HB6793 93RD GENERAL ASSEMBLY

LRB093 15492 EFG 41096 b

93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004
HB6793

Introduced 2/9/2004, by Rep. George Scully, Jr.

SYNOPSIS AS INTRODUCED:

See Index

Creates the First 2004 General Revisory Act. Combines multiple versions of Sections amended by more than one Public Act. Renumbers Sections of various Acts to eliminate duplication. Corrects obsolete cross-references and technical errors. Makes stylistic changes. Effective immediately.

PENSION IMPACT NOTE ACT MAY APPLY

A BILL FOR

AN ACT to revise the law by combining multiple enactments and making technical corrections.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

20		Section 10. The Illinois Administrative Procedure Act is
21		amended by changing Sections 1-5 and 1-20 as follows:
22		(5 ILCS 100/1-5) (from Ch. 127, par. 1001-5)
23		Sec. 1-5. Applicability.
24		(a) This Act applies to every agency as defined in this
25		Act. Beginning January 1, 1978, in case of conflict between the
26		provisions of this Act and the Act creating or conferring power
27		on an agency, this Act shall control. If, however, an agency
28		(or its predecessor in the case of an agency that has been
29		consolidated or reorganized) has existing procedures on July 1,
30		1977, specifically for contested cases or licensing, those
31		existing provisions control, except that this exception
32		respecting contested cases and licensing does not apply if the
33		Act creating or conferring power on the agency adopts by

1		express reference the provisions of this Act. Where the Act
2		creating or conferring power on an agency establishes
3		administrative procedures not covered by this Act, those
4		procedures shall remain in effect.
5		(b) The provisions of this Act do not apply to (i)
6		preliminary hearings, investigations, or practices where no
7		final determinations affecting State funding are made by the
8		State Board of Education, (ii) legal opinions issued under
9		Section 2-3.7 of the School Code, (iii) as to State colleges
10		and universities, their disciplinary and grievance
11		proceedings, academic irregularity and capricious grading
12		proceedings, and admission standards and procedures, and (iv)
13		the class specifications for positions and individual position
14		descriptions prepared and maintained under the Personnel Code.
15		Those class specifications shall, however, be made reasonably
16		available to the public for inspection and copying. The
17		provisions of this Act do not apply to hearings under Section
18		20 of the Uniform Disposition of Unclaimed Property Act.
19		(c) Section 5-35 of this Act relating to procedures for
20		rulemaking does not apply to the following:
21		(1) Rules adopted by the Pollution Control Board that,
22		in accordance with Section 7.2 of the Environmental
23		Protection Act, are identical in substance to federal
24		regulations or amendments to those regulations
25		implementing the following: Sections 3001, 3002, 3003,
26		3004, 3005, and 9003 of the Solid Waste Disposal Act;
27		Section 105 of the Comprehensive Environmental Response,
28		Compensation, and Liability Act of 1980; Sections 307(b),
29		307(c), 307(d), 402(b)(8), and 402(b)(9) of the Federal
30		Water Pollution Control Act; and Sections 1412(b),
31		1414(c), 1417(a), 1421, and 1445(a) of the Safe Drinking
32		Water Act.
33		(2) Rules adopted by the Pollution Control Board that
34		establish or amend standards for the emission of
35		hydrocarbons and carbon monoxide from gasoline powered
36		motor vehicles subject to inspection under Section 13A-105

1		of the Vehicle Emissions Inspection Law and rules adopted
2		under Section 13B-20 of the Vehicle Emissions Inspection
3		Law of 1995.
4		(3) Procedural rules adopted by the Pollution Control
5		Board governing requests for exceptions under Section 14.2
6		of the Environmental Protection Act.
7		(4) The Pollution Control Board's grant, pursuant to an
8		adjudicatory determination, of an adjusted standard for
9		persons who can justify an adjustment consistent with
10		subsection (a) of Section 27 of the Environmental
11		Protection Act.
12		(5) Rules adopted by the Pollution Control Board that
13		are identical in substance to the regulations adopted by
14		the Office of the State Fire Marshal under clause (ii) of
15		paragraph (b) of subsection (3) of Section 2 of the
16		Gasoline Storage Act.
17		(d) Pay rates established under Section 8a of the Personnel
18		Code shall be amended or repealed pursuant to the process set
19		forth in Section 5-50 within 30 days after it becomes necessary
20		to do so due to a conflict between the rates and the terms of a
21		collective bargaining agreement covering the compensation of
22		an employee subject to that Code.
23		(e) Section 10-45 of this Act shall not apply to any
24		hearing, proceeding, or investigation conducted under Section
25		13-515 of the Public Utilities Act.
26		(f) Article 10 of this Act does not apply to any hearing,
27		proceeding, or investigation conducted by the State Council for
28		the State of Illinois created under Section 3-3-11.05 of the
29		Unified Code of Corrections or by the Interstate Commission
30		Commision for Adult Offender Supervision created under the
31		Interstate Compact for Adult Offender Supervision.
32		(Source: P.A. 92-571, eff. 6-26-02; revised 7-25-02.)
33		(5 ILCS 100/1-20) (from Ch. 127, par. 1001-20)
34		Sec. 1-20. "Agency" means each officer, board, commission,
35		and agency created by the Constitution, whether in the

