust for the benefit of a minor or
24		person with a disability disabled person; report.

HB4049 Engrossed - 1969 - LRB099 03667 KTG 23678 b
1		(a) In the case of a charitable trust established for the
2		benefit of a minor or person with a disability disabled person,
3		the person or trustee responsible for the trust, if not the
4		guardian or parent, shall report its existence by certified or
5		registered United States mail to the parent or guardian of the
6		minor or person with a disability disabled person within 30
7		days after formation of the trust and every 6 months
8		thereafter. The written report shall include the name and
9		address of the trustee or trustees responsible for the trust,
10		the name and address of the financial institution at which
11		funds for the trust are held, the amount of funds raised for
12		the trust, and an itemized list of expenses for administration
13		of the trust.
14		The guardian of the estate of the minor or person with a
15		disability disabled person shall report the existence of the
16		trust as part of the ward's estate to the court that appointed
17		the guardian as part of its responsibility to manage the ward's
18		estate as established under Section 11-13 of the Probate Act of
19		1975. Compliance with this Section in no way affects other
20		requirements for trustee registration and reporting under this
21		Act or any accountings or authorizations required by the court
22		handling the ward's estate.
23		(b) If a person or trustee fails to report the existence of
24		the trust to the minor's or disabled person's parent or
25		guardian or to the parent or guardian of the person with a
26		disability as required in this Section, the person or trustee

HB4049 Engrossed - 1970 - LRB099 03667 KTG 23678 b
1		is subject to injunction, to removal, to account, and to other
2		appropriate relief before a court of competent jurisdiction
3		exercising chancery jurisdiction.
4		(c) For the purpose of this Section, a charitable trust for
5		the benefit of a minor or person with a disability disabled
6		person is a trust, including a special needs trust, that
7		receives funds solicited from the public under representations
8		that such will (i) benefit a needy minor or person with a
9		disability disabled person, (ii) pay the medical or living
10		expenses of the minor or person with a disability disabled
11		person, or (iii) be used to assist in family expenses of the
12		minor or person with a disability disabled person.
13		(d) Each and every trustee of a charitable trust for the
14		benefit of a minor or person with a disability disabled person
15		must register under this Act and in addition must file an
16		annual report as required by Section 7 of this Act.
17		(Source: P.A. 91-620, eff. 8-19-99.)
18		Section 985. The Real Estate Timeshare Act of 1999 is
19		amended by changing Section 1-25 as follows:
20		(765 ILCS 101/1-25)
21		Sec. 1-25. Local powers; construction.
22		(a) Except as specifically provided in this Section, the
23		regulation of timeshare plans and exchange programs is an
24		exclusive power and function of the State. A unit of local

HB4049 Engrossed - 1971 - LRB099 03667 KTG 23678 b
1		government, including a home rule unit, may not regulate
2		timeshare plans and exchange programs. This subsection is a
3		denial and limitation of home rule powers and functions under
4		subsection (h) of Section 6 of Article VII of the Illinois
5		Constitution.
6		(b) Notwithstanding subsection (a), no provision of this
7		Act invalidates or modifies any provision of any zoning,
8		subdivision, or building code or other real estate use law,
9		ordinance, or regulation.
10		Further, nothing in this Act shall be construed to affect
11		or impair the validity of Section 11-11.1-1 of the Illinois
12		Municipal Code or to deny to the corporate authorities of any
13		municipality the powers granted in that Code to enact
14		ordinances (i) prescribing fair housing practices, (ii)
15		defining unfair housing practices, (iii) establishing fair
16		housing or human relations commissions and standards for the
17		operation of such commissions in the administration and
18		enforcement of such ordinances, (iv) prohibiting
19		discrimination based on age, ancestry, color, creed, mental or
20		physical disability handicap, national origin, race, religion,
21		or sex in the listing, sale, assignment, exchange, transfer,
22		lease, rental, or financing of real property for the purpose of
23		the residential occupancy thereof, and (v) prescribing
24		penalties for violations of such ordinances.
25		(Source: P.A. 91-585, eff. 1-1-00.)

HB4049 Engrossed - 1972 - LRB099 03667 KTG 23678 b
1		Section 990. The Condominium Property Act is amended by
2		changing Section 18.4 as follows:
3		(765 ILCS 605/18.4) (from Ch. 30, par. 318.4)
4		Sec. 18.4. Powers and duties of board of managers. The
5		board of managers shall exercise for the association all
6		powers, duties and authority vested in the association by law
7		or the condominium instruments except for such powers, duties
8		and authority reserved by law to the members of the
9		association. The powers and duties of the board of managers
10		shall include, but shall not be limited to, the following:
11		(a) To provide for the operation, care, upkeep,
12		maintenance, replacement and improvement of the common
13		elements. Nothing in this subsection (a) shall be deemed to
14		invalidate any provision in a condominium instrument
15		placing limits on expenditures for the common elements,
16		provided, that such limits shall not be applicable to
17		expenditures for repair, replacement, or restoration of
18		existing portions of the common elements. The term "repair,
19		replacement or restoration" means expenditures to
20		deteriorated or damaged portions of the property related to
21		the existing decorating, facilities, or structural or
22		mechanical components, interior or exterior surfaces, or
23		energy systems and equipment with the functional
24		equivalent of the original portions of such areas.
25		Replacement of the common elements may result in an

HB4049 Engrossed - 1973 - LRB099 03667 KTG 23678 b
1		improvement over the original quality of such elements or
2		facilities; provided that, unless the improvement is
3		mandated by law or is an emergency as defined in item (iv)
4		of subparagraph (8) of paragraph (a) of Section 18, if the
5		improvement results in a proposed expenditure exceeding 5%
6		of the annual budget, the board of managers, upon written
7		petition by unit owners with 20% of the votes of the
8		association delivered to the board within 14 days of the
9		board action to approve the expenditure, shall call a
10		meeting of the unit owners within 30 days of the date of
11		delivery of the petition to consider the expenditure.
12		Unless a majority of the total votes of the unit owners are
13		cast at the meeting to reject the expenditure, it is
14		ratified.
15		(b) To prepare, adopt and distribute the annual budget
16		for the property.
17		(c) To levy and expend assessments.
18		(d) To collect assessments from unit owners.
19		(e) To provide for the employment and dismissal of the
20		personnel necessary or advisable for the maintenance and
21		operation of the common elements.
22		(f) To obtain adequate and appropriate kinds of
23		insurance.
24		(g) To own, convey, encumber, lease, and otherwise deal
25		with units conveyed to or purchased by it.
26		(h) To adopt and amend rules and regulations covering

HB4049 Engrossed - 1974 - LRB099 03667 KTG 23678 b
1		the details of the operation and use of the property, after
2		a meeting of the unit owners called for the specific
3		purpose of discussing the proposed rules and regulations.
4		Notice of the meeting shall contain the full text of the
5		proposed rules and regulations, and the meeting shall
6		conform to the requirements of Section 18(b) of this Act,
7		except that no quorum is required at the meeting of the
8		unit owners unless the declaration, bylaws or other
9		condominium instrument expressly provides to the contrary.
10		However, no rule or regulation may impair any rights
11		guaranteed by the First Amendment to the Constitution of
12		the United States or Section 4 of Article I of the Illinois
13		Constitution including, but not limited to, the free
14		exercise of religion, nor may any rules or regulations
15		conflict with the provisions of this Act or the condominium
16		instruments. No rule or regulation shall prohibit any
17		reasonable accommodation for religious practices,
18		including the attachment of religiously mandated objects
19		to the front-door area of a condominium unit.
20		(i) To keep detailed, accurate records of the receipts
21		and expenditures affecting the use and operation of the
22		property.
23		(j) To have access to each unit from time to time as
24		may be necessary for the maintenance, repair or replacement
25		of any common elements or for making emergency repairs
26		necessary to prevent damage to the common elements or to

HB4049 Engrossed - 1975 - LRB099 03667 KTG 23678 b
1		other units.
2		(k) To pay real property taxes, special assessments,
3		and any other special taxes or charges of the State of
4		Illinois or of any political subdivision thereof, or other
5		lawful taxing or assessing body, which are authorized by
6		law to be assessed and levied upon the real property of the
7		condominium.
8		(l) To impose charges for late payment of a unit
9		owner's proportionate share of the common expenses, or any
10		other expenses lawfully agreed upon, and after notice and
11		an opportunity to be heard, to levy reasonable fines for
12		violation of the declaration, by-laws, and rules and
13		regulations of the association.
14		(m) Unless the condominium instruments expressly
15		provide to the contrary, by a majority vote of the entire
16		board of managers, to assign the right of the association
17		to future income from common expenses or other sources, and
18		to mortgage or pledge substantially all of the remaining
19		assets of the association.
20		(n) To record the dedication of a portion of the common
21		elements to a public body for use as, or in connection
22		with, a street or utility where authorized by the unit
23		owners under the provisions of Section 14.2.
24		(o) To record the granting of an easement for the
25		laying of cable television or high speed Internet cable
26		where authorized by the unit owners under the provisions of

HB4049 Engrossed - 1976 - LRB099 03667 KTG 23678 b
1		Section 14.3; to obtain, if available and determined by the
2		board to be in the best interests of the association, cable
3		television or bulk high speed Internet service for all of
4		the units of the condominium on a bulk identical service
5		and equal cost per unit basis; and to assess and recover
6		the expense as a common expense and, if so determined by
7		the board, to assess each and every unit on the same equal
8		cost per unit basis.
9		(p) To seek relief on behalf of all unit owners when
10		authorized pursuant to subsection (c) of Section 10 from or
11		in connection with the assessment or levying of real
12		property taxes, special assessments, and any other special
13		taxes or charges of the State of Illinois or of any
14		political subdivision thereof or of any lawful taxing or
15		assessing body.
16		(q) To reasonably accommodate the needs of a unit owner
17		who is a person with a disability handicapped unit owner as
18		required by the federal Civil Rights Act of 1968, the Human
19		Rights Act and any applicable local ordinances in the
20		exercise of its powers with respect to the use of common
21		elements or approval of modifications in an individual
22		unit.
23		(r) To accept service of a notice of claim for purposes
24		of the Mechanics Lien Act on behalf of each respective
25		member of the Unit Owners' Association with respect to
26		improvements performed pursuant to any contract entered

HB4049 Engrossed - 1977 - LRB099 03667 KTG 23678 b
1		into by the Board of Managers or any contract entered into
2		prior to the recording of the condominium declaration
3		pursuant to this Act, for a property containing more than 8
4		units, and to distribute the notice to the unit owners
5		within 7 days of the acceptance of the service by the Board
6		of Managers. The service shall be effective as if each
7		individual unit owner had been served individually with
8		notice.
9		(s) To adopt and amend rules and regulations (l)
10		authorizing electronic delivery of notices and other
11		communications required or contemplated by this Act to each
12		unit owner who provides the association with written
13		authorization for electronic delivery and an electronic
14		address to which such communications are to be
15		electronically transmitted; and (2) authorizing each unit
16		owner to designate an electronic address or a U.S. Postal
17		Service address, or both, as the unit owner's address on
18		any list of members or unit owners which an association is
19		required to provide upon request pursuant to any provision
20		of this Act or any condominium instrument.
21		In the performance of their duties, the officers and
22		members of the board, whether appointed by the developer or
23		elected by the unit owners, shall exercise the care required of
24		a fiduciary of the unit owners.
25		The collection of assessments from unit owners by an
26		association, board of managers or their duly authorized agents

HB4049 Engrossed - 1978 - LRB099 03667 KTG 23678 b
1		shall not be considered acts constituting a collection agency
2		for purposes of the Collection Agency Act.
3		The provisions of this Section are applicable to all
4		condominium instruments recorded under this Act. Any portion of
5		a condominium instrument which contains provisions contrary to
6		these provisions shall be void as against public policy and
7		ineffective. Any such instrument that fails to contain the
8		provisions required by this Section shall be deemed to
9		incorporate such provisions by operation of law.
10		(Source: P.A. 97-751, eff. 1-1-13; 98-735, eff. 1-1-15.)
11		Section 995. The Notice of Prepayment of Federally
12		Subsidized Mortgage Act is amended by changing Section 4 as
13		follows:
14		(765 ILCS 925/4) (from Ch. 67 1/2, par. 904)
15		Sec. 4. (a) An owner of subsidized housing shall provide to
16		the clerk of the unit of local government and to IHDA notice of
17		the earliest date upon which he may exercise prepayment of
18		mortgage. Such notice shall be delivered at least 12 months
19		prior to the date upon which the owner may prepay the mortgage.
20		The notice shall include the following information:
21		(1) the name and address of the owner or managing agent of
22		the building;
23		(2) the earliest date of allowed prepayment;
24		(3) the number of subsidized housing units in the building

HB4049 Engrossed - 1979 - LRB099 03667 KTG 23678 b
1		subject to prepayment, and the number of subsidized housing
2		units occupied by persons age 62 or older, or by persons with
3		disabilities disabled persons, and households with children;
4		(4) the rental payment paid by each household occupying a
5		subsidized housing unit, not including any federal subsidy
6		received by the owner for such subsidized housing unit; and
7		(5) the rent schedule for the subsidized housing units as
8		approved by HUD or FmHA.
9		Such notice shall be available to the public upon request.
10		(b) Twelve months prior to the date upon which an owner may
11		exercise prepayment of mortgage, the owner shall:
12		(1) post a copy of such notice in a prominent location in
13		the affected building and leave the notice posted during the
14		entire notice period, and
15		(2) deliver, personally or by certified mail, copies of the
16		notice to all tenants residing in the building.
17		The owner shall provide a copy of the notice to all
18		prospective tenants. Such notices shall be on forms prescribed
19		by IHDA.
20		(Source: P.A. 85-1438.)
21		Section 1000. The Illinois Human Rights Act is amended by
22		changing Section 3-104.1 as follows:
23		(775 ILCS 5/3-104.1) (from Ch. 68, par. 3-104.1)
24		Sec. 3-104.1. Refusal to sell or rent because a person has

HB4049 Engrossed - 1980 - LRB099 03667 KTG 23678 b
1		a guide, hearing or support dog. It is a civil rights violation
2		for the owner or agent of any housing accommodation to:
3		(A) refuse to sell or rent after the making of a bonafide
4		offer, or to refuse to negotiate for the sale or rental of, or
5		otherwise make unavailable or deny property to any blind or ,
6		hearing impaired person or person with a physical disability or
7		physically disabled person because he has a guide, hearing or
8		support dog; or
9		(B) discriminate against any blind or , hearing impaired
10		person or person with a physical disability or physically
11		disabled person in the terms, conditions, or privileges of sale
12		or rental property, or in the provision of services or
13		facilities in connection therewith, because he has a guide,
14		hearing or support dog; or
15		(C) require, because a blind or , hearing impaired person
16		or person with a physical disability or physically disabled
17		person has a guide, hearing or support dog, an extra charge in
18		a lease, rental agreement, or contract of purchase or sale,
19		other than for actual damage done to the premises by the dog.
20		(Source: P.A. 95-668, eff. 10-10-07.)
21		Section 1005. The Public Works Employment Discrimination
22		Act is amended by changing Sections 4 and 8 as follows:
23		(775 ILCS 10/4) (from Ch. 29, par. 20)
24		Sec. 4. No contractor, subcontractor, nor any person on his

HB4049 Engrossed - 1981 - LRB099 03667 KTG 23678 b
1		or her behalf shall, in any manner, discriminate against or
2		intimidate any employee hired for the performance of work for
3		the benefit of the State or for any department, bureau,
4		commission, board, other political subdivision or agency,
5		officer or agent thereof, on account of race, color, creed,
6		sex, religion, physical or mental disability handicap
7		unrelated to ability, or national origin; and there may be
8		deducted from the amount payable to the contractor by the State
9		of Illinois or by any municipal corporation thereof, under this
10		contract, a penalty of five dollars for each person for each
11		calendar day during which such person was discriminated against
12		or intimidated in violation of the provisions of this Act.
13		(Source: P.A. 80-336.)
14		(775 ILCS 10/8) (from Ch. 29, par. 24)
15		Sec. 8. The invalidity or unconstitutionality of any one or
16		more provisions, parts, or sections of this Act shall not be
17		held or construed to invalidate the whole or any other
18		provision, part, or section thereof, it being intended that
19		this Act shall be sustained and enforced to the fullest extent
20		possible and that it shall be construed as liberally as
21		possible to prevent refusals, denials, and discriminations of
22		and with reference to the award of contracts and employment
23		thereunder, on the ground of race, color, creed, sex, religion,
24		physical or mental disability handicap unrelated to ability, or
25		national origin.

HB4049 Engrossed - 1982 - LRB099 03667 KTG 23678 b
1		(Source: P.A. 80-336.)
2		Section 1010. The Defense Contract Employment
3		Discrimination Act is amended by changing Sections 1, 3, and 7
4		as follows:
5		(775 ILCS 20/1) (from Ch. 29, par. 24a)
6		Sec. 1. In the construction of this act the public policy
7		of the state of Illinois is hereby declared as follows: To
8		facilitate the rearmament and defense program of the Federal
9		government by the integration into the war defense industries
10		of the state of Illinois all available types of labor, skilled,
11		semi-skilled and common shall participate without
12		discrimination as to race, color, creed, sex, religion,
13		physical or mental disability handicap unrelated to ability, or
14		national origin whatsoever.
15		(Source: P.A. 80-337.)
16		(775 ILCS 20/3) (from Ch. 29, par. 24c)
17		Sec. 3. It shall be unlawful for any war defense
18		contractor, its officers or agents or employees to discriminate
19		against any citizen of the state of Illinois because of race,
20		color, creed, sex, religion, physical or mental disability
21		handicap unrelated to ability, or national origin in the hiring
22		of employees and training for skilled or semi-skilled
23		employment, and every such discrimination shall be deemed a

HB4049 Engrossed - 1983 - LRB099 03667 KTG 23678 b
1		violation of this act.
2		(Source: P.A. 80-337.)
3		(775 ILCS 20/7) (from Ch. 29, par. 24g)
4		Sec. 7. Whereas, each day a national defense emergency
5		exists, persons of health, ability and skill are hourly being
6		deprived of training and employment solely because of
7		discrimination of color, race, creed, sex, religion, physical
8		or mental disability handicap unrelated to ability, or national
9		origin. The penalty set out in paragraph 6 shall be a separate
10		offense for each day and the offender shall be fined for each
11		day's violation separately.
12		(Source: P.A. 80-337.)
13		Section 1015. The White Cane Law is amended by changing the
14		title of the Act and Sections 2, 3, 4, 5, and 6 as follows:
15		(775 ILCS 30/Act title)
16		An Act in relation to the rights of persons who are blind
17		or who have other disabilities otherwise physically disabled.
18		(775 ILCS 30/2) (from Ch. 23, par. 3362)
19		Sec. 2. It is the policy of this State to encourage and
20		enable persons who are blind, persons who have a visual
21		disability, and persons who have other physical disabilities
22		the blind, the visually handicapped and the otherwise

HB4049 Engrossed - 1984 - LRB099 03667 KTG 23678 b
1		physically disabled to participate fully in the social and
2		economic life of the State and to engage in remunerative
3		employment.
4		(Source: P.A. 76-663.)
5		(775 ILCS 30/3) (from Ch. 23, par. 3363)
6		Sec. 3. The blind, persons who have a visual disability the
7		visually handicapped, the hearing impaired, persons who are
8		subject to epilepsy or other seizure disorders, and persons who
9		have other physical disabilities the otherwise physically
10		disabled have the same right as the able-bodied to the full and
11		free use of the streets, highways, sidewalks, walkways, public
12		buildings, public facilities and other public places.
13		The blind, persons who have a visual disability the
14		visually handicapped, the hearing impaired, persons who are
15		subject to epilepsy or other seizure disorders, and persons who
16		have other physical disabilities the otherwise physically
17		disabled are entitled to full and equal accommodations,
18		advantages, facilities and privileges of all common carriers,
19		airplanes, motor vehicles, railroad trains, motor buses,
20		street cars, boats or any other public conveyances or modes of
21		transportation, hotels, lodging places, places of public
22		accommodation, amusement or resort and other places to which
23		the general public is invited, subject only to the conditions
24		and limitations established by law and applicable alike to all
25		persons.

HB4049 Engrossed - 1985 - LRB099 03667 KTG 23678 b
1		Every totally or partially blind or , hearing impaired
2		person, person who is subject to epilepsy or other seizure
3		disorders, or person who has any other physical disability
4		otherwise physically disabled person or a trainer of support
5		dogs, guide dogs, seizure-alert dogs, seizure-response dogs,
6		or hearing dogs shall have the right to be accompanied by a
7		support dog or guide dog especially trained for the purpose, or
8		a dog that is being trained to be a support dog, guide dog,
9		seizure-alert dog, seizure-response dog, or hearing dog, in any
10		of the places listed in this Section without being required to
11		pay an extra charge for the guide, support, seizure-alert,
12		seizure-response, or hearing dog; provided that he shall be
13		liable for any damage done to the premises or facilities by
14		such dog.
15		(Source: P.A. 92-187, eff. 1-1-02; 93-532, eff. 1-1-04.)
16		(775 ILCS 30/4) (from Ch. 23, par. 3364)
17		Sec. 4. Any person or persons, firm or corporation, or the
18		agent of any person or persons, firm or corporation who denies
19		or interferes with admittance to or enjoyment of the public
20		facilities enumerated in Section 3 of this Act or otherwise
21		interferes with the rights of a totally or partially blind
22		person or a person who has any other disability or otherwise
23		disabled person under Section 3 of this Act shall be guilty of
24		a Class A misdemeanor.
25		(Source: P.A. 77-2830.)

HB4049 Engrossed - 1986 - LRB099 03667 KTG 23678 b
1		(775 ILCS 30/5) (from Ch. 23, par. 3365)
2		Sec. 5. It is the policy of this State that persons who are
3		blind, persons who have a visual disability, and persons with
4		other physical disabilities the blind, the visually
5		handicapped and the otherwise physically disabled shall be
6		employed in the State Service, the service of the political
7		subdivisions of the State, in the public schools and in all
8		other employment supported in whole or in part by public funds
9		on the same terms and conditions as the able-bodied, unless it
10		is shown that the particular disability prevents the
11		performance of the work involved.
12		(Source: P.A. 76-663.)
13		(775 ILCS 30/6) (from Ch. 23, par. 3366)
14		Sec. 6. Each year, the Governor is authorized and requested
15		to designate and take suitable public notice of White Cane
16		Safety Day and to issue a proclamation in which:
17		(a) he comments upon the significance of the white cane;
18		(b) he calls upon the citizens of the State to observe the
19		provisions of the White Cane Law and to take precautions
20		necessary to the safety of persons with disabilities the
21		disabled;
22		(c) he reminds the citizens of the State of the policies
23		with respect to the disabled herein declared and urges the
24		citizens to cooperate in giving effect to them;

HB4049 Engrossed - 1987 - LRB099 03667 KTG 23678 b
1		(d) he emphasizes the need of the citizens to be aware of
2		the presence of disabled persons in the community and to keep
3		safe and functional for the disabled the streets, highways,
4		sidewalks, walkways, public buildings, public facilities,
5		other public places, places of public accommodation, amusement
6		and resort, and other places to which the public is invited,
7		and to offer assistance to disabled persons upon appropriate
8		occasions.
9		(Source: P.A. 76-663.)
10		Section 1020. The Disposition of Remains Act is amended by
11		changing Section 10 as follows:
12		(755 ILCS 65/10)
13		Sec. 10. Form. The written instrument authorizing the
14		disposition of remains under paragraph (1) of Section 5 of this
15		Act shall be in substantially the following form:
16		"APPOINTMENT OF AGENT TO CONTROL DISPOSITION OF REMAINS
17
18		I, ................................, being of sound
19		mind, willfully and voluntarily make known my desire that,
20		upon my death, the disposition of my remains shall be
21		controlled by ................... (name of agent first
22		named below) and, with respect to that subject only, I
23		hereby appoint such person as my agent (attorney-in-fact).

HB4049 Engrossed - 1988 - LRB099 03667 KTG 23678 b
1		All decisions made by my agent with respect to the
2		disposition of my remains, including cremation, shall be
3		binding.
4		SPECIAL DIRECTIONS:
5		Set forth below are any special directions limiting
6		the power granted to my agent:
7		..............................
8		..............................
9		..............................
10		If the disposition of my remains is by cremation, then:
11		( ) I do not wish to allow any of my survivors the option of
12		canceling my cremation and selecting alternative arrangements,
13		regardless of whether my survivors deem a change to be
14		appropriate.
15		( ) I wish to allow only the survivors I have designated below
16		the option of canceling my cremation and selecting alternative
17		arrangements, if they deem a change to be appropriate:
18		......................................................
19		......................................................
20		......................................................
21		ASSUMPTION:

HB4049 Engrossed - 1989 - LRB099 03667 KTG 23678 b
1		THE AGENT, AND EACH SUCCESSOR AGENT, BY ACCEPTING THIS
2		APPOINTMENT, AGREES TO AND ASSUMES THE OBLIGATIONS
3		PROVIDED HEREIN. AN AGENT MAY SIGN AT ANY TIME, BUT AN
4		AGENT'S AUTHORITY TO ACT IS NOT EFFECTIVE UNTIL THE AGENT
5		SIGNS BELOW TO INDICATE THE ACCEPTANCE OF APPOINTMENT. ANY
6		NUMBER OF AGENTS MAY SIGN, BUT ONLY THE SIGNATURE OF THE
7		AGENT ACTING AT ANY TIME IS REQUIRED.
8		AGENT:
9		Name: ......................................
10		Address: ...................................
11		Telephone Number: ..........................
12		Signature Indicating Acceptance of Appointment: .........
13		Date of Signature: .........................
14		SUCCESSORS:
15		If my agent dies, is determined by a court to be under
16		a legal disability becomes legally disabled, resigns, or
17		refuses to act, I hereby appoint the following persons
18		(each to act alone and successively, in the order named) to
19		serve as my agent (attorney-in-fact) to control the
20		disposition of my remains as authorized by this document:
21		1. First Successor

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1		Name: ......................................
2		Address: ...................................
3		Telephone Number: ..........................
4		Signature Indicating Acceptance of Appointment: .........
5		Date of Signature: ....................
6		2. Second Successor
7		Name: ......................................
8		Address: ...................................
9		Telephone Number: ..........................
10		Signature Indicating Acceptance of Appointment: .........
11		Date of Signature: .............
12		DURATION:
13		This appointment becomes effective upon my death.
14		PRIOR APPOINTMENTS REVOKED:
15		I hereby revoke any prior appointment of any person to
16		control the disposition of my remains.
17		RELIANCE:
18		I hereby agree that any hospital, cemetery
19		organization, business operating a crematory or
20		columbarium or both, funeral director or embalmer, or
21		funeral establishment who receives a copy of this document

HB4049 Engrossed - 1991 - LRB099 03667 KTG 23678 b
1		may act under it. Any modification or revocation of this
2		document is not effective as to any such party until that
3		party receives actual notice of the modification or
4		revocation. No such party shall be liable because of
5		reliance on a copy of this document.
6		Signed this ...... day of .............., ...........
7		.........................................
8		STATE OF ..................
9		COUNTY OF .................
10		BEFORE ME, the undersigned, a Notary Public, on this
11		day personally appeared ...................., proved to me
12		on the basis of satisfactory evidence to be the person
13		whose name is subscribed to the foregoing instrument and
14		acknowledged to me that he/she executed the same for the
15		purposes and consideration therein expressed.
16		GIVEN UNDER MY HAND AND SEAL OF OFFICE this ..... day
17		of ................, 2........
18		..........................................
19		Printed Name: .............................

HB4049 Engrossed - 1992 - LRB099 03667 KTG 23678 b
1		Notary Public, State of ...................
2		My Commission Expires:
3		....................".
4		(Source: P.A. 94-561, eff. 1-1-06; 94-1051, eff. 7-24-06.)
5		Section 1025. The Credit Card Issuance Act is amended by
6		changing Section 1b as follows:
7		(815 ILCS 140/1b) (from Ch. 17, par. 6003)
8		Sec. 1b. All credit card applications shall contain the
9		following words verbatim:
10		a. No applicant may be denied a credit card on account of
11		race, color, religion, national origin, ancestry, age (between
12		40 and 70), sex, marital status, physical or mental disability
13		handicap unrelated to the ability to pay or unfavorable
14		discharge from military service.
15		b. The applicant may request the reason for rejection of
16		his or her application for a credit card.
17		c. No person need reapply for a credit card solely because
18		of a change in marital status unless the change in marital
19		status has caused a deterioration in the person's financial
20		position.
21		d. A person may hold a credit card in any name permitted by
22		law that he or she regularly uses and is generally known by, so
23		long as no fraud is intended thereby.

HB4049 Engrossed - 1993 - LRB099 03667 KTG 23678 b
1		(Source: P.A. 81-1216.)
2		Section 1030. The Motor Fuel Sales Act is amended by
3		changing Section 2 as follows:
4		(815 ILCS 365/2) (from Ch. 121 1/2, par. 1502)
5		Sec. 2. Assistance at stations with self-service and
6		full-service islands.
7		(a) Any attendant on duty at a gasoline station or service
8		station offering to the public retail sales of motor fuel at
9		both self-service and full-service islands shall, upon
10		request, dispense motor fuel for the driver of a car which is
11		parked at a self-service island and displays: (1) registration
12		plates issued to a person with a physical disability physically
13		disabled person pursuant to Section 3-616 of the Illinois
14		Vehicle Code; (2) registration plates issued to a veteran with
15		a disability disabled veteran pursuant to Section 3-609 or
16		3-609.01 of such Code; or (3) a special decal or device issued
17		pursuant to Section 11-1301.2 of such Code; and shall only
18		charge such driver prices as offered to the general public for
19		motor fuel dispensed at the self-service island. However, such
20		attendant shall not be required to perform other services which
21		are offered at the full-service island.
22		(b) Gasoline stations and service stations in this State
23		are subject to the federal Americans with Disabilities Act and
24		must:

HB4049 Engrossed - 1994 - LRB099 03667 KTG 23678 b
1		(1) provide refueling assistance upon the request of an
2		individual with a disability (A gasoline station or service
3		station is not required to provide such service at any time
4		that it is operating on a remote control basis with a
5		single employee on duty at the motor fuel site, but is
6		encouraged to do so, if feasible.);
7		(2) by January 1, 2014, provide and display at least
8		one ADA compliant motor fuel dispenser with a direct
9		telephone number to the station that allows an a disabled
10		operator of a motor vehicle who has a disability to request
11		refueling assistance, with the telephone number posted in
12		close proximity to the International Symbol of
13		Accessibility required by the federal Americans with
14		Disabilities Act, however, if the station does not have at
15		least one ADA compliant motor fuel dispenser, the station
16		must display on at least one motor fuel dispenser a direct
17		telephone number to the station that allows an a disabled
18		operator of a motor vehicle who has a disability to request
19		refueling assistance; and
20		(3) provide the refueling assistance without any
21		charge beyond the self-serve price.
22		(c) The signage required under paragraph (2) of subsection
23		(b) shall be designated by the station owner and shall be
24		posted in a prominently visible place. The sign shall be
25		clearly visible to customers.
26		(d) The Secretary of State shall provide to persons with

HB4049 Engrossed - 1995 - LRB099 03667 KTG 23678 b
1		disabilities information regarding the availability of
2		refueling assistance under this Section by the following
3		methods:
4		(1) by posting information about that availability on
5		the Secretary of State's Internet website, along with a
6		link to the Department of Human Services website; and
7		(2) by publishing a brochure containing information
8		about that availability, which shall be made available at
9		all Secretary of State offices throughout the State.
10		(e) The Department of Human Services shall post on its
11		Internet website information regarding the availability of
12		refueling assistance for persons with disabilities and the
13		addresses and telephone numbers of all gasoline and service
14		stations in Illinois.
15		(f) A person commits a Class C misdemeanor if he or she
16		telephones a gasoline station or service station to request
17		refueling assistance and he or she:
18		(1) is not actually physically present at the gasoline
19		or service station; or
20		(2) is physically present at the gasoline or service
21		station but does not actually require refueling
22		assistance.
23		(g) The Department of Transportation shall work in
24		cooperation with appropriate representatives of gasoline and
25		service station trade associations and the petroleum industry
26		to increase the signage at gasoline and service stations on

HB4049 Engrossed - 1996 - LRB099 03667 KTG 23678 b
1		interstate highways in this State with regard to the
2		availability of refueling assistance for persons with
3		disabilities.
4		(h) If an owner of a gas station or service station is
5		found by the Illinois Department of Agriculture, Bureau of
6		Weights and Measures, to be in violation of this Act, the owner
7		shall pay an administrative fine of $250. Any moneys collected
8		by the Department shall be deposited into the Motor Fuel and
9		Petroleum Standards Fund. The Department of Agriculture shall
10		have the same authority and powers as provided for in the Motor
11		Fuel and Petroleum Standards Act in enforcing this Act.
12		(Source: P.A. 97-1152, eff. 6-1-13.)
13		Section 1035. The Consumer Fraud and Deceptive Business
14		Practices Act is amended by changing Sections 2FF and 2MM as
15		follows:
16		(815 ILCS 505/2FF)
17		Sec. 2FF. Electric service fraud; elderly persons or
18		persons with disabilities disabled persons; additional
19		penalties. With respect to the advertising, sale, provider
20		selection, billings, or collections relating to the provision
21		of electric service, where the consumer is an elderly person or
22		person with a disability disabled person, a civil penalty of
23		$50,000 may be imposed for each violation. For purposes of this
24		Section:

HB4049 Engrossed - 1997 - LRB099 03667 KTG 23678 b
1		(1) "Elderly person" means a person 60 years of age or
2		older.
3		(2) "Person with a disability Disabled person" means a
4		person who suffers from a permanent physical or mental
5		impairment resulting from disease, injury, functional disorder
6		or congenital condition.
7		(3) "Electric service" shall have the meaning given that
8		term in Section 6.5 of the Attorney General Act.
9		(Source: P.A. 90-561, eff. 12-16-97.)
10		(815 ILCS 505/2MM)
11		Sec. 2MM. Verification of accuracy of consumer reporting
12		information used to extend consumers credit and security freeze
13		on credit reports.
14		(a) A credit card issuer who mails an offer or solicitation
15		to apply for a credit card and who receives a completed
16		application in response to the offer or solicitation which
17		lists an address that is not substantially the same as the
18		address on the offer or solicitation may not issue a credit
19		card based on that application until reasonable steps have been
20		taken to verify the applicant's change of address.
21		(b) Any person who uses a consumer credit report in
22		connection with the approval of credit based on the application
23		for an extension of credit, and who has received notification
24		of a police report filed with a consumer reporting agency that
25		the applicant has been a victim of financial identity theft, as

HB4049 Engrossed - 1998 - LRB099 03667 KTG 23678 b
1		defined in Section 16-30 or 16G-15 of the Criminal Code of 1961
2		or the Criminal Code of 2012, may not lend money or extend
3		credit without taking reasonable steps to verify the consumer's
4		identity and confirm that the application for an extension of
5		credit is not the result of financial identity theft.
6		(c) A consumer may request that a security freeze be placed
7		on his or her credit report by sending a request in writing by
8		certified mail to a consumer reporting agency at an address
9		designated by the consumer reporting agency to receive such
10		requests.
11		The following persons may request that a security freeze be
12		placed on the credit report of a person with a disability
13		disabled person:
14		(1) a guardian of the person with a disability disabled
15		person that is the subject of the request, appointed under
16		Article XIa of the Probate Act of 1975; and
17		(2) an agent of the person with a disability disabled
18		person that is the subject of the request, under a written
19		durable power of attorney that complies with the Illinois
20		Power of Attorney Act.
21		The following persons may request that a security freeze
22		be placed on the credit report of a minor:
23		(1) a guardian of the minor that is the subject of the
24		request, appointed under Article XI of the Probate Act of
25		1975;
26		(2) a parent of the minor that is the subject of the

HB4049 Engrossed - 1999 - LRB099 03667 KTG 23678 b
1		request; and
2		(3) a guardian appointed under the Juvenile Court Act
3		of 1987 for a minor under the age of 18 who is the subject
4		of the request or, with a court order authorizing the
5		guardian consent power, for a youth who is the subject of
6		the request who has attained the age of 18, but who is
7		under the age of 21.
8		This subsection (c) does not prevent a consumer reporting
9		agency from advising a third party that a security freeze is in
10		effect with respect to the consumer's credit report.
11		(d) A consumer reporting agency shall place a security
12		freeze on a consumer's credit report no later than 5 business
13		days after receiving a written request from the consumer:
14		(1) a written request described in subsection (c);
15		(2) proper identification; and
16		(3) payment of a fee, if applicable.
17		(e) Upon placing the security freeze on the consumer's
18		credit report, the consumer reporting agency shall send to the
19		consumer within 10 business days a written confirmation of the
20		placement of the security freeze and a unique personal
21		identification number or password or similar device, other than
22		the consumer's Social Security number, to be used by the
23		consumer when providing authorization for the release of his or
24		her credit report for a specific party or period of time.
25		(f) If the consumer wishes to allow his or her credit
26		report to be accessed for a specific party or period of time

HB4049 Engrossed - 2000 - LRB099 03667 KTG 23678 b
1		while a freeze is in place, he or she shall contact the
2		consumer reporting agency using a point of contact designated
3		by the consumer reporting agency, request that the freeze be
4		temporarily lifted, and provide the following:
5		(1) Proper identification;
6		(2) The unique personal identification number or
7		password or similar device provided by the consumer
8		reporting agency;
9		(3) The proper information regarding the third party or
10		time period for which the report shall be available to
11		users of the credit report; and
12		(4) A fee, if applicable.
13		A security freeze for a minor may not be temporarily
14		lifted. This Section does not require a consumer reporting
15		agency to provide to a minor or a parent or guardian of a minor
16		on behalf of the minor a unique personal identification number,
17		password, or similar device provided by the consumer reporting
18		agency for the minor, or parent or guardian of the minor, to
19		use to authorize the consumer reporting agency to release
20		information from a minor.
21		(g) A consumer reporting agency shall develop a contact
22		method to receive and process a request from a consumer to
23		temporarily lift a freeze on a credit report pursuant to
24		subsection (f) in an expedited manner.
25		A contact method under this subsection shall include: (i) a
26		postal address; and (ii) an electronic contact method chosen by

HB4049 Engrossed - 2001 - LRB099 03667 KTG 23678 b
1		the consumer reporting agency, which may include the use of
2		telephone, fax, Internet, or other electronic means.
3		(h) A consumer reporting agency that receives a request
4		from a consumer to temporarily lift a freeze on a credit report
5		pursuant to subsection (f), shall comply with the request no
6		later than 3 business days after receiving the request.
7		(i) A consumer reporting agency shall remove or temporarily
8		lift a freeze placed on a consumer's credit report only in the
9		following cases:
10		(1) upon consumer request, pursuant to subsection (f)
11		or subsection (l) of this Section; or
12		(2) if the consumer's credit report was frozen due to a
13		material misrepresentation of fact by the consumer.
14		If a consumer reporting agency intends to remove a freeze
15		upon a consumer's credit report pursuant to this subsection,
16		the consumer reporting agency shall notify the consumer in
17		writing prior to removing the freeze on the consumer's credit
18		report.
19		(j) If a third party requests access to a credit report on
20		which a security freeze is in effect, and this request is in
21		connection with an application for credit or any other use, and
22		the consumer does not allow his or her credit report to be
23		accessed for that specific party or period of time, the third
24		party may treat the application as incomplete.
25		(k) If a consumer requests a security freeze, the credit
26		reporting agency shall disclose to the consumer the process of

HB4049 Engrossed - 2002 - LRB099 03667 KTG 23678 b
1		placing and temporarily lifting a security freeze, and the
2		process for allowing access to information from the consumer's
3		credit report for a specific party or period of time while the
4		freeze is in place.
5		(l) A security freeze shall remain in place until the
6		consumer or person authorized under subsection (c) to act on
7		behalf of the minor or person with a disability disabled person
8		that is the subject of the security freeze requests, using a
9		point of contact designated by the consumer reporting agency,
10		that the security freeze be removed. A credit reporting agency
11		shall remove a security freeze within 3 business days of
12		receiving a request for removal from the consumer, who
13		provides:
14		(1) Proper identification;
15		(2) The unique personal identification number or
16		password or similar device provided by the consumer
17		reporting agency; and
18		(3) A fee, if applicable.
19		(m) A consumer reporting agency shall require proper
20		identification of the person making a request to place or
21		remove a security freeze and may require proper identification
22		and proper authority from the person making the request to
23		place or remove a freeze on behalf of the person with a
24		disability disabled person or minor.
25		(n) The provisions of subsections (c) through (m) of this
26		Section do not apply to the use of a consumer credit report by

HB4049 Engrossed - 2003 - LRB099 03667 KTG 23678 b
1		any of the following:
2		(1) A person or entity, or a subsidiary, affiliate, or
3		agent of that person or entity, or an assignee of a
4		financial obligation owing by the consumer to that person
5		or entity, or a prospective assignee of a financial
6		obligation owing by the consumer to that person or entity
7		in conjunction with the proposed purchase of the financial
8		obligation, with which the consumer has or had prior to
9		assignment an account or contract, including a demand
10		deposit account, or to whom the consumer issued a
11		negotiable instrument, for the purposes of reviewing the
12		account or collecting the financial obligation owing for
13		the account, contract, or negotiable instrument. For
14		purposes of this subsection, "reviewing the account"
15		includes activities related to account maintenance,
16		monitoring, credit line increases, and account upgrades
17		and enhancements.
18		(2) A subsidiary, affiliate, agent, assignee, or
19		prospective assignee of a person to whom access has been
20		granted under subsection (f) of this Section for purposes
21		of facilitating the extension of credit or other
22		permissible use.
23		(3) Any state or local agency, law enforcement agency,
24		trial court, or private collection agency acting pursuant
25		to a court order, warrant, or subpoena.
26		(4) A child support agency acting pursuant to Title

HB4049 Engrossed - 2004 - LRB099 03667 KTG 23678 b
1		IV-D of the Social Security Act.
2		(5) The State or its agents or assigns acting to
3		investigate fraud.
4		(6) The Department of Revenue or its agents or assigns
5		acting to investigate or collect delinquent taxes or unpaid
6		court orders or to fulfill any of its other statutory
7		responsibilities.
8		(7) The use of credit information for the purposes of
9		prescreening as provided for by the federal Fair Credit
10		Reporting Act.
11		(8) Any person or entity administering a credit file
12		monitoring subscription or similar service to which the
13		consumer has subscribed.
14		(9) Any person or entity for the purpose of providing a
15		consumer with a copy of his or her credit report or score
16		upon the consumer's request.
17		(10) Any person using the information in connection
18		with the underwriting of insurance.
19		(n-5) This Section does not prevent a consumer reporting
20		agency from charging a fee of no more than $10 to a consumer
21		for each freeze, removal, or temporary lift of the freeze,
22		regarding access to a consumer credit report, except that a
23		consumer reporting agency may not charge a fee to (i) a
24		consumer 65 years of age or over for placement and removal of a
25		freeze, or (ii) a victim of identity theft who has submitted to
26		the consumer reporting agency a valid copy of a police report,