1		executive, legislative, or judicial branch of State
2		government, but other than the circuit court; each officer,
3		department, board, commission, agency, institution, authority,
4		university, and body politic and corporate of the State; each
5		administrative unit or corporate outgrowth of the State
6		government that is created by or pursuant to statute, other
7		than units of local government and their officers, school
8		districts, and boards of election commissioners; and each
9		administrative unit or corporate outgrowth of the above and as
10		may be created by executive order of the Governor. "Agency",
11		however, does not include the following:
12		(1) The House of Representatives and Senate and their
13		respective standing and service committees, including
14		without limitation the Board of the Office of the Architect
15		of the Capitol and the Architect of the Capitol established
16		under the Legislative Commission Reorganization Act of
17		1984.
18		(2) The Governor.
19		(3) The justices and judges of the Supreme and
20		Appellate Courts.
21		(4) The Legislative Ethics Commission.
22		(Source: P.A. 93-617, eff. 12-9-03; 93-632, eff. 2-1-04;
23		revised 1-9-04.)

09

1		Section 5. The Regulatory Sunset Act is amended by changing
2		Sections 4.22, 4.23, and 4.24 as follows:
3		(5 ILCS 80/4.22)
4		Sec. 4.22. Acts Act repealed on January 1, 2012. The
5		following Acts are Act is repealed on January 1, 2012:
6		The Detection of Deception Examiners Act.
7		The Home Inspector License Act.
8		The Interior Design Title Act.
9		The Massage Licensing Act.
10		The Petroleum Equipment Contractors Licensing Act.
11		The Professional Boxing Act.
12		The Real Estate Appraiser Licensing Act of 2002.
13		The Water Well and Pump Installation Contractor's License
14		Act.
15		(Source: P.A. 92-104, eff. 7-20-01; 92-180, eff. 7-1-02;
16		92-239, eff. 8-3-01; 92-453, eff. 8-21-01; 92-499, eff. 1-1-02;
17		92-500, eff. 12-18-01; 92-618, eff. 7-11-02; 92-651, eff.
18		7-11-02; 92-860, eff. 6-1-03; revised 1-18-03.)
19		(5 ILCS 80/4.23)
20		Sec. 4.23. Acts and Sections Act Section repealed on
21		January 1, 2013. The following Acts and Sections of Acts are
22		Act Section is repealed on January 1, 2013:
23		The Dietetic and Nutrition Services Practice Act.
24		The Elevator Safety and Regulation Act.
25		The Funeral Directors and Embalmers Licensing Code.
26		The Naprapathic Practice Act.
27		The Professional Counselor and Clinical Professional
28		Counselor Licensing Act.
29		The Wholesale Drug Distribution Licensing Act.
30		Section 2.5 of the Illinois Plumbing License Law.
31		(Source: P.A. 92-586, eff. 6-26-02; 92-641, eff. 7-11-02;
32		92-642, eff. 7-11-02; 92-655, eff. 7-16-02; 92-719, eff.
33		7-25-02; 92-778, eff. 8-6-02; 92-873, eff. 6-1-03; revised

1		1-18-03.)
2		(5 ILCS 80/4.24)
3		(This Section may contain text from a Public Act with a
4		delayed effective date)
5		Sec. 4.24. Acts repealed on January 1, 2014. The following
6		Acts are repealed on January 1, 2014:
7		The Electrologist Licensing Act.
8		The Illinois Certified Shorthand Reporters Act of 1984.
9		The Illinois Occupational Therapy Practice Act.
10		The Illinois Public Accounting Act.
11		The Private Detective, Private Alarm, Private Security,
12		and Locksmith Act of 2004.
13		The Registered Surgical Assistant and Registered Surgical
14		Technologist Title Protection Act.
15		The Veterinary Medicine and Surgery Practice Act of 2004.
16		(Source: P.A. 92-457, eff. 8-21-01; 92-750, eff. 1-1-03;
17		93-280, eff. 7-1-04; 93-281, eff. 12-31-03; 93-438, eff.
18		8-5-03; 93-460, eff. 8-8-03; 93-461, eff. 8-8-03; revised
19		9-23-03.)