HB4049 Engrossed - 2005 - LRB099 03667 KTG 23678 b
1		investigative report, or complaint that the consumer has filed
2		with a law enforcement agency about unlawful use of his or her
3		personal information by another person.
4		(o) If a security freeze is in place, a consumer reporting
5		agency shall not change any of the following official
6		information in a credit report without sending a written
7		confirmation of the change to the consumer within 30 days of
8		the change being posted to the consumer's file: (i) name, (ii)
9		date of birth, (iii) Social Security number, and (iv) address.
10		Written confirmation is not required for technical
11		modifications of a consumer's official information, including
12		name and street abbreviations, complete spellings, or
13		transposition of numbers or letters. In the case of an address
14		change, the written confirmation shall be sent to both the new
15		address and to the former address.
16		(p) The following entities are not required to place a
17		security freeze in a consumer report, however, pursuant to
18		paragraph (3) of this subsection, a consumer reporting agency
19		acting as a reseller shall honor any security freeze placed on
20		a consumer credit report by another consumer reporting agency:
21		(1) A check services or fraud prevention services
22		company, which issues reports on incidents of fraud or
23		authorizations for the purpose of approving or processing
24		negotiable instruments, electronic funds transfers, or
25		similar methods of payment.
26		(2) A deposit account information service company,

HB4049 Engrossed - 2006 - LRB099 03667 KTG 23678 b
1		which issues reports regarding account closures due to
2		fraud, substantial overdrafts, ATM abuse, or similar
3		negative information regarding a consumer to inquiring
4		banks or other financial institutions for use only in
5		reviewing a consumer request for a deposit account at the
6		inquiring bank or financial institution.
7		(3) A consumer reporting agency that:
8		(A) acts only to resell credit information by
9		assembling and merging information contained in a
10		database of one or more consumer reporting agencies;
11		and
12		(B) does not maintain a permanent database of
13		credit information from which new credit reports are
14		produced.
15		(q) For purposes of this Section:
16		"Credit report" has the same meaning as "consumer report",
17		as ascribed to it in 15 U.S.C. Sec. 1681a(d).
18		"Consumer reporting agency" has the meaning ascribed to it
19		in 15 U.S.C. Sec. 1681a(f).
20		"Security freeze" means a notice placed in a consumer's
21		credit report, at the request of the consumer and subject to
22		certain exceptions, that prohibits the consumer reporting
23		agency from releasing the consumer's credit report or score
24		relating to an extension of credit, without the express
25		authorization of the consumer.
26		"Extension of credit" does not include an increase in an

HB4049 Engrossed - 2007 - LRB099 03667 KTG 23678 b
1		existing open-end credit plan, as defined in Regulation Z of
2		the Federal Reserve System (12 C.F.R. 226.2), or any change to
3		or review of an existing credit account.
4		"Proper authority" means documentation that shows that a
5		parent, guardian, or agent has authority to act on behalf of a
6		minor or person with a disability disabled person. "Proper
7		authority" includes (1) an order issued by a court of law that
8		shows that a guardian has authority to act on behalf of a minor
9		or person with a disability disabled person, (2) a written,
10		notarized statement signed by a parent that expressly describes
11		the authority of the parent to act on behalf of the minor, or
12		(3) a durable power of attorney that complies with the Illinois
13		Power of Attorney Act.
14		"Proper identification" means information generally deemed
15		sufficient to identify a person. Only if the consumer is unable
16		to reasonably identify himself or herself with the information
17		described above, may a consumer reporting agency require
18		additional information concerning the consumer's employment
19		and personal or family history in order to verify his or her
20		identity.
21		(r) Any person who violates this Section commits an
22		unlawful practice within the meaning of this Act.
23		(Source: P.A. 97-597, eff. 1-1-12; 97-1150, eff. 1-25-13;
24		98-486, eff. 1-1-14; 98-756, eff. 7-16-14.)
25		Section 1040. The Home Repair Fraud Act is amended by

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1		changing Section 5 as follows:
2		(815 ILCS 515/5) (from Ch. 121 1/2, par. 1605)
3		Sec. 5. Aggravated Home Repair Fraud. A person commits the
4		offense of aggravated home repair fraud when he commits home
5		repair fraud:
6		(i) against an elderly person or a person with a
7		disability as defined in Section 17-56 of the Criminal Code
8		of 2012; or
9		(ii) in connection with a home repair project intended
10		to assist a person with a disability disabled person.
11		(a) Aggravated violation of paragraphs (1) or (2) of
12		subsection (a) of Section 3 of this Act shall be a Class 2
13		felony when the amount of the contract or agreement is more
14		than $500, a Class 3 felony when the amount of the contract or
15		agreement is $500 or less, and a Class 2 felony for a second or
16		subsequent offense when the amount of the contract or agreement
17		is $500 or less. If 2 or more contracts or agreements for home
18		repair exceed an aggregate amount of $500 or more and such
19		contracts or agreements are entered into with the same victim
20		by one or more of the defendants as part of or in furtherance
21		of a common fraudulent scheme, design or intention, the
22		violation shall be a Class 2 felony.
23		(b) Aggravated violation of paragraph (3) of subsection (a)
24		of Section 3 of this Act shall be a Class 2 felony when the
25		amount of the contract or agreement is more than $5,000 and a

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1		Class 3 felony when the amount of the contract or agreement is
2		$5,000 or less.
3		(c) Aggravated violation of paragraph (4) of subsection (a)
4		of Section 3 of this Act shall be a Class 3 felony when the
5		amount of the contract or agreement is more than $500, a Class
6		4 felony when the amount of the contract or agreement is $500
7		or less and a Class 3 felony for a second or subsequent offense
8		when the amount of the contract or agreement is $500 or less.
9		(d) Aggravated violation of paragraphs (1) or (2) of
10		subsection (b) of Section 3 of this Act shall be a Class 3
11		felony.
12		(e) If a person commits aggravated home repair fraud, then
13		any State or local license or permit held by that person that
14		relates to the business of home repair may be appropriately
15		suspended or revoked by the issuing authority, commensurate
16		with the severity of the offense.
17		(f) A defense to aggravated home repair fraud does not
18		exist merely because the accused reasonably believed the victim
19		to be a person less than 60 years of age.
20		(Source: P.A. 96-1026, eff. 7-12-10; 96-1551, eff. 7-1-11;
21		97-1150, eff. 1-25-13.)
22		Section 1045. The Motor Vehicle Franchise Act is amended by
23		changing Section 4 as follows:
24		(815 ILCS 710/4) (from Ch. 121 1/2, par. 754)

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1		Sec. 4. Unfair competition and practices.
2		(a) The unfair methods of competition and unfair and
3		deceptive acts or practices listed in this Section are hereby
4		declared to be unlawful. In construing the provisions of this
5		Section, the courts may be guided by the interpretations of the
6		Federal Trade Commission Act (15 U.S.C. 45 et seq.), as from
7		time to time amended.
8		(b) It shall be deemed a violation for any manufacturer,
9		factory branch, factory representative, distributor or
10		wholesaler, distributor branch, distributor representative or
11		motor vehicle dealer to engage in any action with respect to a
12		franchise which is arbitrary, in bad faith or unconscionable
13		and which causes damage to any of the parties or to the public.
14		(c) It shall be deemed a violation for a manufacturer, a
15		distributor, a wholesaler, a distributor branch or division, a
16		factory branch or division, or a wholesale branch or division,
17		or officer, agent or other representative thereof, to coerce,
18		or attempt to coerce, any motor vehicle dealer:
19		(1) to accept, buy or order any motor vehicle or
20		vehicles, appliances, equipment, parts or accessories
21		therefor, or any other commodity or commodities or service
22		or services which such motor vehicle dealer has not
23		voluntarily ordered or requested except items required by
24		applicable local, state or federal law; or to require a
25		motor vehicle dealer to accept, buy, order or purchase such
26		items in order to obtain any motor vehicle or vehicles or

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1		any other commodity or commodities which have been ordered
2		or requested by such motor vehicle dealer;
3		(2) to order or accept delivery of any motor vehicle
4		with special features, appliances, accessories or
5		equipment not included in the list price of the motor
6		vehicles as publicly advertised by the manufacturer
7		thereof, except items required by applicable law; or
8		(3) to order for anyone any parts, accessories,
9		equipment, machinery, tools, appliances or any commodity
10		whatsoever, except items required by applicable law.
11		(d) It shall be deemed a violation for a manufacturer, a
12		distributor, a wholesaler, a distributor branch or division, or
13		officer, agent or other representative thereof:
14		(1) to adopt, change, establish or implement a plan or
15		system for the allocation and distribution of new motor
16		vehicles to motor vehicle dealers which is arbitrary or
17		capricious or to modify an existing plan so as to cause the
18		same to be arbitrary or capricious;
19		(2) to fail or refuse to advise or disclose to any
20		motor vehicle dealer having a franchise or selling
21		agreement, upon written request therefor, the basis upon
22		which new motor vehicles of the same line make are
23		allocated or distributed to motor vehicle dealers in the
24		State and the basis upon which the current allocation or
25		distribution is being made or will be made to such motor
26		vehicle dealer;

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1		(3) to refuse to deliver in reasonable quantities and
2		within a reasonable time after receipt of dealer's order,
3		to any motor vehicle dealer having a franchise or selling
4		agreement for the retail sale of new motor vehicles sold or
5		distributed by such manufacturer, distributor, wholesaler,
6		distributor branch or division, factory branch or division
7		or wholesale branch or division, any such motor vehicles as
8		are covered by such franchise or selling agreement
9		specifically publicly advertised in the State by such
10		manufacturer, distributor, wholesaler, distributor branch
11		or division, factory branch or division, or wholesale
12		branch or division to be available for immediate delivery.
13		However, the failure to deliver any motor vehicle shall not
14		be considered a violation of this Act if such failure is
15		due to an act of God, a work stoppage or delay due to a
16		strike or labor difficulty, a shortage of materials, a lack
17		of manufacturing capacity, a freight embargo or other cause
18		over which the manufacturer, distributor, or wholesaler,
19		or any agent thereof has no control;
20		(4) to coerce, or attempt to coerce, any motor vehicle
21		dealer to enter into any agreement with such manufacturer,
22		distributor, wholesaler, distributor branch or division,
23		factory branch or division, or wholesale branch or
24		division, or officer, agent or other representative
25		thereof, or to do any other act prejudicial to the dealer
26		by threatening to reduce his allocation of motor vehicles

HB4049 Engrossed - 2013 - LRB099 03667 KTG 23678 b
1		or cancel any franchise or any selling agreement existing
2		between such manufacturer, distributor, wholesaler,
3		distributor branch or division, or factory branch or
4		division, or wholesale branch or division, and the dealer.
5		However, notice in good faith to any motor vehicle dealer
6		of the dealer's violation of any terms or provisions of
7		such franchise or selling agreement or of any law or
8		regulation applicable to the conduct of a motor vehicle
9		dealer shall not constitute a violation of this Act;
10		(5) to require a franchisee to participate in an
11		advertising campaign or contest or any promotional
12		campaign, or to purchase or lease any promotional
13		materials, training materials, show room or other display
14		decorations or materials at the expense of the franchisee;
15		(6) to cancel or terminate the franchise or selling
16		agreement of a motor vehicle dealer without good cause and
17		without giving notice as hereinafter provided; to fail or
18		refuse to extend the franchise or selling agreement of a
19		motor vehicle dealer upon its expiration without good cause
20		and without giving notice as hereinafter provided; or, to
21		offer a renewal, replacement or succeeding franchise or
22		selling agreement containing terms and provisions the
23		effect of which is to substantially change or modify the
24		sales and service obligations or capital requirements of
25		the motor vehicle dealer arbitrarily and without good cause
26		and without giving notice as hereinafter provided

HB4049 Engrossed - 2014 - LRB099 03667 KTG 23678 b
1		notwithstanding any term or provision of a franchise or
2		selling agreement.
3		(A) If a manufacturer, distributor, wholesaler,
4		distributor branch or division, factory branch or
5		division or wholesale branch or division intends to
6		cancel or terminate a franchise or selling agreement or
7		intends not to extend or renew a franchise or selling
8		agreement on its expiration, it shall send a letter by
9		certified mail, return receipt requested, to the
10		affected franchisee at least 60 days before the
11		effective date of the proposed action, or not later
12		than 10 days before the proposed action when the reason
13		for the action is based upon either of the following:
14		(i) the business operations of the franchisee
15		have been abandoned or the franchisee has failed to
16		conduct customary sales and service operations
17		during customary business hours for at least 7
18		consecutive business days unless such closing is
19		due to an act of God, strike or labor difficulty or
20		other cause over which the franchisee has no
21		control; or
22		(ii) the conviction of or plea of nolo
23		contendere by the motor vehicle dealer or any
24		operator thereof in a court of competent
25		jurisdiction to an offense punishable by
26		imprisonment for more than two years.

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1		Each notice of proposed action shall include a
2		detailed statement setting forth the specific grounds
3		for the proposed cancellation, termination, or refusal
4		to extend or renew and shall state that the dealer has
5		only 30 days from receipt of the notice to file with
6		the Motor Vehicle Review Board a written protest
7		against the proposed action.
8		(B) If a manufacturer, distributor, wholesaler,
9		distributor branch or division, factory branch or
10		division or wholesale branch or division intends to
11		change substantially or modify the sales and service
12		obligations or capital requirements of a motor vehicle
13		dealer as a condition to extending or renewing the
14		existing franchise or selling agreement of such motor
15		vehicle dealer, it shall send a letter by certified
16		mail, return receipt requested, to the affected
17		franchisee at least 60 days before the date of
18		expiration of the franchise or selling agreement. Each
19		notice of proposed action shall include a detailed
20		statement setting forth the specific grounds for the
21		proposed action and shall state that the dealer has
22		only 30 days from receipt of the notice to file with
23		the Motor Vehicle Review Board a written protest
24		against the proposed action.
25		(C) Within 30 days from receipt of the notice under
26		subparagraphs (A) and (B), the franchisee may file with

HB4049 Engrossed - 2016 - LRB099 03667 KTG 23678 b
1		the Board a written protest against the proposed
2		action.
3		When the protest has been timely filed, the Board
4		shall enter an order, fixing a date (within 60 days of
5		the date of the order), time, and place of a hearing on
6		the protest required under Sections 12 and 29 of this
7		Act, and send by certified mail, return receipt
8		requested, a copy of the order to the manufacturer that
9		filed the notice of intention of the proposed action
10		and to the protesting dealer or franchisee.
11		The manufacturer shall have the burden of proof to
12		establish that good cause exists to cancel or
13		terminate, or fail to extend or renew the franchise or
14		selling agreement of a motor vehicle dealer or
15		franchisee, and to change substantially or modify the
16		sales and service obligations or capital requirements
17		of a motor vehicle dealer as a condition to extending
18		or renewing the existing franchise or selling
19		agreement. The determination whether good cause exists
20		to cancel, terminate, or refuse to renew or extend the
21		franchise or selling agreement, or to change or modify
22		the obligations of the dealer as a condition to offer
23		renewal, replacement, or succession shall be made by
24		the Board under subsection (d) of Section 12 of this
25		Act.
26		(D) Notwithstanding the terms, conditions, or

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1		provisions of a franchise or selling agreement, the
2		following shall not constitute good cause for
3		cancelling or terminating or failing to extend or renew
4		the franchise or selling agreement: (i) the change of
5		ownership or executive management of the franchisee's
6		dealership; or (ii) the fact that the franchisee or
7		owner of an interest in the franchise owns, has an
8		investment in, participates in the management of, or
9		holds a license for the sale of the same or any other
10		line make of new motor vehicles.
11		(E) The manufacturer may not cancel or terminate,
12		or fail to extend or renew a franchise or selling
13		agreement or change or modify the obligations of the
14		franchisee as a condition to offering a renewal,
15		replacement, or succeeding franchise or selling
16		agreement before the hearing process is concluded as
17		prescribed by this Act, and thereafter, if the Board
18		determines that the manufacturer has failed to meet its
19		burden of proof and that good cause does not exist to
20		allow the proposed action;
21		(7) notwithstanding the terms of any franchise
22		agreement, to fail to indemnify and hold harmless its
23		franchised dealers against any judgment or settlement for
24		damages, including, but not limited to, court costs, expert
25		witness fees, reasonable attorneys' fees of the new motor
26		vehicle dealer, and other expenses incurred in the

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1		litigation, so long as such fees and costs are reasonable,
2		arising out of complaints, claims or lawsuits including,
3		but not limited to, strict liability, negligence,
4		misrepresentation, warranty (express or implied), or
5		recision of the sale as defined in Section 2-608 of the
6		Uniform Commercial Code, to the extent that the judgment or
7		settlement relates to the alleged defective or negligent
8		manufacture, assembly or design of new motor vehicles,
9		parts or accessories or other functions by the
10		manufacturer, beyond the control of the dealer; provided
11		that, in order to provide an adequate defense, the
12		manufacturer receives notice of the filing of a complaint,
13		claim, or lawsuit within 60 days after the filing;
14		(8) to require or otherwise coerce a motor vehicle
15		dealer to underutilize the motor vehicle dealer's
16		facilities by requiring or otherwise coercing the motor
17		vehicle dealer to exclude or remove from the motor vehicle
18		dealer's facilities operations for selling or servicing of
19		any vehicles for which the motor vehicle dealer has a
20		franchise agreement with another manufacturer,
21		distributor, wholesaler, distribution branch or division,
22		or officer, agent, or other representative thereof;
23		provided, however, that, in light of all existing
24		circumstances, (i) the motor vehicle dealer maintains a
25		reasonable line of credit for each make or line of new
26		motor vehicle, (ii) the new motor vehicle dealer remains in

HB4049 Engrossed - 2019 - LRB099 03667 KTG 23678 b
1		compliance with any reasonable facilities requirements of
2		the manufacturer, (iii) no change is made in the principal
3		management of the new motor vehicle dealer, and (iv) the
4		addition of the make or line of new motor vehicles would be
5		reasonable. The reasonable facilities requirement set
6		forth in item (ii) of subsection (d)(8) shall not include
7		any requirement that a franchisee establish or maintain
8		exclusive facilities, personnel, or display space. Any
9		decision by a motor vehicle dealer to sell additional makes
10		or lines at the motor vehicle dealer's facility shall be
11		presumed to be reasonable, and the manufacturer shall have
12		the burden to overcome that presumption. A motor vehicle
13		dealer must provide a written notification of its intent to
14		add a make or line of new motor vehicles to the
15		manufacturer. If the manufacturer does not respond to the
16		motor vehicle dealer, in writing, objecting to the addition
17		of the make or line within 60 days after the date that the
18		motor vehicle dealer sends the written notification, then
19		the manufacturer shall be deemed to have approved the
20		addition of the make or line; or
21		(9) to use or consider the performance of a motor
22		vehicle dealer relating to the sale of the manufacturer's,
23		distributor's, or wholesaler's vehicles or the motor
24		vehicle dealer's ability to satisfy any minimum sales or
25		market share quota or responsibility relating to the sale
26		of the manufacturer's, distributor's, or wholesaler's new

HB4049 Engrossed - 2020 - LRB099 03667 KTG 23678 b
1		vehicles in determining:
2		(A) the motor vehicle dealer's eligibility to
3		purchase program, certified, or other used motor
4		vehicles from the manufacturer, distributor, or
5		wholesaler;
6		(B) the volume, type, or model of program,
7		certified, or other used motor vehicles that a motor
8		vehicle dealer is eligible to purchase from the
9		manufacturer, distributor, or wholesaler;
10		(C) the price of any program, certified, or other
11		used motor vehicle that the dealer is eligible to
12		purchase from the manufacturer, distributor, or
13		wholesaler; or
14		(D) the availability or amount of any discount,
15		credit, rebate, or sales incentive that the dealer is
16		eligible to receive from the manufacturer,
17		distributor, or wholesaler for the purchase of any
18		program, certified, or other used motor vehicle
19		offered for sale by the manufacturer, distributor, or
20		wholesaler.
21		(e) It shall be deemed a violation for a manufacturer, a
22		distributor, a wholesaler, a distributor branch or division or
23		officer, agent or other representative thereof:
24		(1) to resort to or use any false or misleading
25		advertisement in connection with his business as such
26		manufacturer, distributor, wholesaler, distributor branch

HB4049 Engrossed - 2021 - LRB099 03667 KTG 23678 b
1		or division or officer, agent or other representative
2		thereof;
3		(2) to offer to sell or lease, or to sell or lease, any
4		new motor vehicle to any motor vehicle dealer at a lower
5		actual price therefor than the actual price offered to any
6		other motor vehicle dealer for the same model vehicle
7		similarly equipped or to utilize any device including, but
8		not limited to, sales promotion plans or programs which
9		result in such lesser actual price or fail to make
10		available to any motor vehicle dealer any preferential
11		pricing, incentive, rebate, finance rate, or low interest
12		loan program offered to competing motor vehicle dealers in
13		other contiguous states. However, the provisions of this
14		paragraph shall not apply to sales to a motor vehicle
15		dealer for resale to any unit of the United States
16		Government, the State or any of its political subdivisions;
17		(3) to offer to sell or lease, or to sell or lease, any
18		new motor vehicle to any person, except a wholesaler,
19		distributor or manufacturer's employees at a lower actual
20		price therefor than the actual price offered and charged to
21		a motor vehicle dealer for the same model vehicle similarly
22		equipped or to utilize any device which results in such
23		lesser actual price. However, the provisions of this
24		paragraph shall not apply to sales to a motor vehicle
25		dealer for resale to any unit of the United States
26		Government, the State or any of its political subdivisions;