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24		Section 15. The Open Meetings Act is amended by changing
25		Section 2 as follows:
26		(5 ILCS 120/2) (from Ch. 102, par. 42)
27		Sec. 2. Open meetings.
28		(a) Openness required. All meetings of public bodies shall
29		be open to the public unless excepted in subsection (c) and
30		closed in accordance with Section 2a.
31		(b) Construction of exceptions. The exceptions contained
32		in subsection (c) are in derogation of the requirement that
33		public bodies meet in the open, and therefore, the exceptions
34		are to be strictly construed, extending only to subjects

1		clearly within their scope. The exceptions authorize but do not
2		require the holding of a closed meeting to discuss a subject
3		included within an enumerated exception.
4		(c) Exceptions. A public body may hold closed meetings to
5		consider the following subjects:
6		(1) The appointment, employment, compensation,
7		discipline, performance, or dismissal of specific
8		employees of the public body or legal counsel for the
9		public body, including hearing testimony on a complaint
10		lodged against an employee of the public body or against
11		legal counsel for the public body to determine its
12		validity.
13		(2) Collective negotiating matters between the public
14		body and its employees or their representatives, or
15		deliberations concerning salary schedules for one or more
16		classes of employees.
17		(3) The selection of a person to fill a public office,
18		as defined in this Act, including a vacancy in a public
19		office, when the public body is given power to appoint
20		under law or ordinance, or the discipline, performance or
21		removal of the occupant of a public office, when the public
22		body is given power to remove the occupant under law or
23		ordinance.
24		(4) Evidence or testimony presented in open hearing, or
25		in closed hearing where specifically authorized by law, to
26		a quasi-adjudicative body, as defined in this Act, provided
27		that the body prepares and makes available for public
28		inspection a written decision setting forth its
29		determinative reasoning.
30		(5) The purchase or lease of real property for the use
31		of the public body, including meetings held for the purpose
32		of discussing whether a particular parcel should be
33		acquired.
34		(6) The setting of a price for sale or lease of
35		property owned by the public body.
36		(7) The sale or purchase of securities, investments, or

1		investment contracts.
2		(8) Security procedures and the use of personnel and
3		equipment to respond to an actual, a threatened, or a
4		reasonably potential danger to the safety of employees,
5		students, staff, the public, or public property.
6		(9) Student disciplinary cases.
7		(10) The placement of individual students in special
8		education programs and other matters relating to
9		individual students.
10		(11) Litigation, when an action against, affecting or
11		on behalf of the particular public body has been filed and
12		is pending before a court or administrative tribunal, or
13		when the public body finds that an action is probable or
14		imminent, in which case the basis for the finding shall be
15		recorded and entered into the minutes of the closed
16		meeting.
17		(12) The establishment of reserves or settlement of
18		claims as provided in the Local Governmental and
19		Governmental Employees Tort Immunity Act, if otherwise the
20		disposition of a claim or potential claim might be
21		prejudiced, or the review or discussion of claims, loss or
22		risk management information, records, data, advice or
23		communications from or with respect to any insurer of the
24		public body or any intergovernmental risk management
25		association or self insurance pool of which the public body
26		is a member.
27		(13) Conciliation of complaints of discrimination in
28		the sale or rental of housing, when closed meetings are
29		authorized by the law or ordinance prescribing fair housing
30		practices and creating a commission or administrative
31		agency for their enforcement.
32		(14) Informant sources, the hiring or assignment of
33		undercover personnel or equipment, or ongoing, prior or
34		future criminal investigations, when discussed by a public
35		body with criminal investigatory responsibilities.
36		(15) Professional ethics or performance when

1		considered by an advisory body appointed to advise a
2		licensing or regulatory agency on matters germane to the
3		advisory body's field of competence.
4		(16) Self evaluation, practices and procedures or
5		professional ethics, when meeting with a representative of
6		a statewide association of which the public body is a
7		member.
8		(17) The recruitment, credentialing, discipline or
9		formal peer review of physicians or other health care
10		professionals for a hospital, or other institution
11		providing medical care, that is operated by the public
12		body.
13		(18) Deliberations for decisions of the Prisoner
14		Review Board.
15		(19) Review or discussion of applications received
16		under the Experimental Organ Transplantation Procedures
17		Act.
18		(20) The classification and discussion of matters
19		classified as confidential or continued confidential by
20		the State Employees Suggestion Award Board.
21		(21) Discussion of minutes of meetings lawfully closed
22		under this Act, whether for purposes of approval by the
23		body of the minutes or semi-annual review of the minutes as
24		mandated by Section 2.06.
25		(22) Deliberations for decisions of the State
26		Emergency Medical Services Disciplinary Review Board.
27		(23) The operation by a municipality of a municipal
28		utility or the operation of a municipal power agency or
29		municipal natural gas agency when the discussion involves
30		(i) contracts relating to the purchase, sale, or delivery
31		of electricity or natural gas or (ii) the results or
32		conclusions of load forecast studies.
33		(24) Meetings of a residential health care facility
34		resident sexual assault and death review team or the
35		Residential Health Care Facility Resident Sexual Assault
36		and Death Review Teams Executive Council under the

1		Residential Health Care Facility Resident Sexual Assault
2		and Death Review Team Act.
3		(d) Definitions. For purposes of this Section:
4		"Employee" means a person employed by a public body whose
5		relationship with the public body constitutes an
6		employer-employee relationship under the usual common law
7		rules, and who is not an independent contractor.
8		"Public office" means a position created by or under the
9		Constitution or laws of this State, the occupant of which is
10		charged with the exercise of some portion of the sovereign
11		power of this State. The term "public office" shall include
12		members of the public body, but it shall not include
13		organizational positions filled by members thereof, whether
14		established by law or by a public body itself, that exist to
15		assist the body in the conduct of its business.
16		"Quasi-adjudicative body" means an administrative body
17		charged by law or ordinance with the responsibility to conduct
18		hearings, receive evidence or testimony and make
19		determinations based thereon, but does not include local
20		electoral boards when such bodies are considering petition
21		challenges.
22		(e) Final action. No final action may be taken at a closed
23		meeting. Final action shall be preceded by a public recital of
24		the nature of the matter being considered and other information
25		that will inform the public of the business being conducted.
26		(Source: P.A. 93-57, eff. 7-1-03; 93-79, eff. 7-2-03; 93-422,
27		eff. 8-5-03; 93-577, eff. 8-21-03; revised 9-8-03)

28		Section 20. The Illinois Public Labor Relations Act is
29		amended by changing Section 9 as follows:
30		(5 ILCS 315/9) (from Ch. 48, par. 1609)
31		Sec. 9. Elections; recognition.
32		(a) Whenever in accordance with such regulations as may be
33		prescribed by the Board a petition has been filed:
34		(1) by a public employee or group of public employees

1		or any labor organization acting in their behalf
2		demonstrating that 30% of the public employees in an
3		appropriate unit (A) wish to be represented for the
4		purposes of collective bargaining by a labor organization
5		as exclusive representative, or (B) asserting that the
6		labor organization which has been certified or is currently
7		recognized by the public employer as bargaining
8		representative is no longer the representative of the
9		majority of public employees in the unit; or
10		(2) by a public employer alleging that one or more
11		labor organizations have presented to it a claim that they
12		be recognized as the representative of a majority of the
13		public employees in an appropriate unit,
14		the Board shall investigate such petition, and if it has
15		reasonable cause to believe that a question of representation
16		exists, shall provide for an appropriate hearing upon due
17		notice. Such hearing shall be held at the offices of the Board
18		or such other location as the Board deems appropriate. If it
19		finds upon the record of the hearing that a question of
20		representation exists, it shall direct an election in
21		accordance with subsection (d) of this Section, which election
22		shall be held not later than 120 days after the date the
23		petition was filed regardless of whether that petition was
24		filed before or after the effective date of this amendatory Act
25		of 1987; provided, however, the Board may extend the time for
26		holding an election by an additional 60 days if, upon motion by
27		a person who has filed a petition under this Section or is the
28		subject of a petition filed under this Section and is a party
29		to such hearing, or upon the Board's own motion, the Board
30		finds that good cause has been shown for extending the election
31		date; provided further, that nothing in this Section shall
32		prohibit the Board, in its discretion, from extending the time
33		for holding an election for so long as may be necessary under
34		the circumstances, where the purpose for such extension is to
35		permit resolution by the Board of an unfair labor practice
36		charge filed by one of the parties to a representational

1		proceeding against the other based upon conduct which may
2		either affect the existence of a question concerning
3		representation or have a tendency to interfere with a fair and
4		free election, where the party filing the charge has not filed
5		a request to proceed with the election; and provided further
6		that prior to the expiration of the total time allotted for
7		holding an election, a person who has filed a petition under
8		this Section or is the subject of a petition filed under this
9		Section and is a party to such hearing or the Board, may move
10		for and obtain the entry of an order in the circuit court of
11		the county in which the majority of the public employees sought
12		to be represented by such person reside, such order extending
13		the date upon which the election shall be held. Such order
14		shall be issued by the circuit court only upon a judicial
15		finding that there has been a sufficient showing that there is
16		good cause to extend the election date beyond such period and
17		shall require the Board to hold the election as soon as is
18		feasible given the totality of the circumstances. Such 120 day
19		period may be extended one or more times by the agreement of
20		all parties to the hearing to a date certain without the
21		necessity of obtaining a court order. Nothing in this Section
22		prohibits the waiving of hearings by stipulation for the
23		purpose of a consent election in conformity with the rules and
24		regulations of the Board or an election in a unit agreed upon
25		by the parties. Other interested employee organizations may
26		intervene in the proceedings in the manner and within the time
27		period specified by rules and regulations of the Board.
28		Interested parties who are necessary to the proceedings may
29		also intervene in the proceedings in the manner and within the
30		time period specified by the rules and regulations of the
31		Board.
32		(a-5) The Board shall designate an exclusive
33		representative for purposes of collective bargaining when the
34		representative demonstrates a showing of majority interest by
35		employees in the unit. If the parties to a dispute are without
36		agreement on the means to ascertain the choice, if any, of