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1		(4) to prevent or attempt to prevent by contract or
2		otherwise any motor vehicle dealer or franchisee from
3		changing the executive management control of the motor
4		vehicle dealer or franchisee unless the franchiser, having
5		the burden of proof, proves that such change of executive
6		management will result in executive management control by a
7		person or persons who are not of good moral character or
8		who do not meet the franchiser's existing and, with
9		consideration given to the volume of sales and service of
10		the dealership, uniformly applied minimum business
11		experience standards in the market area. However where the
12		manufacturer rejects a proposed change in executive
13		management control, the manufacturer shall give written
14		notice of his reasons to the dealer within 60 days of
15		notice to the manufacturer by the dealer of the proposed
16		change. If the manufacturer does not send a letter to the
17		franchisee by certified mail, return receipt requested,
18		within 60 days from receipt by the manufacturer of the
19		proposed change, then the change of the executive
20		management control of the franchisee shall be deemed
21		accepted as proposed by the franchisee, and the
22		manufacturer shall give immediate effect to such change;
23		(5) to prevent or attempt to prevent by contract or
24		otherwise any motor vehicle dealer from establishing or
25		changing the capital structure of his dealership or the
26		means by or through which he finances the operation

HB4049 Engrossed - 2023 - LRB099 03667 KTG 23678 b
1		thereof; provided the dealer meets any reasonable capital
2		standards agreed to between the dealer and the
3		manufacturer, distributor or wholesaler, who may require
4		that the sources, method and manner by which the dealer
5		finances or intends to finance its operation, equipment or
6		facilities be fully disclosed;
7		(6) to refuse to give effect to or prevent or attempt
8		to prevent by contract or otherwise any motor vehicle
9		dealer or any officer, partner or stockholder of any motor
10		vehicle dealer from selling or transferring any part of the
11		interest of any of them to any other person or persons or
12		party or parties unless such sale or transfer is to a
13		transferee who would not otherwise qualify for a new motor
14		vehicle dealers license under "The Illinois Vehicle Code"
15		or unless the franchiser, having the burden of proof,
16		proves that such sale or transfer is to a person or party
17		who is not of good moral character or does not meet the
18		franchiser's existing and reasonable capital standards
19		and, with consideration given to the volume of sales and
20		service of the dealership, uniformly applied minimum
21		business experience standards in the market area. However,
22		nothing herein shall be construed to prevent a franchiser
23		from implementing affirmative action programs providing
24		business opportunities for minorities or from complying
25		with applicable federal, State or local law:
26		(A) If the manufacturer intends to refuse to

HB4049 Engrossed - 2024 - LRB099 03667 KTG 23678 b
1		approve the sale or transfer of all or a part of the
2		interest, then it shall, within 60 days from receipt of
3		the completed application forms generally utilized by
4		a manufacturer to conduct its review and a copy of all
5		agreements regarding the proposed transfer, send a
6		letter by certified mail, return receipt requested,
7		advising the franchisee of any refusal to approve the
8		sale or transfer of all or part of the interest and
9		shall state that the dealer only has 30 days from the
10		receipt of the notice to file with the Motor Vehicle
11		Review Board a written protest against the proposed
12		action. The notice shall set forth specific criteria
13		used to evaluate the prospective transferee and the
14		grounds for refusing to approve the sale or transfer to
15		that transferee. Within 30 days from the franchisee's
16		receipt of the manufacturer's notice, the franchisee
17		may file with the Board a written protest against the
18		proposed action.
19		When a protest has been timely filed, the Board
20		shall enter an order, fixing the date (within 60 days
21		of the date of such order), time, and place of a
22		hearing on the protest, required under Sections 12 and
23		29 of this Act, and send by certified mail, return
24		receipt requested, a copy of the order to the
25		manufacturer that filed notice of intention of the
26		proposed action and to the protesting franchisee.

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1		The manufacturer shall have the burden of proof to
2		establish that good cause exists to refuse to approve
3		the sale or transfer to the transferee. The
4		determination whether good cause exists to refuse to
5		approve the sale or transfer shall be made by the Board
6		under subdivisions (6)(B). The manufacturer shall not
7		refuse to approve the sale or transfer by a dealer or
8		an officer, partner, or stockholder of a franchise or
9		any part of the interest to any person or persons
10		before the hearing process is concluded as prescribed
11		by this Act, and thereafter if the Board determines
12		that the manufacturer has failed to meet its burden of
13		proof and that good cause does not exist to refuse to
14		approve the sale or transfer to the transferee.
15		(B) Good cause to refuse to approve such sale or
16		transfer under this Section is established when such
17		sale or transfer is to a transferee who would not
18		otherwise qualify for a new motor vehicle dealers
19		license under "The Illinois Vehicle Code" or such sale
20		or transfer is to a person or party who is not of good
21		moral character or does not meet the franchiser's
22		existing and reasonable capital standards and, with
23		consideration given to the volume of sales and service
24		of the dealership, uniformly applied minimum business
25		experience standards in the market area.
26		(7) to obtain money, goods, services, anything of

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1		value, or any other benefit from any other person with whom
2		the motor vehicle dealer does business, on account of or in
3		relation to the transactions between the dealer and the
4		other person as compensation, except for services actually
5		rendered, unless such benefit is promptly accounted for and
6		transmitted to the motor vehicle dealer;
7		(8) to grant an additional franchise in the relevant
8		market area of an existing franchise of the same line make
9		or to relocate an existing motor vehicle dealership within
10		or into a relevant market area of an existing franchise of
11		the same line make. However, if the manufacturer wishes to
12		grant such an additional franchise to an independent person
13		in a bona fide relationship in which such person is
14		prepared to make a significant investment subject to loss
15		in such a dealership, or if the manufacturer wishes to
16		relocate an existing motor vehicle dealership, then the
17		manufacturer shall send a letter by certified mail, return
18		receipt requested, to each existing dealer or dealers of
19		the same line make whose relevant market area includes the
20		proposed location of the additional or relocated franchise
21		at least 60 days before the manufacturer grants an
22		additional franchise or relocates an existing franchise of
23		the same line make within or into the relevant market area
24		of an existing franchisee of the same line make. Each
25		notice shall set forth the specific grounds for the
26		proposed grant of an additional or relocation of an

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1		existing franchise and shall state that the dealer has only
2		30 days from the date of receipt of the notice to file with
3		the Motor Vehicle Review Board a written protest against
4		the proposed action. Unless the parties agree upon the
5		grant or establishment of the additional or relocated
6		franchise within 30 days from the date the notice was
7		received by the existing franchisee of the same line make
8		or any person entitled to receive such notice, the
9		franchisee or other person may file with the Board a
10		written protest against the grant or establishment of the
11		proposed additional or relocated franchise.
12		When a protest has been timely filed, the Board shall
13		enter an order fixing a date (within 60 days of the date of
14		the order), time, and place of a hearing on the protest,
15		required under Sections 12 and 29 of this Act, and send by
16		certified or registered mail, return receipt requested, a
17		copy of the order to the manufacturer that filed the notice
18		of intention to grant or establish the proposed additional
19		or relocated franchise and to the protesting dealer or
20		dealers of the same line make whose relevant market area
21		includes the proposed location of the additional or
22		relocated franchise.
23		When more than one protest is filed against the grant
24		or establishment of the additional or relocated franchise
25		of the same line make, the Board may consolidate the
26		hearings to expedite disposition of the matter. The

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1		manufacturer shall have the burden of proof to establish
2		that good cause exists to allow the grant or establishment
3		of the additional or relocated franchise. The manufacturer
4		may not grant or establish the additional franchise or
5		relocate the existing franchise before the hearing process
6		is concluded as prescribed by this Act, and thereafter if
7		the Board determines that the manufacturer has failed to
8		meet its burden of proof and that good cause does not exist
9		to allow the grant or establishment of the additional
10		franchise or relocation of the existing franchise.
11		The determination whether good cause exists for
12		allowing the grant or establishment of an additional
13		franchise or relocated existing franchise, shall be made by
14		the Board under subsection (c) of Section 12 of this Act.
15		If the manufacturer seeks to enter into a contract,
16		agreement or other arrangement with any person,
17		establishing any additional motor vehicle dealership or
18		other facility, limited to the sale of factory repurchase
19		vehicles or late model vehicles, then the manufacturer
20		shall follow the notice procedures set forth in this
21		Section and the determination whether good cause exists for
22		allowing the proposed agreement shall be made by the Board
23		under subsection (c) of Section 12, with the manufacturer
24		having the burden of proof.
25		A. (Blank).
26		B. For the purposes of this Section, appointment of

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1		a successor motor vehicle dealer at the same location
2		as its predecessor, or within 2 miles of such location,
3		or the relocation of an existing dealer or franchise
4		within 2 miles of the relocating dealer's or
5		franchisee's existing location, shall not be construed
6		as a grant, establishment or the entering into of an
7		additional franchise or selling agreement, or a
8		relocation of an existing franchise. The reopening of a
9		motor vehicle dealership that has not been in operation
10		for 18 months or more shall be deemed the grant of an
11		additional franchise or selling agreement.
12		C. This Section does not apply to the relocation of
13		an existing dealership or franchise in a county having
14		a population of more than 300,000 persons when the new
15		location is within the dealer's current relevant
16		market area, provided the new location is more than 7
17		miles from the nearest dealer of the same line make.
18		This Section does not apply to the relocation of an
19		existing dealership or franchise in a county having a
20		population of less than 300,000 persons when the new
21		location is within the dealer's current relevant
22		market area, provided the new location is more than 12
23		miles from the nearest dealer of the same line make. A
24		dealer that would be farther away from the new location
25		of an existing dealership or franchise of the same line
26		make after a relocation may not file a written protest

HB4049 Engrossed - 2030 - LRB099 03667 KTG 23678 b
1		against the relocation with the Motor Vehicle Review
2		Board.
3		D. Nothing in this Section shall be construed to
4		prevent a franchiser from implementing affirmative
5		action programs providing business opportunities for
6		minorities or from complying with applicable federal,
7		State or local law;
8		(9) to require a motor vehicle dealer to assent to a
9		release, assignment, novation, waiver or estoppel which
10		would relieve any person from liability imposed by this
11		Act;
12		(10) to prevent or refuse to give effect to the
13		succession to the ownership or management control of a
14		dealership by any legatee under the will of a dealer or to
15		an heir under the laws of descent and distribution of this
16		State unless the franchisee has designated a successor to
17		the ownership or management control under the succession
18		provisions of the franchise. Unless the franchiser, having
19		the burden of proof, proves that the successor is a person
20		who is not of good moral character or does not meet the
21		franchiser's existing and reasonable capital standards
22		and, with consideration given to the volume of sales and
23		service of the dealership, uniformly applied minimum
24		business experience standards in the market area, any
25		designated successor of a dealer or franchisee may succeed
26		to the ownership or management control of a dealership

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1		under the existing franchise if:
2		(i) The designated successor gives the
3		franchiser written notice by certified mail,
4		return receipt requested, of his or her intention
5		to succeed to the ownership of the dealer within 60
6		days of the dealer's death or incapacity; and
7		(ii) The designated successor agrees to be
8		bound by all the terms and conditions of the
9		existing franchise.
10		Notwithstanding the foregoing, in the event the motor
11		vehicle dealer or franchisee and manufacturer have duly
12		executed an agreement concerning succession rights prior
13		to the dealer's death or incapacitation, the agreement
14		shall be observed.
15		(A) If the franchiser intends to refuse to honor
16		the successor to the ownership of a deceased or
17		incapacitated dealer or franchisee under an existing
18		franchise agreement, the franchiser shall send a
19		letter by certified mail, return receipt requested, to
20		the designated successor within 60 days from receipt of
21		a proposal advising of its intent to refuse to honor
22		the succession and to discontinue the existing
23		franchise agreement and shall state that the
24		designated successor only has 30 days from the receipt
25		of the notice to file with the Motor Vehicle Review
26		Board a written protest against the proposed action.

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1		The notice shall set forth the specific grounds for the
2		refusal to honor the succession and discontinue the
3		existing franchise agreement.
4		If notice of refusal is not timely served upon the
5		designated successor, the franchise agreement shall
6		continue in effect subject to termination only as
7		otherwise permitted by paragraph (6) of subsection (d)
8		of Section 4 of this Act.
9		Within 30 days from the date the notice was
10		received by the designated successor or any other
11		person entitled to notice, the designee or other person
12		may file with the Board a written protest against the
13		proposed action.
14		When a protest has been timely filed, the Board
15		shall enter an order, fixing a date (within 60 days of
16		the date of the order), time, and place of a hearing on
17		the protest, required under Sections 12 and 29 of this
18		Act, and send by certified mail, return receipt
19		requested, a copy of the order to the franchiser that
20		filed the notice of intention of the proposed action
21		and to the protesting designee or such other person.
22		The manufacturer shall have the burden of proof to
23		establish that good cause exists to refuse to honor the
24		succession and discontinue the existing franchise
25		agreement. The determination whether good cause exists
26		to refuse to honor the succession shall be made by the

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1		Board under subdivision (B) of this paragraph (10). The
2		manufacturer shall not refuse to honor the succession
3		or discontinue the existing franchise agreement before
4		the hearing process is concluded as prescribed by this
5		Act, and thereafter if the Board determines that it has
6		failed to meet its burden of proof and that good cause
7		does not exist to refuse to honor the succession and
8		discontinue the existing franchise agreement.
9		(B) No manufacturer shall impose any conditions
10		upon honoring the succession and continuing the
11		existing franchise agreement with the designated
12		successor other than that the franchisee has
13		designated a successor to the ownership or management
14		control under the succession provisions of the
15		franchise, or that the designated successor is of good
16		moral character or meets the reasonable capital
17		standards and, with consideration given to the volume
18		of sales and service of the dealership, uniformly
19		applied minimum business experience standards in the
20		market area;
21		(11) to prevent or refuse to approve a proposal to
22		establish a successor franchise at a location previously
23		approved by the franchiser when submitted with the
24		voluntary termination by the existing franchisee unless
25		the successor franchisee would not otherwise qualify for a
26		new motor vehicle dealer's license under the Illinois

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1		Vehicle Code or unless the franchiser, having the burden of
2		proof, proves that such proposed successor is not of good
3		moral character or does not meet the franchiser's existing
4		and reasonable capital standards and, with consideration
5		given to the volume of sales and service of the dealership,
6		uniformly applied minimum business experience standards in
7		the market area. However, when such a rejection of a
8		proposal is made, the manufacturer shall give written
9		notice of its reasons to the franchisee within 60 days of
10		receipt by the manufacturer of the proposal. However,
11		nothing herein shall be construed to prevent a franchiser
12		from implementing affirmative action programs providing
13		business opportunities for minorities, or from complying
14		with applicable federal, State or local law;
15		(12) to prevent or refuse to grant a franchise to a
16		person because such person owns, has investment in or
17		participates in the management of or holds a franchise for
18		the sale of another make or line of motor vehicles within 7
19		miles of the proposed franchise location in a county having
20		a population of more than 300,000 persons, or within 12
21		miles of the proposed franchise location in a county having
22		a population of less than 300,000 persons; or
23		(13) to prevent or attempt to prevent any new motor
24		vehicle dealer from establishing any additional motor
25		vehicle dealership or other facility limited to the sale of
26		factory repurchase vehicles or late model vehicles or

HB4049 Engrossed - 2035 - LRB099 03667 KTG 23678 b
1		otherwise offering for sale factory repurchase vehicles of
2		the same line make at an existing franchise by failing to
3		make available any contract, agreement or other
4		arrangement which is made available or otherwise offered to
5		any person.
6		(f) It is deemed a violation for a manufacturer, a
7		distributor, a wholesale, a distributor branch or division, a
8		factory branch or division, or a wholesale branch or division,
9		or officer, agent, broker, shareholder, except a shareholder of
10		1% or less of the outstanding shares of any class of securities
11		of a manufacturer, distributor, or wholesaler which is a
12		publicly traded corporation, or other representative, directly
13		or indirectly, to own or operate a place of business as a motor
14		vehicle franchisee or motor vehicle financing affiliate,
15		except that, this subsection shall not prohibit the ownership
16		or operation of a place of business by a manufacturer,
17		distributor, or wholesaler for a period, not to exceed 18
18		months, during the transition from one motor vehicle franchisee
19		to another; or the investment in a motor vehicle franchisee by
20		a manufacturer, distributor, or wholesaler if the investment is
21		for the sole purpose of enabling a partner or shareholder in
22		that motor vehicle franchisee to acquire an interest in that
23		motor vehicle franchisee and that partner or shareholder is not
24		otherwise employed by or associated with the manufacturer,
25		distributor, or wholesaler and would not otherwise have the
26		requisite capital investment funds to invest in the motor

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1		vehicle franchisee, and has the right to purchase the entire
2		equity interest of the manufacturer, distributor, or
3		wholesaler in the motor vehicle franchisee within a reasonable
4		period of time not to exceed 5 years.
5		(g) Notwithstanding the terms, provisions, or conditions
6		of any agreement or waiver, it shall be deemed a violation for
7		a manufacturer, a distributor, a wholesaler, a distributor
8		branch or division, a factory branch or division, or a
9		wholesale branch or division, or officer, agent or other
10		representative thereof, to directly or indirectly condition
11		the awarding of a franchise to a prospective new motor vehicle
12		dealer, the addition of a line make or franchise to an existing
13		dealer, the renewal of a franchise of an existing dealer, the
14		approval of the relocation of an existing dealer's facility, or
15		the approval of the sale or transfer of the ownership of a
16		franchise on the willingness of a dealer, proposed new dealer,
17		or owner of an interest in the dealership facility to enter
18		into a site control agreement or exclusive use agreement unless
19		separate and reasonable consideration was offered and accepted
20		for that agreement.
21		For purposes of this subsection (g), the terms "site
22		control agreement" and "exclusive use agreement" include any
23		agreement that has the effect of either (i) requiring that the
24		dealer establish or maintain exclusive dealership facilities;
25		or (ii) restricting the ability of the dealer, or the ability
26		of the dealer's lessor in the event the dealership facility is

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1		being leased, to transfer, sell, lease, or change the use of
2		the dealership premises, whether by sublease, lease,
3		collateral pledge of lease, or other similar agreement. "Site
4		control agreement" and "exclusive use agreement" also include a
5		manufacturer restricting the ability of a dealer to transfer,
6		sell, or lease the dealership premises by right of first
7		refusal to purchase or lease, option to purchase, or option to
8		lease if the transfer, sale, or lease of the dealership
9		premises is to a person who is an immediate family member of
10		the dealer. For the purposes of this subsection (g), "immediate
11		family member" means a spouse, parent, son, daughter,
12		son-in-law, daughter-in-law, brother, and sister.
13		If a manufacturer exercises any right of first refusal to
14		purchase or lease or option to purchase or lease with regard to
15		a transfer, sale, or lease of the dealership premises to a
16		person who is not an immediate family member of the dealer,
17		then (1) within 60 days from the receipt of the completed
18		application forms generally utilized by a manufacturer to
19		conduct its review and a copy of all agreements regarding the
20		proposed transfer, the manufacturer must notify the dealer of
21		its intent to exercise the right of first refusal to purchase
22		or lease or option to purchase or lease and (2) the exercise of
23		the right of first refusal to purchase or lease or option to
24		purchase or lease must result in the dealer receiving
25		consideration, terms, and conditions that either are the same
26		as or greater than that which they have contracted to receive

HB4049 Engrossed - 2038 - LRB099 03667 KTG 23678 b
1		in connection with the proposed transfer, sale, or lease of the
2		dealership premises.
3		Any provision contained in any agreement entered into on or
4		after the effective date of this amendatory Act of the 96th
5		General Assembly that is inconsistent with the provisions of
6		this subsection (g) shall be voidable at the election of the
7		affected dealer, prospective dealer, or owner of an interest in
8		the dealership facility.
9		(h) For purposes of this subsection:
10		"Successor manufacturer" means any motor vehicle
11		manufacturer that, on or after January 1, 2009, acquires,
12		succeeds to, or assumes any part of the business of another
13		manufacturer, referred to as the "predecessor manufacturer",
14		as the result of any of the following:
15		(i) A change in ownership, operation, or control of the
16		predecessor manufacturer by sale or transfer of assets,
17		corporate stock or other equity interest, assignment,
18		merger, consolidation, combination, joint venture,
19		redemption, court-approved sale, operation of law or
20		otherwise.
21		(ii) The termination, suspension, or cessation of a
22		part or all of the business operations of the predecessor
23		manufacturer.
24		(iii) The discontinuance of the sale of the product
25		line.
26		(iv) A change in distribution system by the predecessor

HB4049 Engrossed - 2039 - LRB099 03667 KTG 23678 b
1		manufacturer, whether through a change in distributor or
2		the predecessor manufacturer's decision to cease
3		conducting business through a distributor altogether.
4		"Former Franchisee" means a new motor vehicle dealer that
5		has entered into a franchise with a predecessor manufacturer
6		and that has either:
7		(i) entered into a termination agreement or deferred
8		termination agreement with a predecessor or successor
9		manufacturer related to such franchise; or
10		(ii) has had such franchise canceled, terminated,
11		nonrenewed, noncontinued, rejected, nonassumed, or
12		otherwise ended.
13		For a period of 3 years from: (i) the date that a successor
14		manufacturer acquires, succeeds to, or assumes any part of the
15		business of a predecessor manufacturer; (ii) the last day that
16		a former franchisee is authorized to remain in business as a
17		franchised dealer with respect to a particular franchise under
18		a termination agreement or deferred termination agreement with
19		a predecessor or successor manufacturer; (iii) the last day
20		that a former franchisee that was cancelled, terminated,
21		nonrenewed, noncontinued, rejected, nonassumed, or otherwise
22		ended by a predecessor or successor manufacturer is authorized
23		to remain in business as a franchised dealer with respect to a
24		particular franchise; or (iv) the effective date of this
25		amendatory Act of the 96th General Assembly, whichever is
26		latest, it shall be unlawful for such successor manufacturer to