1		employee organization as their representative, the Board shall
2		ascertain the employees' choice of employee organization, on
3		the basis of dues deduction authorization and other evidence,
4		or, if necessary, by conducting an election. If either party
5		provides to the Board, before the designation of a
6		representative, clear and convincing evidence that the dues
7		deduction authorizations, and other evidence upon which the
8		Board would otherwise rely to ascertain the employees' choice
9		of representative, are fraudulent or were obtained through
10		coercion, the Board shall promptly thereafter conduct an
11		election. The Board shall also investigate and consider a
12		party's allegations that the dues deduction authorizations and
13		other evidence submitted in support of a designation of
14		representative without an election were subsequently changed,
15		altered, withdrawn, or withheld as a result of employer fraud,
16		coercion, or any other unfair labor practice by the employer.
17		If the Board determines that a labor organization would have
18		had a majority interest but for an employer's fraud, coercion,
19		or unfair labor practice, it shall designate the labor
20		organization as an exclusive representative without conducting
21		an election.
22		(b) The Board shall decide in each case, in order to assure
23		public employees the fullest freedom in exercising the rights
24		guaranteed by this Act, a unit appropriate for the purpose of
25		collective bargaining, based upon but not limited to such
26		factors as: historical pattern of recognition; community of
27		interest including employee skills and functions; degree of
28		functional integration; interchangeability and contact among
29		employees; fragmentation of employee groups; common
30		supervision, wages, hours and other working conditions of the
31		employees involved; and the desires of the employees. For
32		purposes of this subsection, fragmentation shall not be the
33		sole or predominant factor used by the Board in determining an
34		appropriate bargaining unit. Except with respect to non-State
35		fire fighters and paramedics employed by fire departments and
36		fire protection districts, non-State peace officers and peace

1		officers in the State Department of State Police, a single
2		bargaining unit determined by the Board may not include both
3		supervisors and nonsupervisors, except for bargaining units in
4		existence on the effective date of this Act. With respect to
5		non-State fire fighters and paramedics employed by fire
6		departments and fire protection districts, non-State peace
7		officers and peace officers in the State Department of State
8		Police, a single bargaining unit determined by the Board may
9		not include both supervisors and nonsupervisors, except for
10		bargaining units in existence on the effective date of this
11		amendatory Act of 1985.
12		In cases involving an historical pattern of recognition,
13		and in cases where the employer has recognized the union as the
14		sole and exclusive bargaining agent for a specified existing
15		unit, the Board shall find the employees in the unit then
16		represented by the union pursuant to the recognition to be the
17		appropriate unit.
18		Notwithstanding the above factors, where the majority of
19		public employees of a craft so decide, the Board shall
20		designate such craft as a unit appropriate for the purposes of
21		collective bargaining.
22		The Board shall not decide that any unit is appropriate if
23		such unit includes both professional and nonprofessional
24		employees, unless a majority of each group votes for inclusion
25		in such unit.
26		(c) Nothing in this Act shall interfere with or negate the
27		current representation rights or patterns and practices of
28		labor organizations which have historically represented public
29		employees for the purpose of collective bargaining, including
30		but not limited to the negotiations of wages, hours and working
31		conditions, discussions of employees' grievances, resolution
32		of jurisdictional disputes, or the establishment and
33		maintenance of prevailing wage rates, unless a majority of
34		employees so represented express a contrary desire pursuant to
35		the procedures set forth in this Act.
36		(d) In instances where the employer does not voluntarily

1		recognize a labor organization as the exclusive bargaining
2		representative for a unit of employees, the Board shall
3		determine the majority representative of the public employees
4		in an appropriate collective bargaining unit by conducting a
5		secret ballot election, except as otherwise provided in
6		subsection (a-5). Within 7 days after the Board issues its
7		bargaining unit determination and direction of election or the
8		execution of a stipulation for the purpose of a consent
9		election, the public employer shall submit to the labor
10		organization the complete names and addresses of those
11		employees who are determined by the Board to be eligible to
12		participate in the election. When the Board has determined that
13		a labor organization has been fairly and freely chosen by a
14		majority of employees in an appropriate unit, it shall certify
15		such organization as the exclusive representative. If the Board
16		determines that a majority of employees in an appropriate unit
17		has fairly and freely chosen not to be represented by a labor
18		organization, it shall so certify. The Board may also revoke
19		the certification of the public employee organizations as
20		exclusive bargaining representatives which have been found by a
21		secret ballot election to be no longer the majority
22		representative.
23		(e) The Board shall not conduct an election in any
24		bargaining unit or any subdivision thereof within which a valid
25		election has been held in the preceding 12-month period. The
26		Board shall determine who is eligible to vote in an election
27		and shall establish rules governing the conduct of the election
28		or conduct affecting the results of the election. The Board
29		shall include on a ballot in a representation election a choice
30		of "no representation". A labor organization currently
31		representing the bargaining unit of employees shall be placed
32		on the ballot in any representation election. In any election
33		where none of the choices on the ballot receives a majority, a
34		runoff election shall be conducted between the 2 choices
35		receiving the largest number of valid votes cast in the
36		election. A labor organization which receives a majority of the