HB4049 Engrossed - 2040 - LRB099 03667 KTG 23678 b
1		enter into a same line make franchise with any person or to
2		permit the relocation of any existing same line make franchise,
3		for a line make of the predecessor manufacturer that would be
4		located or relocated within the relevant market area of a
5		former franchisee who owned or leased a dealership facility in
6		that relevant market area without first offering the additional
7		or relocated franchise to the former franchisee, or the
8		designated successor of such former franchisee in the event the
9		former franchisee is deceased or a person with a disability
10		disabled, at no cost and without any requirements or
11		restrictions other than those imposed generally on the
12		manufacturer's other franchisees at that time, unless one of
13		the following applies:
14		(1) As a result of the former franchisee's
15		cancellation, termination, noncontinuance, or nonrenewal
16		of the franchise, the predecessor manufacturer had
17		consolidated the line make with another of its line makes
18		for which the predecessor manufacturer had a franchisee
19		with a then-existing dealership facility located within
20		that relevant market area.
21		(2) The successor manufacturer has paid the former
22		franchisee, or the designated successor of such former
23		franchisee in the event the former franchisee is deceased
24		or a person with a disability disabled, the fair market
25		value of the former franchisee's franchise on (i) the date
26		the franchisor announces the action which results in the

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1		termination, cancellation, or nonrenewal; or (ii) the date
2		the action which results in termination, cancellation, or
3		nonrenewal first became general knowledge; or (iii) the day
4		12 months prior to the date on which the notice of
5		termination, cancellation, or nonrenewal is issued,
6		whichever amount is higher. Payment is due within 90 days
7		of the effective date of the termination, cancellation, or
8		nonrenewal. If the termination, cancellation, or
9		nonrenewal is due to a manufacturer's change in
10		distributors, the manufacturer may avoid paying fair
11		market value to the dealer if the new distributor or the
12		manufacturer offers the dealer a franchise agreement with
13		terms acceptable to the dealer.
14		(3) The successor manufacturer proves that it would
15		have had good cause to terminate the franchise agreement of
16		the former franchisee, or the successor of the former
17		franchisee under item (e)(10) in the event that the former
18		franchisee is deceased or a person with a disability
19		disabled. The determination of whether the successor
20		manufacturer would have had good cause to terminate the
21		franchise agreement of the former franchisee, or the
22		successor of the former franchisee, shall be made by the
23		Board under subsection (d) of Section 12. A successor
24		manufacturer that seeks to assert that it would have had
25		good cause to terminate a former franchisee, or the
26		successor of the former franchisee, must file a petition

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1		seeking a hearing on this issue before the Board and shall
2		have the burden of proving that it would have had good
3		cause to terminate the former franchisee or the successor
4		of the former franchisee. No successor dealer, other than
5		the former franchisee, may be appointed or franchised by
6		the successor manufacturer within the relevant market area
7		of the former franchisee until the Board has held a hearing
8		and rendered a determination on the issue of whether the
9		successor manufacturer would have had good cause to
10		terminate the former franchisee.
11		In the event that a successor manufacturer attempts to
12		enter into a same line make franchise with any person or to
13		permit the relocation of any existing line make franchise under
14		this subsection (h) at a location that is within the relevant
15		market area of 2 or more former franchisees, then the successor
16		manufacturer may not offer it to any person other than one of
17		those former franchisees unless the successor manufacturer can
18		prove that at least one of the 3 exceptions in items (1), (2),
19		and (3) of this subsection (h) applies to each of those former
20		franchisees.
21		(Source: P.A. 96-11, eff. 5-22-09; 96-824, eff. 11-25-09.)
22		Section 1050. The Minimum Wage Law is amended by changing
23		Sections 4 and 10 as follows:
24		(820 ILCS 105/4) (from Ch. 48, par. 1004)

HB4049 Engrossed - 2043 - LRB099 03667 KTG 23678 b
1		Sec. 4. (a)(1) Every employer shall pay to each of his
2		employees in every occupation wages of not less than $2.30 per
3		hour or in the case of employees under 18 years of age wages of
4		not less than $1.95 per hour, except as provided in Sections 5
5		and 6 of this Act, and on and after January 1, 1984, every
6		employer shall pay to each of his employees in every occupation
7		wages of not less than $2.65 per hour or in the case of
8		employees under 18 years of age wages of not less than $2.25
9		per hour, and on and after October 1, 1984 every employer shall
10		pay to each of his employees in every occupation wages of not
11		less than $3.00 per hour or in the case of employees under 18
12		years of age wages of not less than $2.55 per hour, and on or
13		after July 1, 1985 every employer shall pay to each of his
14		employees in every occupation wages of not less than $3.35 per
15		hour or in the case of employees under 18 years of age wages of
16		not less than $2.85 per hour, and from January 1, 2004 through
17		December 31, 2004 every employer shall pay to each of his or
18		her employees who is 18 years of age or older in every
19		occupation wages of not less than $5.50 per hour, and from
20		January 1, 2005 through June 30, 2007 every employer shall pay
21		to each of his or her employees who is 18 years of age or older
22		in every occupation wages of not less than $6.50 per hour, and
23		from July 1, 2007 through June 30, 2008 every employer shall
24		pay to each of his or her employees who is 18 years of age or
25		older in every occupation wages of not less than $7.50 per
26		hour, and from July 1, 2008 through June 30, 2009 every

HB4049 Engrossed - 2044 - LRB099 03667 KTG 23678 b
1		employer shall pay to each of his or her employees who is 18
2		years of age or older in every occupation wages of not less
3		than $7.75 per hour, and from July 1, 2009 through June 30,
4		2010 every employer shall pay to each of his or her employees
5		who is 18 years of age or older in every occupation wages of
6		not less than $8.00 per hour, and on and after July 1, 2010
7		every employer shall pay to each of his or her employees who is
8		18 years of age or older in every occupation wages of not less
9		than $8.25 per hour.
10		(2) Unless an employee's wages are reduced under Section 6,
11		then in lieu of the rate prescribed in item (1) of this
12		subsection (a), an employer may pay an employee who is 18 years
13		of age or older, during the first 90 consecutive calendar days
14		after the employee is initially employed by the employer, a
15		wage that is not more than 50¢ less than the wage prescribed in
16		item (1) of this subsection (a); however, an employer shall pay
17		not less than the rate prescribed in item (1) of this
18		subsection (a) to:
19		(A) a day or temporary laborer, as defined in Section 5
20		of the Day and Temporary Labor Services Act, who is 18
21		years of age or older; and
22		(B) an employee who is 18 years of age or older and
23		whose employment is occasional or irregular and requires
24		not more than 90 days to complete.
25		(3) At no time shall the wages paid to any employee under
26		18 years of age be more than 50¢ less than the wage required to

HB4049 Engrossed - 2045 - LRB099 03667 KTG 23678 b
1		be paid to employees who are at least 18 years of age under
2		item (1) of this subsection (a).
3		(b) No employer shall discriminate between employees on the
4		basis of sex or mental or physical disability handicap, except
5		as otherwise provided in this Act by paying wages to employees
6		at a rate less than the rate at which he pays wages to
7		employees for the same or substantially similar work on jobs
8		the performance of which requires equal skill, effort, and
9		responsibility, and which are performed under similar working
10		conditions, except where such payment is made pursuant to (1) a
11		seniority system; (2) a merit system; (3) a system which
12		measures earnings by quantity or quality of production; or (4)
13		a differential based on any other factor other than sex or
14		mental or physical disability handicap, except as otherwise
15		provided in this Act.
16		(c) Every employer of an employee engaged in an occupation
17		in which gratuities have customarily and usually constituted
18		and have been recognized as part of the remuneration for hire
19		purposes is entitled to an allowance for gratuities as part of
20		the hourly wage rate provided in Section 4, subsection (a) in
21		an amount not to exceed 40% of the applicable minimum wage
22		rate. The Director shall require each employer desiring an
23		allowance for gratuities to provide substantial evidence that
24		the amount claimed, which may not exceed 40% of the applicable
25		minimum wage rate, was received by the employee in the period
26		for which the claim of exemption is made, and no part thereof

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1		was returned to the employer.
2		(d) No camp counselor who resides on the premises of a
3		seasonal camp of an organized not-for-profit corporation shall
4		be subject to the adult minimum wage if the camp counselor (1)
5		works 40 or more hours per week, and (2) receives a total
6		weekly salary of not less than the adult minimum wage for a
7		40-hour week. If the counselor works less than 40 hours per
8		week, the counselor shall be paid the minimum hourly wage for
9		each hour worked. Every employer of a camp counselor under this
10		subsection is entitled to an allowance for meals and lodging as
11		part of the hourly wage rate provided in Section 4, subsection
12		(a), in an amount not to exceed 25% of the minimum wage rate.
13		(e) A camp counselor employed at a day camp is not subject
14		to the adult minimum wage if the camp counselor is paid a
15		stipend on a onetime or periodic basis and, if the camp
16		counselor is a minor, the minor's parent, guardian or other
17		custodian has consented in writing to the terms of payment
18		before the commencement of such employment.
19		(Source: P.A. 94-1072, eff. 7-1-07; 94-1102, eff. 7-1-07;
20		95-945, eff. 1-1-09.)
21		(820 ILCS 105/10) (from Ch. 48, par. 1010)
22		Sec. 10. (a) The Director shall make and revise
23		administrative regulations, including definitions of terms, as
24		he deems appropriate to carry out the purposes of this Act, to
25		prevent the circumvention or evasion thereof, and to safeguard

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1		the minimum wage established by the Act. Regulations governing
2		employment of learners may be issued only after notice and
3		opportunity for public hearing, as provided in subsection (c)
4		of this Section.
5		(b) In order to prevent curtailment of opportunities for
6		employment, avoid undue hardship, and safeguard the minimum
7		wage rate under this Act, the Director may also issue
8		regulations providing for the employment of workers with
9		disabilities handicapped workers at wages lower than the wage
10		rate applicable under this Act, under permits and for such
11		periods of time as specified therein; and providing for the
12		employment of learners at wages lower than the wage rate
13		applicable under this Act. However, such regulation shall not
14		permit lower wages for persons with disabilities the
15		handicapped on any basis that is unrelated to such person's
16		ability resulting from his disability handicap, and such
17		regulation may be issued only after notice and opportunity for
18		public hearing as provided in subsection (c) of this Section.
19		(c) Prior to the adoption, amendment or repeal of any rule
20		or regulation by the Director under this Act, except
21		regulations which concern only the internal management of the
22		Department of Labor and do not affect any public right provided
23		by this Act, the Director shall give proper notice to persons
24		in any industry or occupation that may be affected by the
25		proposed rule or regulation, and hold a public hearing on his
26		proposed action at which any such affected person, or his duly

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1		authorized representative, may attend and testify or present
2		other evidence for or against such proposed rule or regulation.
3		Rules and regulations adopted under this Section shall be filed
4		with the Secretary of State in compliance with "An Act
5		concerning administrative rules", as now or hereafter amended.
6		Such adopted and filed rules and regulations shall become
7		effective 10 days after copies thereof have been mailed by the
8		Department to persons in industries affected thereby at their
9		last known address.
10		(d) The commencement of proceedings by any person aggrieved
11		by an administrative regulation issued under this Act does not,
12		unless specifically ordered by the Court, operate as a stay of
13		that administrative regulation against other persons. The
14		Court shall not grant any stay of an administrative regulation
15		unless the person complaining of such regulation files in the
16		Court an undertaking with a surety or sureties satisfactory to
17		the Court for the payment to the employees affected by the
18		regulation, in the event such regulation is affirmed, of the
19		amount by which the compensation such employees are entitled to
20		receive under the regulation exceeds the compensation they
21		actually receive while such stay is in effect.
22		(Source: P.A. 77-1451.)
23		Section 1055. The Workers' Compensation Act is amended by
24		changing Sections 6 and 17 as follows:

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1		(820 ILCS 305/6) (from Ch. 48, par. 138.6)
2		Sec. 6. (a) Every employer within the provisions of this
3		Act, shall, under the rules and regulations prescribed by the
4		Commission, post printed notices in their respective places of
5		employment in such number and at such places as may be
6		determined by the Commission, containing such information
7		relative to this Act as in the judgment of the Commission may
8		be necessary to aid employees to safeguard their rights under
9		this Act in event of injury.
10		In addition thereto, the employer shall post in a
11		conspicuous place on the place of the employment a printed or
12		typewritten notice stating whether he is insured or whether he
13		has qualified and is operating as a self-insured employer. In
14		the event the employer is insured, the notice shall state the
15		name and address of his insurance carrier, the number of the
16		insurance policy, its effective date and the date of
17		termination. In the event of the termination of the policy for
18		any reason prior to the termination date stated, the posted
19		notice shall promptly be corrected accordingly. In the event
20		the employer is operating as a self-insured employer the notice
21		shall state the name and address of the company, if any,
22		servicing the compensation payments of the employer, and the
23		name and address of the person in charge of making compensation
24		payments.
25		(b) Every employer subject to this Act shall maintain
26		accurate records of work-related deaths, injuries and illness

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1		other than minor injuries requiring only first aid treatment
2		and which do not involve medical treatment, loss of
3		consciousness, restriction of work or motion, or transfer to
4		another job and file with the Commission, in writing, a report
5		of all accidental deaths, injuries and illnesses arising out of
6		and in the course of the employment resulting in the loss of
7		more than 3 scheduled work days. In the case of death such
8		report shall be made no later than 2 working days following the
9		accidental death. In all other cases such report shall be made
10		between the 15th and 25th of each month unless required to be
11		made sooner by rule of the Commission. In case the injury
12		results in permanent disability, a further report shall be made
13		as soon as it is determined that such permanent disability has
14		resulted or will result from the injury. All reports shall
15		state the date of the injury, including the time of day or
16		night, the nature of the employer's business, the name,
17		address, age, sex, conjugal condition of the injured person,
18		the specific occupation of the injured person, the direct cause
19		of the injury and the nature of the accident, the character of
20		the injury, the length of disability, and in case of death the
21		length of disability before death, the wages of the injured
22		person, whether compensation has been paid to the injured
23		person, or to his or her legal representative or his heirs or
24		next of kin, the amount of compensation paid, the amount paid
25		for physicians', surgeons' and hospital bills, and by whom
26		paid, and the amount paid for funeral or burial expenses if

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1		known. The reports shall be made on forms and in the manner as
2		prescribed by the Commission and shall contain such further
3		information as the Commission shall deem necessary and require.
4		The making of these reports releases the employer from making
5		such reports to any other officer of the State and shall
6		satisfy the reporting provisions as contained in the Safety
7		Inspection and Education Act, the Health and Safety Act, and
8		the Occupational Safety and Health Act. The reports filed with
9		the Commission pursuant to this Section shall be made available
10		by the Commission to the Director of Labor or his
11		representatives and to all other departments of the State of
12		Illinois which shall require such information for the proper
13		discharge of their official duties. Failure to file with the
14		Commission any of the reports required in this Section is a
15		petty offense.
16		Except as provided in this paragraph, all reports filed
17		hereunder shall be confidential and any person having access to
18		such records filed with the Illinois Workers' Compensation
19		Commission as herein required, who shall release any
20		information therein contained including the names or otherwise
21		identify any persons sustaining injuries or disabilities, or
22		give access to such information to any unauthorized person,
23		shall be subject to discipline or discharge, and in addition
24		shall be guilty of a Class B misdemeanor. The Commission shall
25		compile and distribute to interested persons aggregate
26		statistics, taken from the reports filed hereunder. The

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1		aggregate statistics shall not give the names or otherwise
2		identify persons sustaining injuries or disabilities or the
3		employer of any injured person or person with a disability or
4		disabled person.
5		(c) Notice of the accident shall be given to the employer
6		as soon as practicable, but not later than 45 days after the
7		accident. Provided:
8		(1) In case of the legal disability of the employee or
9		any dependent of a deceased employee who may be entitled to
10		compensation under the provisions of this Act, the
11		limitations of time by this Act provided do not begin to
12		run against such person under legal disability until a
13		guardian has been appointed.
14		(2) In cases of injuries sustained by exposure to
15		radiological materials or equipment, notice shall be given
16		to the employer within 90 days subsequent to the time that
17		the employee knows or suspects that he has received an
18		excessive dose of radiation.
19		No defect or inaccuracy of such notice shall be a bar to
20		the maintenance of proceedings on arbitration or otherwise by
21		the employee unless the employer proves that he is unduly
22		prejudiced in such proceedings by such defect or inaccuracy.
23		Notice of the accident shall give the approximate date and
24		place of the accident, if known, and may be given orally or in
25		writing.
26		(d) Every employer shall notify each injured employee who

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1		has been granted compensation under the provisions of Section 8
2		of this Act of his rights to rehabilitation services and advise
3		him of the locations of available public rehabilitation centers
4		and any other such services of which the employer has
5		knowledge.
6		In any case, other than one where the injury was caused by
7		exposure to radiological materials or equipment or asbestos
8		unless the application for compensation is filed with the
9		Commission within 3 years after the date of the accident, where
10		no compensation has been paid, or within 2 years after the date
11		of the last payment of compensation, where any has been paid,
12		whichever shall be later, the right to file such application
13		shall be barred.
14		In any case of injury caused by exposure to radiological
15		materials or equipment or asbestos, unless application for
16		compensation is filed with the Commission within 25 years after
17		the last day that the employee was employed in an environment
18		of hazardous radiological activity or asbestos, the right to
19		file such application shall be barred.
20		If in any case except one where the injury was caused by
21		exposure to radiological materials or equipment or asbestos,
22		the accidental injury results in death application for
23		compensation for death may be filed with the Commission within
24		3 years after the date of death where no compensation has been
25		paid or within 2 years after the date of the last payment of
26		compensation where any has been paid, whichever shall be later,

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1		but not thereafter.
2		If an accidental injury caused by exposure to radiological
3		material or equipment or asbestos results in death within 25
4		years after the last day that the employee was so exposed
5		application for compensation for death may be filed with the
6		Commission within 3 years after the date of death, where no
7		compensation has been paid, or within 2 years after the date of
8		the last payment of compensation where any has been paid,
9		whichever shall be later, but not thereafter.
10		(e) Any contract or agreement made by any employer or his
11		agent or attorney with any employee or any other beneficiary of
12		any claim under the provisions of this Act within 7 days after
13		the injury shall be presumed to be fraudulent.
14		(f) Any condition or impairment of health of an employee
15		employed as a firefighter, emergency medical technician (EMT),
16		emergency medical technician-intermediate (EMT-I), advanced
17		emergency medical technician (A-EMT), or paramedic which
18		results directly or indirectly from any bloodborne pathogen,
19		lung or respiratory disease or condition, heart or vascular
20		disease or condition, hypertension, tuberculosis, or cancer
21		resulting in any disability (temporary, permanent, total, or
22		partial) to the employee shall be rebuttably presumed to arise
23		out of and in the course of the employee's firefighting, EMT,
24		or paramedic employment and, further, shall be rebuttably
25		presumed to be causally connected to the hazards or exposures
26		of the employment. This presumption shall also apply to any

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1		hernia or hearing loss suffered by an employee employed as a
2		firefighter, EMT, EMT-I, A-EMT, or paramedic. However, this
3		presumption shall not apply to any employee who has been
4		employed as a firefighter, EMT, or paramedic for less than 5
5		years at the time he or she files an Application for Adjustment
6		of Claim concerning this condition or impairment with the
7		Illinois Workers' Compensation Commission. The rebuttable
8		presumption established under this subsection, however, does
9		not apply to an emergency medical technician (EMT), emergency
10		medical technician-intermediate (EMT-I), advanced emergency
11		medical technician (A-EMT), or paramedic employed by a private
12		employer if the employee spends the preponderance of his or her
13		work time for that employer engaged in medical transfers
14		between medical care facilities or non-emergency medical
15		transfers to or from medical care facilities. The changes made
16		to this subsection by Public Act 98-291 shall be narrowly
17		construed. The Finding and Decision of the Illinois Workers'
18		Compensation Commission under only the rebuttable presumption
19		provision of this subsection shall not be admissible or be
20		deemed res judicata in any disability claim under the Illinois
21		Pension Code arising out of the same medical condition;
22		however, this sentence makes no change to the law set forth in
23		Krohe v. City of Bloomington, 204 Ill.2d 392.
24		(Source: P.A. 98-291, eff. 1-1-14; 98-874, eff. 1-1-15; 98-973,
25		eff. 8-15-14; revised 10-1-14.)

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1		(820 ILCS 305/17) (from Ch. 48, par. 138.17)
2		Sec. 17. The Commission shall cause to be printed and
3		furnish free of charge upon request by any employer or employee
4		such blank forms as may facilitate or promote efficient
5		administration and the performance of the duties of the
6		Commission. It shall provide a proper record in which shall be
7		entered and indexed the name of any employer who shall file a
8		notice of declination or withdrawal under this Act, and the
9		date of the filing thereof; and a proper record in which shall
10		be entered and indexed the name of any employee who shall file
11		such notice of declination or withdrawal, and the date of the
12		filing thereof; and such other notices as may be required by
13		this Act; and records in which shall be recorded all
14		proceedings, orders and awards had or made by the Commission or
15		by the arbitration committees, and such other books or records
16		as it shall deem necessary, all such records to be kept in the
17		office of the Commission.
18		The Commission may destroy all papers and documents which
19		have been on file for more than 5 years where there is no claim
20		for compensation pending or where more than 2 years have
21		elapsed since the termination of the compensation period.
22		The Commission shall compile and distribute to interested
23		persons aggregate statistics, taken from any records and
24		reports in the possession of the Commission. The aggregate
25		statistics shall not give the names or otherwise identify
26		persons sustaining injuries or disabilities or the employer of

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1		any injured person or person with a disability or disabled
2		person.
3		The Commission is authorized to establish reasonable fees
4		and methods of payment limited to covering only the costs to
5		the Commission for processing, maintaining and generating
6		records or data necessary for the computerized production of
7		documents, records and other materials except to the extent of
8		any salaries or compensation of Commission officers or
9		employees.
10		All fees collected by the Commission under this Section
11		shall be deposited in the Statistical Services Revolving Fund
12		and credited to the account of the Illinois Workers'
13		Compensation Commission.
14		(Source: P.A. 93-721, eff. 1-1-05.)
15		Section 1060. The Workers' Occupational Diseases Act is
16		amended by changing Sections 5, 6, 10, and 17 as follows:
17		(820 ILCS 310/5) (from Ch. 48, par. 172.40)
18		(Text of Section WITH the changes made by P.A. 89-7, which
19		has been held unconstitutional)
20		Sec. 5. (a) There is no common law or statutory right to
21		recover compensation or damages from the employer, his insurer,
22		his broker, any service organization retained by the employer,
23		his insurer or his broker to provide safety service, advice or
24		recommendations for the employer or the agents or employees of

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1		any of them for or on account of any injury to health, disease,
2		or death therefrom, other than for the compensation herein
3		provided or for damages as provided in Section 3 of this Act.
4		This Section shall not affect any right to compensation under
5		the "Workers' Compensation Act".
6		No compensation is payable under this Act for any condition
7		of physical or mental ill-being, disability, disablement, or
8		death for which compensation is recoverable on account of
9		accidental injury under the "Workers' Compensation Act".
10		(b) Where the disablement or death for which compensation
11		is payable under this Act was caused under circumstances
12		creating a legal liability for damages on the part of some
13		person other than his employer to pay damages, then legal
14		proceedings may be taken against such other person to recover
15		damages notwithstanding such employer's payment of or
16		liability to pay compensation under this Act. In such case,
17		however, if the action against such other person is brought by
18		the employee with a disability disabled employee or his
19		personal representative and judgment is obtained and paid or
20		settlement is made with such other person, either with or
21		without suit, then from the amount received by such employee or
22		personal representative there shall be paid to the employer the
23		amount of compensation paid or to be paid by him to such
24		employee or personal representative, including amounts paid or
25		to be paid pursuant to paragraph (a) of Section 8 of the
26		Workers' Compensation Act as required under Section 7 of this

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1		Act. If the employee or personal representative brings an
2		action against another person and the other person then brings
3		an action for contribution against the employer, the amount, if
4		any, that shall be paid to the employer by the employee or
5		personal representative pursuant to this Section shall be
6		reduced by an amount equal to the amount found by the trier of
7		fact to be the employer's pro rata share of the common
8		liability in the action.
9		Out of any reimbursement received by the employer, pursuant
10		to this Section the employer shall pay his pro rata share of
11		all costs and reasonably necessary expenses in connection with
12		such third party claim, action or suit, and where the services
13		of an attorney at law of the employee or dependents have
14		resulted in or substantially contributed to the procurement by
15		suit, settlement or otherwise of the proceeds out of which the
16		employer is reimbursed, then, in the absence of other
17		agreement, the employer shall pay such attorney 25% of the
18		gross amount of such reimbursement.
19		If the employee with a disability disabled employee or his
20		personal representative agrees to receive compensation from
21		the employer or accept from the employer any payment on account
22		of such compensation, or to institute proceedings to recover
23		the same, the employer may have or claim a lien upon any award,
24		judgment or fund out of which such employee might be
25		compensated from such third party.
26		In such actions brought by the employee or his personal

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1		representative, he shall forthwith notify his employer by
2		personal service or registered mail, of such fact and of the
3		name of the court in which the suit is brought, filing proof
4		thereof in the action. The employer may, at any time thereafter
5		join in the action upon his motion so that all orders of court
6		after hearing and judgment shall be made for his protection. No
7		release or settlement of claim for damages by reason of such
8		disability or death, and no satisfaction of judgment in such
9		proceedings, are valid without the written consent of both
10		employer and employee or his personal representative, except in
11		the case of the employers, such consent is not required where
12		the employer has been fully indemnified or protected by court
13		order.
14		In the event the employee or his personal representative
15		fails to institute a proceeding against such third person at
16		any time prior to 3 months before such action would be barred
17		at law the employer may in his own name, or in the name of the
18		employee or his personal representative, commence a proceeding
19		against such other person for the recovery of damages on
20		account of such disability or death to the employee, and out of
21		any amount recovered the employer shall pay over to the injured
22		employee or his personal representative all sums collected from
23		such other person by judgment or otherwise in excess of the
24		amount of such compensation paid or to be paid under this Act,
25		including amounts paid or to be paid pursuant to paragraph (a)
26		of Section 8 of the Workers' Compensation Act as required by

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1		Section 7 of this Act, and costs, attorney's fees and
2		reasonable expenses as may be incurred by such employer in
3		making such collection or in enforcing such liability.
4		This amendatory Act of 1995 applies to causes of action
5		accruing on or after its effective date.
6		(Source: P.A. 89-7, eff. 3-9-95.)
7		(Text of Section WITHOUT the changes made by P.A. 89-7,
8		which has been held unconstitutional)
9		Sec. 5. (a) There is no common law or statutory right to
10		recover compensation or damages from the employer, his insurer,
11		his broker, any service organization retained by the employer,
12		his insurer or his broker to provide safety service, advice or
13		recommendations for the employer or the agents or employees of
14		any of them for or on account of any injury to health, disease,
15		or death therefrom, other than for the compensation herein
16		provided or for damages as provided in Section 3 of this Act.
17		This Section shall not affect any right to compensation under
18		the "Workers' Compensation Act".
19		No compensation is payable under this Act for any condition
20		of physical or mental ill-being, disability, disablement, or
21		death for which compensation is recoverable on account of
22		accidental injury under the "Workers' Compensation Act".
23		(b) Where the disablement or death for which compensation
24		is payable under this Act was caused under circumstances
25		creating a legal liability for damages on the part of some

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1		person other than his employer to pay damages, then legal
2		proceedings may be taken against such other person to recover
3		damages notwithstanding such employer's payment of or
4		liability to pay compensation under this Act. In such case,
5		however, if the action against such other person is brought by
6		the employee with a disability disabled employee or his
7		personal representative and judgment is obtained and paid or
8		settlement is made with such other person, either with or
9		without suit, then from the amount received by such employee or
10		personal representative there shall be paid to the employer the
11		amount of compensation paid or to be paid by him to such
12		employee or personal representative, including amounts paid or
13		to be paid pursuant to paragraph (a) of Section 8 of this Act.
14		Out of any reimbursement received by the employer, pursuant
15		to this Section the employer shall pay his pro rata share of
16		all costs and reasonably necessary expenses in connection with
17		such third party claim, action or suit, and where the services
18		of an attorney at law of the employee or dependents have
19		resulted in or substantially contributed to the procurement by
20		suit, settlement or otherwise of the proceeds out of which the
21		employer is reimbursed, then, in the absence of other
22		agreement, the employer shall pay such attorney 25% of the
23		gross amount of such reimbursement.
24		If the employee with a disability disabled employee or his
25		personal representative agrees to receive compensation from
26		the employer or accept from the employer any payment on account

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1		of such compensation, or to institute proceedings to recover
2		the same, the employer may have or claim a lien upon any award,
3		judgment or fund out of which such employee might be
4		compensated from such third party.
5		In such actions brought by the employee or his personal
6		representative, he shall forthwith notify his employer by
7		personal service or registered mail, of such fact and of the
8		name of the court in which the suit is brought, filing proof
9		thereof in the action. The employer may, at any time thereafter
10		join in the action upon his motion so that all orders of court
11		after hearing and judgment shall be made for his protection. No
12		release or settlement of claim for damages by reason of such
13		disability or death, and no satisfaction of judgment in such
14		proceedings, are valid without the written consent of both
15		employer and employee or his personal representative, except in
16		the case of the employers, such consent is not required where
17		the employer has been fully indemnified or protected by court
18		order.
19		In the event the employee or his personal representative
20		fails to institute a proceeding against such third person at
21		any time prior to 3 months before such action would be barred
22		at law the employer may in his own name, or in the name of the
23		employee or his personal representative, commence a proceeding
24		against such other person for the recovery of damages on
25		account of such disability or death to the employee, and out of
26		any amount recovered the employer shall pay over to the injured

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1		employee or his personal representative all sums collected from
2		such other person by judgment or otherwise in excess of the
3		amount of such compensation paid or to be paid under this Act,
4		including amounts paid or to be paid pursuant to paragraph (a)
5		of Section 8 of this Act, and costs, attorney's fees and
6		reasonable expenses as may be incurred by such employer in
7		making such collection or in enforcing such liability.
8		(Source: P.A. 81-992.)
9		(820 ILCS 310/6) (from Ch. 48, par. 172.41)
10		Sec. 6. (a) Every employer operating under the compensation
11		provisions of this Act, shall post printed notices in their
12		respective places of employment in conspicuous places and in
13		such number and at such places as may be determined by the
14		Commission, containing such information relative to this Act as
15		in the judgment of the Commission may be necessary to aid
16		employees to safeguard their rights under this Act.
17		In addition thereto, the employer shall post in a
18		conspicuous place on the premises of the employment a printed
19		or typewritten notice stating whether he is insured or whether
20		he has qualified and is operating as a self-insured employer.
21		In the event the employer is insured, the notice shall state
22		the name and address of his or her insurance carrier, the
23		number of the insurance policy, its effective date and the date
24		of termination. In the event of the termination of the policy
25		for any reason prior to the termination date stated, the posted

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1		notice shall promptly be corrected accordingly. In the event
2		the employer is operating as a self-insured employer the notice
3		shall state the name and address of the company, if any,
4		servicing the compensation payments of the employer, and the
5		name and address of the person in charge of making compensation
6		payments.
7		(b) Every employer subject to this Act shall maintain
8		accurate records of work-related deaths, injuries and
9		illnesses other than minor injuries requiring only first aid
10		treatment and which do not involve medical treatment, loss of
11		consciousness, restriction of work or motion or transfer to
12		another job and file with the Illinois Workers' Compensation
13		Commission, in writing, a report of all occupational diseases
14		arising out of and in the course of the employment and
15		resulting in death, or disablement or illness resulting in the
16		loss of more than 3 scheduled work days. In the case of death
17		such report shall be made no later than 2 working days
18		following the occupational death. In all other cases such
19		report shall be made between the 15th and 25th of each month
20		unless required to be made sooner by rule of the Illinois
21		Workers' Compensation Commission. In case the occupational
22		disease results in permanent disability, a further report shall
23		be made as soon as it is determined that such permanent
24		disability has resulted or will result therefrom. All reports
25		shall state the date of the disablement, the nature of the
26		employer's business, the name, address, the age, sex, conjugal

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1		condition of the person with a disability disabled person, the
2		specific occupation of the person, the nature and character of
3		the occupational disease, the length of disability, and, in
4		case of death, the length of disability before death, the wages
5		of the employee, whether compensation has been paid to the
6		employee, or to his legal representative or his heirs or next
7		of kin, the amount of compensation paid, the amount paid for
8		physicians', surgeons' and hospital bills, and by whom paid,
9		and the amount paid for funeral or burial expenses, if known.
10		The reports shall be made on forms and in the manner as
11		prescribed by the Illinois Workers' Compensation Commission
12		and shall contain such further information as the Commission
13		shall deem necessary and require. The making of such reports
14		releases the employer from making such reports to any other
15		officer of the State and shall satisfy the reporting provisions
16		as contained in the Safety Inspection and Education Act, the
17		Health And Safety Act, and the Occupational Safety and Health
18		Act. The report filed with the Illinois Workers' Compensation
19		Commission pursuant to the provisions of this Section shall be
20		made available by the Illinois Workers' Compensation
21		Commission to the Director of Labor or his representatives, to
22		the Department of Public Health pursuant to the Illinois Health
23		and Hazardous Substances Registry Act, and to all other
24		departments of the State of Illinois which shall require such
25		information for the proper discharge of their official duties.
26		Failure to file with the Commission any of the reports required

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1		in this Section is a petty offense.
2		Except as provided in this paragraph, all reports filed
3		hereunder shall be confidential and any person having access to
4		such records filed with the Illinois Workers' Compensation
5		Commission as herein required, who shall release the names or
6		otherwise identify any persons sustaining injuries or
7		disabilities, or gives access to such information to any
8		unauthorized person, shall be subject to discipline or
9		discharge, and in addition shall be guilty of a Class B
10		misdemeanor. The Commission shall compile and distribute to
11		interested persons aggregate statistics, taken from the
12		reports filed hereunder. The aggregate statistics shall not
13		give the names or otherwise identify persons sustaining
14		injuries or disabilities or the employer of any injured person
15		or person with a disability or disabled person.
16		(c) There shall be given notice to the employer of
17		disablement arising from an occupational disease as soon as
18		practicable after the date of the disablement. If the
19		Commission shall find that the failure to give such notice
20		substantially prejudices the rights of the employer the
21		Commission in its discretion may order that the right of the
22		employee to proceed under this Act shall be barred.
23		In case of legal disability of the employee or any
24		dependent of a deceased employee who may be entitled to
25		compensation, under the provisions of this Act, the limitations
26		of time in this Section of this Act provided shall not begin to

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1		run against such person who is under legal disability until a
2		conservator or guardian has been appointed. No defect or
3		inaccuracy of such notice shall be a bar to the maintenance of
4		proceedings on arbitration or otherwise by the employee unless
5		the employer proves that he or she is unduly prejudiced in such
6		proceedings by such defect or inaccuracy. Notice of the
7		disabling disease may be given orally or in writing. In any
8		case, other than injury or death caused by exposure to
9		radiological materials or equipment or asbestos, unless
10		application for compensation is filed with the Commission
11		within 3 years after the date of the disablement, where no
12		compensation has been paid, or within 2 years after the date of
13		the last payment of compensation, where any has been paid,
14		whichever shall be later, the right to file such application
15		shall be barred. If the occupational disease results in death,
16		application for compensation for death may be filed with the
17		Commission within 3 years after the date of death where no
18		compensation has been paid, or within 3 years after the last
19		payment of compensation, where any has been paid, whichever is
20		later, but not thereafter.
21		Effective July 1, 1973 in cases of disability caused by
22		coal miners pneumoconiosis unless application for compensation
23		is filed with the Commission within 5 years after the employee
24		was last exposed where no compensation has been paid, or within
25		5 years after the last payment of compensation where any has
26		been paid, the right to file such application shall be barred.

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1		In cases of disability caused by exposure to radiological
2		materials or equipment or asbestos, unless application for
3		compensation is filed with the Commission within 25 years after
4		the employee was so exposed, the right to file such application
5		shall be barred.
6		In cases of death occurring within 25 years from the last
7		exposure to radiological material or equipment or asbestos,
8		application for compensation must be filed within 3 years of
9		death where no compensation has been paid, or within 3 years,
10		after the date of the last payment where any has been paid, but
11		not thereafter.
12		(d) Any contract or agreement made by any employer or his
13		agent or attorney with any employee or any other beneficiary of
14		any claim under the provisions of this Act within 7 days after
15		the disablement shall be presumed to be fraudulent.
16		(Source: P.A. 98-874, eff. 1-1-15.)
17		(820 ILCS 310/10) (from Ch. 48, par. 172.45)
18		Sec. 10. The basis for computing the compensation provided
19		for in Sections 7 and 8 of the Act shall be as follows:
20		(a) The compensation shall be computed on the basis of the
21		annual earnings which the person with a disability disabled
22		person received as salary, wages or earnings if in the
23		employment of the same employer continuously during the year
24		next preceding the day of last exposure.
25		(b) Employment by the same employer shall be taken to mean

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1		employment by the same employer in the grade in which the
2		employee was employed at the time of the last day of the last
3		exposure, uninterrupted by absence from work due to illness or
4		any other unavoidable cause.
5		(c) If such person has not been engaged in the employment
6		of the same employer for the full year immediately preceding
7		the last day of the last exposure, the compensation shall be
8		computed according to the annual earnings which persons of the
9		same class in the same employment and same location, (or if
10		that be impracticable, of neighboring employments of the same
11		kind) have earned during such period.
12		(d) As to employees in employments in which it is the
13		custom to operate throughout the working days of the year, the
14		annual earnings, if not otherwise determinable, shall be
15		regarded as 300 times the average daily earnings in such
16		computation.
17		(e) As to employees in employments in which it is the
18		custom to operate for a part of the whole number of working
19		days in each year, such number, if the annual earnings are not
20		otherwise determinable, shall be used instead of 300 as a basis
21		for computing the annual earnings, provided the minimum number
22		of days which shall be so used for the basis of the year's work
23		shall be not less than 200.
24		(f) In the case of injured employees who earn either no
25		wage or less than the earnings of adult day laborers in the
26		same line of employment in that locality, the yearly wage shall

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1		be reckoned according to the average annual earnings of adults
2		of the same class in the same (or if that is impracticable,
3		then of neighboring) employments.
4		(g) Earnings, for the purpose of this section, shall be
5		based on the earnings for the number of hours commonly regarded
6		as a day's work for that employment, and shall include overtime
7		earnings. The earnings shall not include any sum which the
8		employer has been accustomed to pay the employee to cover any
9		special expense entailed on him by the nature of his
10		employment.
11		(h) In computing the compensation to be paid to any
12		employee, who, before the disablement for which he claims
13		compensation, was a person with a disability disabled and
14		drawing compensation under the terms of this Act, the
15		compensation for each subsequent disablement shall be
16		apportioned according to the proportion of incapacity and
17		disability caused by the respective disablements which he may
18		have suffered.
19		(i) To determine the amount of compensation for each
20		installment period, the amount per annum shall be ascertained
21		pursuant hereto, and such amount divided by the number of
22		installment periods per annum.
23		(Source: P.A. 79-78.)
24		(820 ILCS 310/17) (from Ch. 48, par. 172.52)
25		Sec. 17. The Commission shall cause to be printed and shall

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1		furnish free of charge upon request by any employer or employee
2		such blank forms as it shall deem requisite to facilitate or
3		promote the efficient administration of this Act, and the
4		performance of the duties of the Commission. It shall provide a
5		proper record in which shall be entered and indexed the name of
6		any employer who shall file a notice of election under this
7		Act, and the date of the filing thereof; and a proper record in
8		which shall be entered and indexed the name of any employee who
9		shall file a notice of election, and the date of the filing
10		thereof; and such other notices as may be required by this Act;
11		and records in which shall be recorded all proceedings, orders
12		and awards had or made by the Commission, or by the arbitration
13		committees, and such other books or records as it shall deem
14		necessary, all such records to be kept in the office of the
15		Commission. The Commission, in its discretion, may destroy all
16		papers and documents except notices of election and waivers
17		which have been on file for more than five years where there is
18		no claim for compensation pending, or where more than two years
19		have elapsed since the termination of the compensation period.
20		The Commission shall compile and distribute to interested
21		persons aggregate statistics, taken from any records and
22		reports in the possession of the Commission. The aggregate
23		statistics shall not give the names or otherwise identify
24		persons sustaining injuries or disabilities or the employer of
25		any injured person or person with a disability or disabled
26		person.