1		votes cast in an election shall be certified by the Board as
2		exclusive representative of all public employees in the unit.
3		(f) A labor organization shall be designated as the
4		exclusive representative by a public employer, provided that
5		the labor organization represents a majority of the public
6		employees in an appropriate unit. Any employee organization
7		which is designated or selected by the majority of public
8		employees, in a unit of the public employer having no other
9		recognized or certified representative, as their
10		representative for purposes of collective bargaining may
11		request recognition by the public employer in writing. The
12		public employer shall post such request for a period of at
13		least 20 days following its receipt thereof on bulletin boards
14		or other places used or reserved for employee notices.
15		(g) Within the 20-day period any other interested employee
16		organization may petition the Board in the manner specified by
17		rules and regulations of the Board, provided that such
18		interested employee organization has been designated by at
19		least 10% of the employees in an appropriate bargaining unit
20		which includes all or some of the employees in the unit
21		recognized by the employer. In such event, the Board shall
22		proceed with the petition in the same manner as provided by
23		paragraph (1) of subsection (a) of this Section.
24		(h) No election shall be directed by the Board in any
25		bargaining unit where there is in force a valid collective
26		bargaining agreement. The Board, however, may process an
27		election petition filed between 90 and 60 days prior to the
28		expiration of the date of an agreement, and may further refine,
29		by rule or decision, the implementation of this provision.
30		Where more than 4 years have elapsed since the effective date
31		of the agreement, the agreement shall continue to bar an
32		election, except that the Board may process an election
33		petition filed between 90 and 60 days prior to the end of the
34		fifth year of such an agreement, and between 90 and 60 days
35		prior to the end of each successive year of such agreement.
36		(i) An order of the Board dismissing a representation

1		petition, determining and certifying that a labor organization
2		has been fairly and freely chosen by a majority of employees in
3		an appropriate bargaining unit, determining and certifying
4		that a labor organization has not been fairly and freely chosen
5		by a majority of employees in the bargaining unit or certifying
6		a labor organization as the exclusive representative of
7		employees in an appropriate bargaining unit because of a
8		determination by the Board that the labor organization is the
9		historical bargaining representative of employees in the
10		bargaining unit, is a final order. Any person aggrieved by any
11		such order issued on or after the effective date of this
12		amendatory Act of 1987 may apply for and obtain judicial review
13		in accordance with provisions of the Administrative Review Law,
14		as now or hereafter amended, except that such review shall be
15		afforded directly in the Appellate Court for the district in
16		which the aggrieved party resides or transacts business. Any
17		direct appeal to the Appellate Court shall be filed within 35
18		days from the date that a copy of the decision sought to be
19		reviewed was served upon the party affected by the decision.
20		(Source: P.A. 93-427, eff. 8-5-03; 93-444, eff. 8-5-03; revised
21		9-10-03.)

22		Section 25. The Military Leave of Absence Act is amended by
23		changing Sections 1 and 1.1 as follows:
24		(5 ILCS 325/1) (from Ch. 129, par. 501)
25		Sec. 1. Leave of absence.
26		(a) Any full-time employee of the State of Illinois, a unit
27		of local government, or a school district, other than an
28		independent contractor, who is a member of any reserve
29		component of the United States Armed Forces or of any reserve
30		component of the Illinois State Militia, shall be granted leave
31		from his or her public employment for any period actively spent
32		in military service, including:
33		(1) basic training;
34		(2) special or advanced training, whether or not within the

1		State, and whether or not voluntary; and
2		(3) annual training.
3		During these leaves, the employee's seniority and other
4		benefits shall continue to accrue.
5		During leaves for annual training, the employee shall
6		continue to receive his or her regular compensation as a public
7		employee. During leaves for basic training and up to 60 days of
8		special or advanced training, if the employee's compensation
9		for military activities is less than his or her compensation as
10		a public employee, he or she shall receive his or her regular
11		compensation as a public employee minus the amount of his or
12		her base pay for military activities.
13		(b) Any full-time employee of the State of Illinois, other
14		than an independent contractor, who is a member of the Illinois
15		National Guard or a reserve component of the United States
16		Armed Forces or the Illinois State Militia and who is mobilized
17		to active duty shall continue during the period of active duty
18		to receive his or her benefits and regular compensation as a
19		State employee, minus an amount equal to his or her military
20		active duty base pay. The Department of Central Management
21		Services and the State Comptroller shall coordinate in the
22		development of procedures for the implementation of this
23		Section.
24		(Source: P.A. 93-409, eff. 8-4-03; 93-537, eff. 1-1-04; revised
25		9-11-03.)
26		(5 ILCS 325/1.1)
27		Sec. 1.1. Home rule. A home rule unit may not regulate its
28		employees in a manner that is inconsistent with this Act. This
29		Section is a limitation under subsection (i) of Section 6, of
30		Article VII of the Illinois Constitution on the concurrent
31		exercise by home rule units of powers and functions exercised
32		by the State.
33		(Source: P.A. 93-409, eff. 8-4-03; revised 10-9-03.)