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1		The Commission is authorized to establish reasonable fees
2		and methods of payment limited to covering only the costs to
3		the Commission for processing, maintaining and generating
4		records or data necessary for the computerized production of
5		documents, records and other materials except to the extent of
6		any salaries or compensation of Commission officers or
7		employees.
8		All fees collected by the Commission under this Section
9		shall be deposited in the Statistical Services Revolving Fund
10		and credited to the account of the Illinois Workers'
11		Compensation Commission.
12		(Source: P.A. 93-721, eff. 1-1-05.)
13		Section 1065. The Unemployment Insurance Act is amended by
14		changing Section 601 as follows:
15		(820 ILCS 405/601) (from Ch. 48, par. 431)
16		Sec. 601. Voluntary leaving.
17		A. An individual shall be ineligible for benefits for the
18		week in which he or she has left work voluntarily without good
19		cause attributable to the employing unit and, thereafter, until
20		he or she has become reemployed and has had earnings equal to
21		or in excess of his or her current weekly benefit amount in
22		each of four calendar weeks which are either for services in
23		employment, or have been or will be reported pursuant to the
24		provisions of the Federal Insurance Contributions Act by each

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1		employing unit for which such services are performed and which
2		submits a statement certifying to that fact.
3		B. The provisions of this Section shall not apply to an
4		individual who has left work voluntarily:
5		1. Because he or she is deemed physically unable to
6		perform his or her work by a licensed and practicing
7		physician, or because the individual's assistance is
8		necessary for the purpose of caring for his or her spouse,
9		child, or parent who, according to a licensed and
10		practicing physician or as otherwise reasonably verified,
11		is in poor physical or mental health or is a person with a
12		mental or physical disability mentally or physically
13		disabled and the employer is unable to accommodate the
14		individual's need to provide such assistance;
15		2. To accept other bona fide work and, after such
16		acceptance, the individual is either not unemployed in each
17		of 2 weeks, or earns remuneration for such work equal to at
18		least twice his or her current weekly benefit amount;
19		3. In lieu of accepting a transfer to other work
20		offered to the individual by the employing unit under the
21		terms of a collective bargaining agreement or pursuant to
22		an established employer plan, program, or policy, if the
23		acceptance of such other work by the individual would
24		require the separation from that work of another individual
25		currently performing it;
26		4. Solely because of the sexual harassment of the

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1		individual by another employee. Sexual harassment means
2		(1) unwelcome sexual advances, requests for sexual favors,
3		sexually motivated physical contact or other conduct or
4		communication which is made a term or condition of the
5		employment or (2) the employee's submission to or rejection
6		of such conduct or communication which is the basis for
7		decisions affecting employment, or (3) when such conduct or
8		communication has the purpose or effect of substantially
9		interfering with an individual's work performance or
10		creating an intimidating, hostile, or offensive working
11		environment and the employer knows or should know of the
12		existence of the harassment and fails to take timely and
13		appropriate action;
14		5. Which he or she had accepted after separation from
15		other work, and the work which he or she left voluntarily
16		would be deemed unsuitable under the provisions of Section
17		603;
18		6. (a) Because the individual left work due to verified
19		domestic violence as defined in Section 103 of the Illinois
20		Domestic Violence Act of 1986 where the domestic violence
21		caused the individual to reasonably believe that his or her
22		continued employment would jeopardize his or her safety or
23		the safety of his or her spouse, minor child, or parent
24		if the individual provides the following:
25		(i) notice to the employing unit of the reason for
26		the individual's voluntarily leaving; and

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1		(ii) to the Department provides:
2		(A) an order of protection or other
3		documentation of equitable relief issued by a
4		court of competent jurisdiction; or
5		(B) a police report or criminal charges
6		documenting the domestic violence; or
7		(C) medical documentation of the domestic
8		violence; or
9		(D) evidence of domestic violence from a
10		member of the clergy, attorney, counselor, social
11		worker, health worker or domestic violence shelter
12		worker.
13		(b) If the individual does not meet the provisions of
14		subparagraph (a), the individual shall be held to have
15		voluntarily terminated employment for the purpose of
16		determining the individual's eligibility for benefits
17		pursuant to subsection A.
18		(c) Notwithstanding any other provision to the
19		contrary, evidence of domestic violence experienced by an
20		individual, or his or her spouse, minor child, or parent,
21		including the individual's statement and corroborating
22		evidence, shall not be disclosed by the Department unless
23		consent for disclosure is given by the individual.
24		7. Because, due to a change in location of employment
25		of the individual's spouse, the individual left work to
26		accompany his or her spouse to a place from which it is