34

Section 30. The State Employees Group Insurance Act of 1971

1		is amended by changing Section 6.5 as follows:
2		(5 ILCS 375/6.5)
3		(Section scheduled to be repealed on July 1, 2004)
4		Sec. 6.5. Health benefits for TRS benefit recipients and
5		TRS dependent beneficiaries.
6		(a) Purpose. It is the purpose of this amendatory Act of
7		1995 to transfer the administration of the program of health
8		benefits established for benefit recipients and their
9		dependent beneficiaries under Article 16 of the Illinois
10		Pension Code to the Department of Central Management Services.
11		(b) Transition provisions. The Board of Trustees of the
12		Teachers' Retirement System shall continue to administer the
13		health benefit program established under Article 16 of the
14		Illinois Pension Code through December 31, 1995. Beginning
15		January 1, 1996, the Department of Central Management Services
16		shall be responsible for administering a program of health
17		benefits for TRS benefit recipients and TRS dependent
18		beneficiaries under this Section. The Department of Central
19		Management Services and the Teachers' Retirement System shall
20		cooperate in this endeavor and shall coordinate their
21		activities so as to ensure a smooth transition and
22		uninterrupted health benefit coverage.
23		(c) Eligibility. All persons who were enrolled in the
24		Article 16 program at the time of the transfer shall be
25		eligible to participate in the program established under this
26		Section without any interruption or delay in coverage or
27		limitation as to pre-existing medical conditions. Eligibility
28		to participate shall be determined by the Teachers' Retirement
29		System. Eligibility information shall be communicated to the
30		Department of Central Management Services in a format
31		acceptable to the Department.
32		A TRS dependent beneficiary who is an unmarried child age
33		19 or over and mentally or physically handicapped does not
34		become ineligible to participate by reason of (i) becoming
35		ineligible to be claimed as a dependent for Illinois or federal

1		income tax purposes or (ii) receiving earned income, so long as
2		those earnings are insufficient for the child to be fully
3		self-sufficient.
4		(d) Coverage. The level of health benefits provided under
5		this Section shall be similar to the level of benefits provided
6		by the program previously established under Article 16 of the
7		Illinois Pension Code.
8		Group life insurance benefits are not included in the
9		benefits to be provided to TRS benefit recipients and TRS
10		dependent beneficiaries under this Act.
11		The program of health benefits under this Section may
12		include any or all of the benefit limitations, including but
13		not limited to a reduction in benefits based on eligibility for
14		federal medicare benefits, that are provided under subsection
15		(a) of Section 6 of this Act for other health benefit programs
16		under this Act.
17		(e) Insurance rates and premiums. The Director shall
18		determine the insurance rates and premiums for TRS benefit
19		recipients and TRS dependent beneficiaries, and shall present
20		to the Teachers' Retirement System of the State of Illinois, by
21		April 15 of each calendar year, the rate-setting methodology
22		(including but not limited to utilization levels and costs)
23		used to determine the amount of the health care premiums.
24		For Fiscal Year 1996, the premium shall be equal to the
25		premium actually charged in Fiscal Year 1995; in subsequent
26		years, the premium shall never be lower than the premium
27		charged in Fiscal Year 1995. For Fiscal Year 2003, the premium
28		shall not exceed 110% of the premium actually charged in Fiscal
29		Year 2002. For Fiscal Year 2004, the premium shall not exceed
30		112% of the premium actually charged in Fiscal Year 2003.
31		Rates and premiums may be based in part on age and
32		eligibility for federal medicare coverage. However, the cost of
33		participation for a TRS dependent beneficiary who is an
34		unmarried child age 19 or over and mentally or physically
35		handicapped shall not exceed the cost for a TRS dependent
36		beneficiary who is an unmarried child under age 19 and

1		participates in the same major medical or managed care program.
2		The cost of health benefits under the program shall be paid
3		as follows:
4		(1) For a TRS benefit recipient selecting a managed
5		care program, up to 75% of the total insurance rate shall
6		be paid from the Teacher Health Insurance Security Fund.
7		(2) For a TRS benefit recipient selecting the major
8		medical coverage program, up to 50% of the total insurance
9		rate shall be paid from the Teacher Health Insurance
10		Security Fund if a managed care program is accessible, as
11		determined by the Teachers' Retirement System.
12		(3) For a TRS benefit recipient selecting the major
13		medical coverage program, up to 75% of the total insurance
14		rate shall be paid from the Teacher Health Insurance
15		Security Fund if a managed care program is not accessible,
16		as determined by the Teachers' Retirement System.
17		(4) The balance of the rate of insurance, including the
18		entire premium of any coverage for TRS dependent
19		beneficiaries that has been elected, shall be paid by
20		deductions authorized by the TRS benefit recipient to be
21		withheld from his or her monthly annuity or benefit payment
22		from the Teachers' Retirement System; except that (i) if
23		the balance of the cost of coverage exceeds the amount of
24		the monthly annuity or benefit payment, the difference
25		shall be paid directly to the Teachers' Retirement System
26		by the TRS benefit recipient, and (ii) all or part of the
27		balance of the cost of coverage may, at the school board's
28		option, be paid to the Teachers' Retirement System by the
29		school board of the school district from which the TRS
30		benefit recipient retired, in accordance with Section
31		10-22.3b of the School Code. The Teachers' Retirement
32		System shall promptly deposit all moneys withheld by or
33		paid to it under this subdivision (e)(4) into the Teacher
34		Health Insurance Security Fund. These moneys shall not be
35		considered assets of the Retirement System.
36		(f) Financing. Beginning July 1, 1995, all revenues arising