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1		impractical to commute or because the individual left
2		employment to accompany a spouse who has been reassigned
3		from one military assignment to another. The employer's
4		account, however, shall not be charged for any benefits
5		paid out to the individual who leaves work under a
6		circumstance described in this paragraph.
7		C. Within 90 days of the effective date of this amendatory
8		Act of the 96th General Assembly, the Department shall
9		promulgate rules, pursuant to the Illinois Administrative
10		Procedure Act and consistent with Section 903(f)(3)(B) of the
11		Social Security Act, to clarify and provide guidance regarding
12		eligibility and the prevention of fraud.
13		(Source: P.A. 95-736, eff. 7-16-08; 96-30, eff. 6-30-09.)
14		Section 9999. Effective date. This Act takes effect upon
15		becoming law.
HB4049 Engrossed - 2078 - LRB099 03667 KTG 23678 b 1 INDEX 2 Statutes amended in order of appearance 3 5 ILCS 70/1.37 4 5 ILCS 70/1.38 5 5 ILCS 70/1.40 new 6 5 ILCS 70/1.41 new 7 5 ILCS 70/1.42 new 8 5 ILCS 100/5-45 from Ch. 127, par. 1005-45 9 5 ILCS 100/5-146 10 5 ILCS 100/5-147 11 5 ILCS 100/5-148 new 12 5 ILCS 315/3 from Ch. 48, par. 1603 13 5 ILCS 340/3 from Ch. 15, par. 503 14 5 ILCS 345/1 from Ch. 70, par. 91 15 5 ILCS 375/3 from Ch. 127, par. 523 16 5 ILCS 410/5 17 5 ILCS 410/15 18 5 ILCS 510/0.01 from Ch. 1, par. 3700 19 10 ILCS 5/1-3 from Ch. 46, par. 1-3 20 10 ILCS 5/1-10 21 10 ILCS 5/4-6 from Ch. 46, par. 4-6 22 10 ILCS 5/4-8.01 from Ch. 46, par. 4-8.01 23 10 ILCS 5/4-8.02 from Ch. 46, par. 4-8.02 24 10 ILCS 5/5-5 from Ch. 46, par. 5-5 25 10 ILCS 5/5-7.01 from Ch. 46, par. 5-7.01 HB4049 Engrossed - 2079 - LRB099 03667 KTG 23678 b 1 10 ILCS 5/5-7.02 from Ch. 46, par. 5-7.02 2 10 ILCS 5/6-29 from Ch. 46, par. 6-29 3 10 ILCS 5/6-35.01 from Ch. 46, par. 6-35.01 4 10 ILCS 5/6-35.02 from Ch. 46, par. 6-35.02 5 10 ILCS 5/6-50 from Ch. 46, par. 6-50 6 10 ILCS 5/7-15 from Ch. 46, par. 7-15 7 10 ILCS 5/11-4.1 from Ch. 46, par. 11-4.1 8 10 ILCS 5/11-4.2 from Ch. 46, par. 11-4.2 9 10 ILCS 5/11-4.3 from Ch. 46, par. 11-4.3 10 10 ILCS 5/12-1 from Ch. 46, par. 12-1 11 10 ILCS 5/17-13 from Ch. 46, par. 17-13 12 10 ILCS 5/17-14 from Ch. 46, par. 17-14 13 10 ILCS 5/17-17 from Ch. 46, par. 17-17 14 10 ILCS 5/18-5.1 from Ch. 46, par. 18-5.1 15 10 ILCS 5/19-5 from Ch. 46, par. 19-5 16 10 ILCS 5/19-12.1 from Ch. 46, par. 19-12.1 17 10 ILCS 5/19A-21 18 10 ILCS 5/19A-40 19 10 ILCS 5/24-9 from Ch. 46, par. 24-9 20 10 ILCS 5/24C-11 21 15 ILCS 20/50-10 was 15 ILCS 20/38.1 22 15 ILCS 210/1 from Ch. 14, par. 9 23 15 ILCS 310/18a from Ch. 124, par. 118a 24 15 ILCS 310/18b from Ch. 124, par. 118b 25 15 ILCS 310/18c from Ch. 124, par. 118c 26 15 ILCS 320/18 from Ch. 128, par. 118 HB4049 Engrossed - 2080 - LRB099 03667 KTG 23678 b 1 15 ILCS 323/5 2 15 ILCS 323/10 3 15 ILCS 323/15 4 15 ILCS 335/2 from Ch. 124, par. 22 5 15 ILCS 335/4 from Ch. 124, par. 24 6 15 ILCS 335/4A from Ch. 124, par. 24A 7 15 ILCS 335/13 from Ch. 124, par. 33 8 15 ILCS 405/10.05 from Ch. 15, par. 210.05 9 15 ILCS 405/23.9 10 15 ILCS 410/18a from Ch. 15, par. 454 11 15 ILCS 410/18b from Ch. 15, par. 455 12 15 ILCS 505/16.5 13 20 ILCS 5/5-550 was 20 ILCS 5/6.23 14 20 ILCS 40/10 15 20 ILCS 105/4.02 from Ch. 23, par. 6104.02 16 20 ILCS 105/4.03 from Ch. 23, par. 6104.03 17 20 ILCS 105/4.15 18 20 ILCS 235/15 19 20 ILCS 301/30-5 20 20 ILCS 405/405-300 was 20 ILCS 405/67.02 21 20 ILCS 430/2 from Ch. 127, par. 176d2 22 20 ILCS 505/5 from Ch. 23, par. 5005 23 20 ILCS 505/7 from Ch. 23, par. 5007 24 20 ILCS 505/12.1 from Ch. 23, par. 5012.1 25 20 ILCS 505/12.2 from Ch. 23, par. 5012.2 26 20 ILCS 655/9.2 from Ch. 67 1/2, par. 615 HB4049 Engrossed - 2081 - LRB099 03667 KTG 23678 b 1 20 ILCS 805/805-305 was 20 ILCS 805/63a23 2 20 ILCS 835/4a from Ch. 105, par. 468.1 3 20 ILCS 862/34 4 20 ILCS 1005/1005-155 5 20 ILCS 1305/1-17 6 20 ILCS 1305/10-40 7 20 ILCS 1510/50 8 20 ILCS 1705/2 from Ch. 91 1/2, par. 100-2 9 20 ILCS 1705/4 from Ch. 91 1/2, par. 100-4 10 20 ILCS 1705/7 from Ch. 91 1/2, par. 100-7 11 20 ILCS 1705/7.2 from Ch. 91 1/2, par. 100-7.2 12 20 ILCS 1705/11.2 from Ch. 91 1/2, par. 100-11.2 13 20 ILCS 1705/14 from Ch. 91 1/2, par. 100-14 14 20 ILCS 1705/15b from Ch. 91 1/2, par. 100-15b 15 20 ILCS 1705/15.4 16 20 ILCS 1705/18.2 from Ch. 91 1/2, par. 100-18.2 17 20 ILCS 1705/21.2 from Ch. 91 1/2, par. 100-21.2 18 20 ILCS 1705/33.3 from Ch. 91 1/2, par. 100-33.3 19 20 ILCS 1705/43 from Ch. 91 1/2, par. 100-43 20 20 ILCS 1705/46 from Ch. 91 1/2, par. 100-46 21 20 ILCS 1705/54.5 22 20 ILCS 1705/66 from Ch. 91 1/2, par. 100-66 23 20 ILCS 1805/28.6 24 20 ILCS 1805/52 from Ch. 129, par. 220.52 25 20 ILCS 1815/16 from Ch. 129, par. 244 26 20 ILCS 1920/2.08 from Ch. 96 1/2, par. 8002.08 HB4049 Engrossed - 2082 - LRB099 03667 KTG 23678 b 1 20 ILCS 2305/4 from Ch. 111 1/2, par. 22.02 2 20 ILCS 2310/2310-680 3 20 ILCS 2405/0.01 from Ch. 23, par. 3429 4 20 ILCS 2405/3 from Ch. 23, par. 3434 5 20 ILCS 2405/5b 6 20 ILCS 2405/10 from Ch. 23, par. 3441 7 20 ILCS 2405/13 from Ch. 23, par. 3444 8 20 ILCS 2407/Act title 9 20 ILCS 2407/52 10 20 ILCS 2410/7 from Ch. 23, par. 3417 11 20 ILCS 2421/25 12 20 ILCS 2705/2705-305 13 20 ILCS 2705/2705-310 14 20 ILCS 2705/2705-321 15 20 ILCS 2805/2.01 from Ch. 126 1/2, par. 67.01 16 20 ILCS 2805/5 from Ch. 126 1/2, par. 70 17 20 ILCS 3805/13 from Ch. 67 1/2, par. 313 18 20 ILCS 3855/1-127 19 20 ILCS 3955/Act title 20 20 ILCS 3955/2 from Ch. 91 1/2, par. 702 21 30 ILCS 105/5.779 22 30 ILCS 105/6z-71 23 30 ILCS 105/6z-83 24 30 ILCS 105/6z-95 25 30 ILCS 105/8.8 from Ch. 127, par. 144.8 26 30 ILCS 230/1 from Ch. 127, par. 170 HB4049 Engrossed - 2083 - LRB099 03667 KTG 23678 b 1 30 ILCS 330/3 from Ch. 127, par. 653 2 30 ILCS 420/3 from Ch. 127, par. 753 3 30 ILCS 500/25-60 4 30 ILCS 575/2 5 30 ILCS 608/5-10 6 30 ILCS 740/2-5.1 7 30 ILCS 740/2-15.2 8 30 ILCS 740/2-15.3 9 30 ILCS 750/9-4.3 from Ch. 127, par. 2709-4.3 10 35 ILCS 5/507XX 11 35 ILCS 5/917 from Ch. 120, par. 9-917 12 35 ILCS 105/3-8 13 35 ILCS 105/3-10 14 35 ILCS 110/3-8 15 35 ILCS 110/3-10 from Ch. 120, par. 439.33-10 16 35 ILCS 115/3-8 17 35 ILCS 115/3-10 from Ch. 120, par. 439.103-10 18 35 ILCS 120/2-9 19 35 ILCS 120/2-10 20 35 ILCS 143/99-99 21 35 ILCS 200/9-275 22 35 ILCS 200/15-10 23 35 ILCS 200/15-86 24 35 ILCS 200/15-165 25 35 ILCS 200/15-168 26 35 ILCS 200/15-169 HB4049 Engrossed - 2084 - LRB099 03667 KTG 23678 b 1 35 ILCS 200/15-172 2 35 ILCS 200/15-175 3 35 ILCS 200/18-185 4 35 ILCS 200/20-15 5 35 ILCS 200/21-27 6 35 ILCS 405/12 from Ch. 120, par. 405A-12 7 35 ILCS 515/7 from Ch. 120, par. 1207 8 35 ILCS 515/7.5 9 50 ILCS 350/15 10 50 ILCS 470/31 11 50 ILCS 750/15.2a from Ch. 134, par. 45.2a 12 55 ILCS 5/5-1006.7 13 55 ILCS 105/Act title 14 55 ILCS 105/1 from Ch. 91 1/2, par. 201 15 55 ILCS 105/1.1 16 55 ILCS 105/1.2 17 60 ILCS 1/30-145 18 60 ILCS 1/Art. 185 heading 19 60 ILCS 1/190-10 20 60 ILCS 1/Art. 225 heading 21 60 ILCS 1/225-5 22 60 ILCS 1/260-5 23 65 ILCS 5/8-3-7a from Ch. 24, par. 8-3-7a 24 65 ILCS 5/10-5-2 from Ch. 24, par. 10-5-2 25 65 ILCS 5/11-11.1-1 from Ch. 24, par. 11-11.1-1 26 65 ILCS 5/11-20-14 HB4049 Engrossed - 2085 - LRB099 03667 KTG 23678 b 1 65 ILCS 5/11-74.3-6 2 65 ILCS 5/11-95-13 from Ch. 24, par. 11-95-13 3 65 ILCS 5/11-95-14 from Ch. 24, par. 11-95-14 4 70 ILCS 750/25 5 70 ILCS 805/6 from Ch. 96 1/2, par. 6309 6 70 ILCS 810/8 from Ch. 96 1/2, par. 6411 7 70 ILCS 1205/5-8 from Ch. 105, par. 5-8 8 70 ILCS 1205/5-10 from Ch. 105, par. 5-10 9 70 ILCS 1205/8-10a from Ch. 105, par. 8-10.1 10 70 ILCS 1205/8-10b from Ch. 105, par. 8-10.2 11 70 ILCS 1505/7.06 12 70 ILCS 1605/15 13 70 ILCS 1750/10 14 70 ILCS 2605/9.6d 15 70 ILCS 3605/27a from Ch. 111 2/3, par. 327a 16 70 ILCS 3605/28 from Ch. 111 2/3, par. 328 17 70 ILCS 3605/28a from Ch. 111 2/3, par. 328a 18 70 ILCS 3605/51 19 70 ILCS 3605/52 20 70 ILCS 3610/8.6 21 70 ILCS 3610/8.7 22 70 ILCS 3615/1.02 from Ch. 111 2/3, par. 701.02 23 70 ILCS 3615/3A.15 24 70 ILCS 3615/3A.16 25 70 ILCS 3615/3B.14 26 70 ILCS 3615/3B.15 HB4049 Engrossed - 2086 - LRB099 03667 KTG 23678 b 1 105 ILCS 5/2-3.83 from Ch. 122, par. 2-3.83 2 105 ILCS 5/2-3.98 from Ch. 122, par. 2-3.98 3 105 ILCS 5/10-22.11 from Ch. 122, par. 10-22.11 4 105 ILCS 5/10-22.33B 5 105 ILCS 5/14-6.01 from Ch. 122, par. 14-6.01 6 105 ILCS 5/14-7.02 from Ch. 122, par. 14-7.02 7 105 ILCS 5/14-7.03 from Ch. 122, par. 14-7.03 8 105 ILCS 5/14-8.01 from Ch. 122, par. 14-8.01 9 105 ILCS 5/14-8.02 from Ch. 122, par. 14-8.02 10 105 ILCS 5/14-8.04 from Ch. 122, par. 14-8.04 11 105 ILCS 5/14-11.01 from Ch. 122, par. 14-11.01 12 105 ILCS 5/17-2.11 from Ch. 122, par. 17-2.11 13 105 ILCS 5/19-1 14 105 ILCS 5/21B-20 15 105 ILCS 5/30-14.2 from Ch. 122, par. 30-14.2 16 105 ILCS 5/34-2.4 from Ch. 122, par. 34-2.4 17 105 ILCS 5/34-18 from Ch. 122, par. 34-18 18 105 ILCS 5/34-128 from Ch. 122, par. 34-128 19 110 ILCS 70/36d from Ch. 24 1/2, par. 38b3 20 110 ILCS 70/36s from Ch. 24 1/2, par. 38b18 21 110 ILCS 205/9.16 from Ch. 144, par. 189.16 22 110 ILCS 305/9 from Ch. 144, par. 30 23 110 ILCS 330/6 from Ch. 23, par. 1376 24 110 ILCS 345/1 from Ch. 144, par. 67.1 25 110 ILCS 345/3 from Ch. 144, par. 67.3 26 110 ILCS 805/3-20.3.01 from Ch. 122, par. 103-20.3.01 HB4049 Engrossed - 2087 - LRB099 03667 KTG 23678 b 1 110 ILCS 805/3-49 from Ch. 122, par. 103-49 2 110 ILCS 947/50 3 110 ILCS 947/52 4 110 ILCS 947/55 5 110 ILCS 947/60 6 110 ILCS 947/65.15 7 110 ILCS 947/65.70 8 110 ILCS 947/105 9 110 ILCS 967/15-30 10 110 ILCS 990/1 from Ch. 144, par. 1801 11 205 ILCS 5/48.1 from Ch. 17, par. 360 12 205 ILCS 205/4013 from Ch. 17, par. 7304-13 13 205 ILCS 305/10 from Ch. 17, par. 4411 14 210 ILCS 9/75 15 210 ILCS 30/6 from Ch. 111 1/2, par. 4166 16 210 ILCS 45/2-202 from Ch. 111 1/2, par. 4152-202 17 210 ILCS 45/3-807 18 210 ILCS 45/3A-101 19 210 ILCS 47/1-101.05 20 210 ILCS 47/1-113 21 210 ILCS 47/2-202 22 210 ILCS 65/20 from Ch. 111 1/2, par. 9020 23 210 ILCS 85/6.09 from Ch. 111 1/2, par. 147.09 24 210 ILCS 85/6.11 from Ch. 111 1/2, par. 147.11 25 210 ILCS 135/Act title 26 210 ILCS 135/3 from Ch. 91 1/2, par. 1703 HB4049 Engrossed - 2088 - LRB099 03667 KTG 23678 b 1 215 ILCS 5/4 from Ch. 73, par. 616 2 215 ILCS 5/143.24 from Ch. 73, par. 755.24 3 215 ILCS 5/143.24a from Ch. 73, par. 755.24a 4 215 ILCS 5/155.52 from Ch. 73, par. 767.52 5 215 ILCS 5/236 from Ch. 73, par. 848 6 215 ILCS 5/356b from Ch. 73, par. 968b 7 215 ILCS 5/356z.2 8 215 ILCS 5/357.3 from Ch. 73, par. 969.3 9 215 ILCS 5/362a from Ch. 73, par. 974a 10 215 ILCS 5/364 from Ch. 73, par. 976 11 215 ILCS 5/367b from Ch. 73, par. 979b 12 215 ILCS 5/367i from Ch. 73, par. 979i 13 215 ILCS 5/424 from Ch. 73, par. 1031 14 215 ILCS 5/500-50 15 215 ILCS 5/500-60 16 215 ILCS 105/2 from Ch. 73, par. 1302 17 215 ILCS 125/4-9.1 from Ch. 111 1/2, par. 1409.2-1 18 215 ILCS 159/50 19 215 ILCS 165/15a from Ch. 32, par. 609a 20 220 ILCS 5/13-703 from Ch. 111 2/3, par. 13-703 21 220 ILCS 5/16-108.5 22 220 ILCS 10/9 from Ch. 111 2/3, par. 909 23 225 ILCS 10/2.06 from Ch. 23, par. 2212.06 24 225 ILCS 10/2.09 from Ch. 23, par. 2212.09 25 225 ILCS 10/4.2 from Ch. 23, par. 2214.2 26 225 ILCS 10/7 from Ch. 23, par. 2217 HB4049 Engrossed - 2089 - LRB099 03667 KTG 23678 b 1 225 ILCS 25/13 from Ch. 111, par. 2313 2 225 ILCS 46/5 3 225 ILCS 51/10 4 225 ILCS 60/23 from Ch. 111, par. 4400-23 5 225 ILCS 65/65-65 was 225 ILCS 65/15-55 6 225 ILCS 70/17.1 7 225 ILCS 100/26 from Ch. 111, par. 4826 8 225 ILCS 210/2005 from Ch. 96 1/2, par. 1-2005 9 225 ILCS 410/3B-15 10 225 ILCS 454/25-40 11 225 ILCS 460/1 from Ch. 23, par. 5101 12 225 ILCS 460/11 from Ch. 23, par. 5111 13 230 ILCS 5/28 from Ch. 8, par. 37-28 14 230 ILCS 10/6 from Ch. 120, par. 2406 15 230 ILCS 25/1.3 16 305 ILCS 5/4-1.1 from Ch. 23, par. 4-1.1 17 305 ILCS 5/4-1.6 from Ch. 23, par. 4-1.6 18 305 ILCS 5/4-2 from Ch. 23, par. 4-2 19 305 ILCS 5/4-3a from Ch. 23, par. 4-3a 20 305 ILCS 5/5-1 from Ch. 23, par. 5-1 21 305 ILCS 5/5-1.1 from Ch. 23, par. 5-1.1 22 305 ILCS 5/5-2 from Ch. 23, par. 5-2 23 305 ILCS 5/5-4 from Ch. 23, par. 5-4 24 305 ILCS 5/5-5.4f 25 305 ILCS 5/5-5.17 from Ch. 23, par. 5-5.17 26 305 ILCS 5/5-5a from Ch. 23, par. 5-5a HB4049 Engrossed - 2090 - LRB099 03667 KTG 23678 b 1 305 ILCS 5/5-13 from Ch. 23, par. 5-13 2 305 ILCS 5/Art. V-C 3 heading 4 305 ILCS 5/5C-1 from Ch. 23, par. 5C-1 5 305 ILCS 5/5C-2 from Ch. 23, par. 5C-2 6 305 ILCS 5/5C-3 from Ch. 23, par. 5C-3 7 305 ILCS 5/5C-4 from Ch. 23, par. 5C-4 8 305 ILCS 5/5C-5 from Ch. 23, par. 5C-5 9 305 ILCS 5/5C-6 from Ch. 23, par. 5C-6 10 305 ILCS 5/5C-7 from Ch. 23, par. 5C-7 11 305 ILCS 5/5C-8 from Ch. 23, par. 5C-8 12 305 ILCS 5/5C-10 13 305 ILCS 5/6-1.2 from Ch. 23, par. 6-1.2 14 305 ILCS 5/6-2 from Ch. 23, par. 6-2 15 305 ILCS 5/6-11 from Ch. 23, par. 6-11 16 305 ILCS 5/11-20 from Ch. 23, par. 11-20 17 305 ILCS 5/12-4.42 18 305 ILCS 5/12-5 from Ch. 23, par. 12-5 19 305 ILCS 20/6 from Ch. 111 2/3, par. 1406 20 305 ILCS 35/1-2 from Ch. 23, par. 7051-2 21 305 ILCS 42/10 22 310 ILCS 10/8.15 from Ch. 67 1/2, par. 8.15 23 310 ILCS 65/8 from Ch. 67 1/2, par. 1258 24 310 ILCS 75/2 from Ch. 67 1/2, par. 1352 25 310 ILCS 75/3 from Ch. 67 1/2, par. 1353 26 310 ILCS 75/4 from Ch. 67 1/2, par. 1354 HB4049 Engrossed - 2091 - LRB099 03667 KTG 23678 b 1 310 ILCS 95/10 2 310 ILCS 95/20 3 310 ILCS 100/25 4 315 ILCS 5/20 from Ch. 67 1/2, par. 82 5 315 ILCS 25/6 from Ch. 67 1/2, par. 91.13 6 315 ILCS 30/26 from Ch. 67 1/2, par. 91.126 7 320 ILCS 10/Act title 8 320 ILCS 10/1.5 from Ch. 23, par. 6201.5 9 320 ILCS 10/2 from Ch. 23, par. 6202 10 320 ILCS 10/3 from Ch. 23, par. 6203 11 320 ILCS 10/5 from Ch. 23, par. 6205 12 320 ILCS 10/11 from Ch. 23, par. 6211 13 320 ILCS 20/3.5 14 320 ILCS 20/8 from Ch. 23, par. 6608 15 320 ILCS 20/9.5 16 320 ILCS 20/15.5 17 320 ILCS 25/Act title 18 320 ILCS 25/1 from Ch. 67 1/2, par. 401 19 320 ILCS 25/2 from Ch. 67 1/2, par. 402 20 320 ILCS 25/3.14 from Ch. 67 1/2, par. 403.14 21 320 ILCS 25/4 from Ch. 67 1/2, par. 404 22 320 ILCS 25/9 from Ch. 67 1/2, par. 409 23 320 ILCS 30/2 from Ch. 67 1/2, par. 452 24 320 ILCS 30/8 from Ch. 67 1/2, par. 458 25 320 ILCS 50/5 26 320 ILCS 55/30 HB4049 Engrossed - 2092 - LRB099 03667 KTG 23678 b 1 325 ILCS 5/4.4a 2 325 ILCS 5/7.1 from Ch. 23, par. 2057.1 3 325 ILCS 5/11.1 from Ch. 23, par. 2061.1 4 325 ILCS 5/11.5 from Ch. 23, par. 2061.5 5 325 ILCS 5/11.7 from Ch. 23, par. 2061.7 6 325 ILCS 25/1 from Ch. 23, par. 6551 7 330 ILCS 32/20 8 330 ILCS 35/4 from Ch. 126 1/2, par. 57.64 9 330 ILCS 45/6 from Ch. 23, par. 3086 10 330 ILCS 65/Act title 11 330 ILCS 65/0.01 from Ch. 126 1/2, par. 57.90 12 330 ILCS 105/1 from Ch. 126 1/2, par. 26 13 405 ILCS 5/1-106 from Ch. 91 1/2, par. 1-106 14 405 ILCS 5/1-125 from Ch. 91 1/2, par. 1-125 15 405 ILCS 5/2-101 from Ch. 91 1/2, par. 2-101 16 405 ILCS 5/2-108 from Ch. 91 1/2, par. 2-108 17 405 ILCS 5/2-114 from Ch. 91 1/2, par. 2-114 18 405 ILCS 5/3-200 from Ch. 91 1/2, par. 3-200 19 405 ILCS 5/3-400 from Ch. 91 1/2, par. 3-400 20 405 ILCS 5/Ch. IV heading 21 405 ILCS 5/4-201 from Ch. 91 1/2, par. 4-201 22 405 ILCS 5/4-201.1 from Ch. 91 1/2, par. 4-201.1 23 405 ILCS 5/Ch. IV Art. III 24 heading 25 405 ILCS 5/Ch. IV Art. IV 26 heading HB4049 Engrossed - 2093 - LRB099 03667 KTG 23678 b 1 405 ILCS 5/4-400 from Ch. 91 1/2, par. 4-400 2 405 ILCS 5/Ch. IV Art. V 3 heading 4 405 ILCS 5/4-500 from Ch. 91 1/2, par. 4-500 5 405 ILCS 5/4-701 from Ch. 91 1/2, par. 4-701 6 405 ILCS 5/5-105 from Ch. 91 1/2, par. 5-105 7 405 ILCS 5/6-103.1 8 405 ILCS 5/6-103.2 9 405 ILCS 20/Act title 10 405 ILCS 25/Act title 11 405 ILCS 25/2.03 from Ch. 91 1/2, par. 602.03 12 405 ILCS 30/Act title 13 405 ILCS 30/1 from Ch. 91 1/2, par. 901 14 405 ILCS 30/2 from Ch. 91 1/2, par. 902 15 405 ILCS 30/3 from Ch. 91 1/2, par. 903 16 405 ILCS 30/4.4 17 405 ILCS 40/0.01 from Ch. 91 1/2, par. 1150 18 405 ILCS 80/2-1 from Ch. 91 1/2, par. 1802-1 19 405 ILCS 80/2-2 from Ch. 91 1/2, par. 1802-2 20 405 ILCS 80/2-3 from Ch. 91 1/2, par. 1802-3 21 405 ILCS 80/2-4 from Ch. 91 1/2, par. 1802-4 22 405 ILCS 80/2-5 from Ch. 91 1/2, par. 1802-5 23 405 ILCS 80/2-6 from Ch. 91 1/2, par. 1802-6 24 405 ILCS 80/2-8 from Ch. 91 1/2, par. 1802-8 25 405 ILCS 80/2-10 from Ch. 91 1/2, par. 1802-10 26 405 ILCS 80/2-11 from Ch. 91 1/2, par. 1802-11 HB4049 Engrossed - 2094 - LRB099 03667 KTG 23678 b 1 405 ILCS 80/2-16 from Ch. 91 1/2, par. 1802-16 2 405 ILCS 80/3-1 from Ch. 91 1/2, par. 1803-1 3 405 ILCS 80/3-2 from Ch. 91 1/2, par. 1803-2 4 405 ILCS 80/3-3 from Ch. 91 1/2, par. 1803-3 5 405 ILCS 80/3-4 from Ch. 91 1/2, par. 1803-4 6 405 ILCS 80/3-9.1 from Ch. 91 1/2, par. 1803-9.1 7 405 ILCS 80/3-11 from Ch. 91 1/2, par. 1803-11 8 405 ILCS 80/4-1 from Ch. 91 1/2, par. 1804-1 9 405 ILCS 80/5-1 from Ch. 91 1/2, par. 1805-1 10 405 ILCS 82/5 11 405 ILCS 82/15 12 405 ILCS 82/40 13 405 ILCS 85/3 from Ch. 91 1/2, par. 2003 14 410 ILCS 30/1 from Ch. 111 1/2, par. 3901 15 410 ILCS 205/3 from Ch. 23, par. 2333 16 410 ILCS 205/7 from Ch. 23, par. 2337 17 410 ILCS 250/1 from Ch. 111 1/2, par. 2101 18 410 ILCS 250/2 from Ch. 111 1/2, par. 2102 19 410 ILCS 250/3 from Ch. 111 1/2, par. 2103 20 410 ILCS 250/11 from Ch. 111 1/2, par. 2111 21 425 ILCS 65/9 from Ch. 127 1/2, par. 709 22 430 ILCS 40/4 from Ch. 111 1/2, par. 294 23 430 ILCS 65/1.1 from Ch. 38, par. 83-1.1 24 430 ILCS 65/4 from Ch. 38, par. 83-4 25 430 ILCS 65/8 from Ch. 38, par. 83-8 26 430 ILCS 65/8.1 from Ch. 38, par. 83-8.1 HB4049 Engrossed - 2095 - LRB099 03667 KTG 23678 b 1 430 ILCS 130/10 2 430 ILCS 130/15 3 430 ILCS 132/15 4 510 ILCS 5/15 from Ch. 8, par. 365 5 510 ILCS 5/15.1 6 510 ILCS 70/2.01c 7 510 ILCS 70/7.15 8 515 ILCS 5/15-5 from Ch. 56, par. 15-5 9 515 ILCS 5/20-5 from Ch. 56, par. 20-5 10 520 ILCS 5/2.5 11 520 ILCS 5/2.33 from Ch. 61, par. 2.33 12 520 ILCS 5/3.1 from Ch. 61, par. 3.1 13 625 ILCS 5/3-609 from Ch. 95 1/2, par. 3-609 14 625 ILCS 5/3-611 from Ch. 95 1/2, par. 3-611 15 625 ILCS 5/3-616 from Ch. 95 1/2, par. 3-616 16 625 ILCS 5/3-623 from Ch. 95 1/2, par. 3-623 17 625 ILCS 5/3-626 18 625 ILCS 5/3-667 19 625 ILCS 5/3-683 20 625 ILCS 5/3-806.3 from Ch. 95 1/2, par. 3-806.3 21 625 ILCS 5/6-205 22 625 ILCS 5/6-206 23 625 ILCS 5/11-208 from Ch. 95 1/2, par. 11-208 24 625 ILCS 5/11-209 from Ch. 95 1/2, par. 11-209 25 625 ILCS 5/11-501.7 from Ch. 95 1/2, par. 11-501.7 26 625 ILCS 5/11-1301.1 from Ch. 95 1/2, par. 11-1301.1 HB4049 Engrossed - 2096 - LRB099 03667 KTG 23678 b 1 625 ILCS 5/11-1301.2 from Ch. 95 1/2, par. 11-1301.2 2 625 ILCS 5/11-1301.3 from Ch. 95 1/2, par. 11-1301.3 3 625 ILCS 5/11-1301.4 from Ch. 95 1/2, par. 11-1301.4 4 625 ILCS 5/11-1301.5 5 625 ILCS 5/11-1301.6 6 625 ILCS 5/11-1301.7 7 625 ILCS 5/12-401 from Ch. 95 1/2, par. 12-401 8 625 ILCS 45/3A-15 from Ch. 95 1/2, par. 313A-15 9 705 ILCS 405/2-3 from Ch. 37, par. 802-3 10 720 ILCS 5/2-10.1 from Ch. 38, par. 2-10.1 11 720 ILCS 5/2-15a from Ch. 38, par. 2-15a 12 720 ILCS 5/9-1 from Ch. 38, par. 9-1 13 720 ILCS 5/10-1 from Ch. 38, par. 10-1 14 720 ILCS 5/10-2 from Ch. 38, par. 10-2 15 720 ILCS 5/10-5 from Ch. 38, par. 10-5 16 720 ILCS 5/11-1.30 was 720 ILCS 5/12-14 17 720 ILCS 5/11-1.60 was 720 ILCS 5/12-16 18 720 ILCS 5/11-14.1 19 720 ILCS 5/11-14.4 20 720 ILCS 5/11-18.1 from Ch. 38, par. 11-18.1 21 720 ILCS 5/11-20.1 from Ch. 38, par. 11-20.1 22 720 ILCS 5/12-0.1 23 720 ILCS 5/12-2 from Ch. 38, par. 12-2 24 720 ILCS 5/12-3.05 was 720 ILCS 5/12-4 25 720 ILCS 5/12C-10 was 720 ILCS 5/12-21.5 26 720 ILCS 5/16-30 HB4049 Engrossed - 2097 - LRB099 03667 KTG 23678 b 1 720 ILCS 5/17-2 from Ch. 38, par. 17-2 2 720 ILCS 5/17-6 from Ch. 38, par. 17-6 3 720 ILCS 5/17-6.5 4 720 ILCS 5/17-10.2 was 720 ILCS 5/17-29 5 720 ILCS 5/18-1 from Ch. 38, par. 18-1 6 720 ILCS 5/18-4 7 720 ILCS 5/24-3 from Ch. 38, par. 24-3 8 720 ILCS 5/24-3.1 from Ch. 38, par. 24-3.1 9 720 ILCS 5/48-10 10 720 ILCS 590/1 from Ch. 38, par. 70-51 11 725 ILCS 5/102-23 12 725 ILCS 5/Art. 106B 13 heading 14 725 ILCS 5/106B-5 15 725 ILCS 5/110-5 from Ch. 38, par. 110-5 16 725 ILCS 5/114-15 17 725 ILCS 5/115-10 from Ch. 38, par. 115-10 18 725 ILCS 5/122-2.2 19 725 ILCS 120/3 from Ch. 38, par. 1403 20 725 ILCS 207/90 21 725 ILCS 210/4.10 from Ch. 14, par. 204.10 22 730 ILCS 5/3-12-16 23 730 ILCS 5/5-1-8 from Ch. 38, par. 1005-1-8 24 730 ILCS 5/5-1-13 from Ch. 38, par. 1005-1-13 25 730 ILCS 5/5-5-3 from Ch. 38, par. 1005-5-3 26 730 ILCS 5/5-5-3.1 from Ch. 38, par. 1005-5-3.1 HB4049 Engrossed - 2098 - LRB099 03667 KTG 23678 b 1 730 ILCS 5/5-5-3.2 2 730 ILCS 5/5-6-3 from Ch. 38, par. 1005-6-3 3 730 ILCS 5/5-6-3.1 from Ch. 38, par. 1005-6-3.1 4 730 ILCS 5/5-7-1 from Ch. 38, par. 1005-7-1 5 735 ILCS 5/13-114 from Ch. 110, par. 13-114 6 740 ILCS 45/6.1 from Ch. 70, par. 76.1 7 740 ILCS 110/4 from Ch. 91 1/2, par. 804 8 740 ILCS 110/12 from Ch. 91 1/2, par. 812 9 745 ILCS 80/1 from Ch. 70, par. 701 10 740 ILCS 128/10 11 750 ILCS 5/216 from Ch. 40, par. 216 12 750 ILCS 5/513 from Ch. 40, par. 513 13 750 ILCS 5/601 from Ch. 40, par. 601 14 750 ILCS 5/607 from Ch. 40, par. 607 15 750 ILCS 50/12 from Ch. 40, par. 1514 16 750 ILCS 61/15 17 750 ILCS 70/10 18 755 ILCS 5/1-2.17 from Ch. 110 1/2, par. 1-2.17 19 755 ILCS 5/1-2.23 20 755 ILCS 5/1-2.24 21 755 ILCS 5/2-6.2 22 755 ILCS 5/2-6.6 23 755 ILCS 5/6-2 from Ch. 110 1/2, par. 6-2 24 755 ILCS 5/6-6 from Ch. 110 1/2, par. 6-6 25 755 ILCS 5/6-10 from Ch. 110 1/2, par. 6-10 26 755 ILCS 5/6-12 from Ch. 110 1/2, par. 6-12 HB4049 Engrossed - 2099 - LRB099 03667 KTG 23678 b 1 755 ILCS 5/6-13 from Ch. 110 1/2, par. 6-13 2 755 ILCS 5/6-20 from Ch. 110 1/2, par. 6-20 3 755 ILCS 5/9-1 from Ch. 110 1/2, par. 9-1 4 755 ILCS 5/9-3 from Ch. 110 1/2, par. 9-3 5 755 ILCS 5/9-4 from Ch. 110 1/2, par. 9-4 6 755 ILCS 5/9-5 from Ch. 110 1/2, par. 9-5 7 755 ILCS 5/9-6 from Ch. 110 1/2, par. 9-6 8 755 ILCS 5/9-8 from Ch. 110 1/2, par. 9-8 9 755 ILCS 5/11-3 from Ch. 110 1/2, par. 11-3 10 755 ILCS 5/Art. XIa 11 heading 12 755 ILCS 5/11a-1 from Ch. 110 1/2, par. 11a-1 13 755 ILCS 5/11a-2 from Ch. 110 1/2, par. 11a-2 14 755 ILCS 5/11a-3 from Ch. 110 1/2, par. 11a-3 15 755 ILCS 5/11a-3.1 16 755 ILCS 5/11a-3.2 17 755 ILCS 5/11a-4 from Ch. 110 1/2, par. 11a-4 18 755 ILCS 5/11a-5 from Ch. 110 1/2, par. 11a-5 19 755 ILCS 5/11a-6 from Ch. 110 1/2, par. 11a-6 20 755 ILCS 5/11a-8 from Ch. 110 1/2, par. 11a-8 21 755 ILCS 5/11a-8.1 22 755 ILCS 5/11a-10 from Ch. 110 1/2, par. 11a-10 23 755 ILCS 5/11a-10.2 24 755 ILCS 5/11a-11 from Ch. 110 1/2, par. 11a-11 25 755 ILCS 5/11a-12 from Ch. 110 1/2, par. 11a-12 26 755 ILCS 5/11a-13 from Ch. 110 1/2, par. 11a-13 HB4049 Engrossed - 2100 - LRB099 03667 KTG 23678 b 1 755 ILCS 5/11a-16 from Ch. 110 1/2, par. 11a-16 2 755 ILCS 5/11a-17 from Ch. 110 1/2, par. 11a-17 3 755 ILCS 5/11a-18 from Ch. 110 1/2, par. 11a-18 4 755 ILCS 5/11a-18.1 from Ch. 110 1/2, par. 11a-18.1 5 755 ILCS 5/11a-18.2 6 755 ILCS 5/11a-18.3 7 755 ILCS 5/11a-20 from Ch. 110 1/2, par. 11a-20 8 755 ILCS 5/11a-22 from Ch. 110 1/2, par. 11a-22 9 755 ILCS 5/11a-24 10 755 ILCS 5/12-2 from Ch. 110 1/2, par. 12-2 11 755 ILCS 5/12-4 from Ch. 110 1/2, par. 12-4 12 755 ILCS 5/13-2 from Ch. 110 1/2, par. 13-2 13 755 ILCS 5/13-3.1 from Ch. 110 1/2, par. 13-3.1 14 755 ILCS 5/13-5 from Ch. 110 1/2, par. 13-5 15 755 ILCS 5/18-1.1 from Ch. 110 1/2, par. 18-1.1 16 755 ILCS 5/18-8 from Ch. 110 1/2, par. 18-8 17 755 ILCS 5/23-2 from Ch. 110 1/2, par. 23-2 18 755 ILCS 5/26-3 19 755 ILCS 5/28-2 from Ch. 110 1/2, par. 28-2 20 755 ILCS 5/28-3 from Ch. 110 1/2, par. 28-3 21 755 ILCS 5/28-10 from Ch. 110 1/2, par. 28-10 22 755 ILCS 45/2-3 from Ch. 110 1/2, par. 802-3 23 755 ILCS 45/2-6 from Ch. 110 1/2, par. 802-6 24 755 ILCS 45/3-3 from Ch. 110 1/2, par. 803-3 25 755 ILCS 45/4-1 from Ch. 110 1/2, par. 804-1 26 760 ILCS 5/15 from Ch. 17, par. 1685 HB4049 Engrossed - 2101 - LRB099 03667 KTG 23678 b 1 760 ILCS 5/15.1 from Ch. 17, par. 1685.1 2 760 ILCS 5/16.1 3 760 ILCS 5/16.4 4 760 ILCS 20/19 from Ch. 110 1/2, par. 269 5 760 ILCS 55/7.5 6 765 ILCS 101/1-25 7 765 ILCS 605/18.4 from Ch. 30, par. 318.4 8 765 ILCS 925/4 from Ch. 67 1/2, par. 904 9 775 ILCS 5/3-104.1 from Ch. 68, par. 3-104.1 10 775 ILCS 10/4 from Ch. 29, par. 20 11 775 ILCS 10/8 from Ch. 29, par. 24 12 775 ILCS 20/1 from Ch. 29, par. 24a 13 775 ILCS 20/3 from Ch. 29, par. 24c 14 775 ILCS 20/7 from Ch. 29, par. 24g 15 775 ILCS 30/Act title 16 775 ILCS 30/2 from Ch. 23, par. 3362 17 775 ILCS 30/3 from Ch. 23, par. 3363 18 775 ILCS 30/4 from Ch. 23, par. 3364 19 775 ILCS 30/5 from Ch. 23, par. 3365 20 775 ILCS 30/6 from Ch. 23, par. 3366 21 755 ILCS 65/10 22 815 ILCS 140/1b from Ch. 17, par. 6003 23 815 ILCS 365/2 from Ch. 121 1/2, par. 1502 24 815 ILCS 505/2FF 25 815 ILCS 505/2MM 26 815 ILCS 515/5 from Ch. 121 1/2, par. 1605 HB4049 Engrossed - 2102 - LRB099 03667 KTG 23678 b