1		from the administration of the health benefit programs
2		established under Article 16 of the Illinois Pension Code or
3		this Section shall be deposited into the Teacher Health
4		Insurance Security Fund, which is hereby created as a
5		nonappropriated trust fund to be held outside the State
6		Treasury, with the State Treasurer as custodian. Any interest
7		earned on moneys in the Teacher Health Insurance Security Fund
8		shall be deposited into the Fund.
9		Moneys in the Teacher Health Insurance Security Fund shall
10		be used only to pay the costs of the health benefit program
11		established under this Section, including associated
12		administrative costs, and the costs associated with the health
13		benefit program established under Article 16 of the Illinois
14		Pension Code, as authorized in this Section. Beginning July 1,
15		1995, the Department of Central Management Services may make
16		expenditures from the Teacher Health Insurance Security Fund
17		for those costs.
18		After other funds authorized for the payment of the costs
19		of the health benefit program established under Article 16 of
20		the Illinois Pension Code are exhausted and until January 1,
21		1996 (or such later date as may be agreed upon by the Director
22		of Central Management Services and the Secretary of the
23		Teachers' Retirement System), the Secretary of the Teachers'
24		Retirement System may make expenditures from the Teacher Health
25		Insurance Security Fund as necessary to pay up to 75% of the
26		cost of providing health coverage to eligible benefit
27		recipients (as defined in Sections 16-153.1 and 16-153.3 of the
28		Illinois Pension Code) who are enrolled in the Article 16
29		health benefit program and to facilitate the transfer of
30		administration of the health benefit program to the Department
31		of Central Management Services.
32		(g) Contract for benefits. The Director shall by contract,
33		self-insurance, or otherwise make available the program of
34		health benefits for TRS benefit recipients and their TRS
35		dependent beneficiaries that is provided for in this Section.
36		The contract or other arrangement for the provision of these

1		health benefits shall be on terms deemed by the Director to be
2		in the best interest of the State of Illinois and the TRS
3		benefit recipients based on, but not limited to, such criteria
4		as administrative cost, service capabilities of the carrier or
5		other contractor, and the costs of the benefits.
6		(h) Continuation and termination of program. It is the
7		intention of the General Assembly that the program of health
8		benefits provided under this Section be maintained on an
9		ongoing, affordable basis through June 30, 2004. The program of
10		health benefits provided under this Section is terminated on
11		July 1, 2004.
12		The program of health benefits provided under this Section
13		may be amended by the State and is not intended to be a pension
14		or retirement benefit subject to protection under Article XIII,
15		Section 5 of the Illinois Constitution.
16		(i) Repeal. This Section is repealed on July 1, 2004.
17		(Source: P.A. 92-505, eff. 12-20-01; 92-862, eff. 1-3-03;
18		revised 1-10-03.)

19		Section 35. The Election Code is amended by changing
20		Sections 7-7, 7-8, 9-1.14, 9-10, and 24B-9.1 as follows:
21		(10 ILCS 5/7-7) (from Ch. 46, par. 7-7)
22		Sec. 7-7. For the purpose of making nominations in certain
23		instances as provided in this Article and this Act, the
24		following committees are authorized and shall constitute the
25		central or managing committees of each political party, viz: A
26		State central committee, a congressional committee for each
27		congressional district, a county central committee for each
28		county, a municipal central committee for each city,
29		incorporated town or village, a ward committeeman for each ward
30		in cities containing a population of 500,000 or more; a
31		township committeeman for each township or part of a township
32		that lies outside of cities having a population of 200,000 or
33		more, in counties having a population of 2,000,000 or more; a
34		precinct committeeman for each precinct in counties having a

1		population of less than 2,000,000; a county board district
2		committee for each county board district created under Division
3		2-3 of the Counties Code; a State's Attorney committee for each
4		group of 2 or more counties which jointly elect a State's
5		Attorney; a Superintendent of Multi-County Educational Service
6		Region committee for each group of 2 or more counties which
7		jointly elect a Superintendent of a Multi-County Educational
8		Service Region; a judicial subcircuit committee in a judicial
9		circuit divided into subcircuits for each judicial subcircuit
10		in that circuit; and a board of review election district
11		committee for each Cook County Board of Review election
12		district.
13		(Source: P.A. 93-541, eff. 8-18-03; 93-574, eff. 8-21-03;
14		revised 9-22-03.)
15		(10 ILCS 5/7-8) (from Ch. 46, par. 7-8)
16		Sec. 7-8. The State central committee shall be composed of
17		one or two members from each congressional district in the
18		State and shall be elected as follows:
19		State Central Committee
20		(a) Within 30 days after the effective date of this
21		amendatory Act of 1983 the State central committee of each
22		political party shall certify to the State Board of Elections
23		which of the following alternatives it wishes to apply to the
24		State central committee of that party.
25		Alternative A. At the primary held on the third Tuesday in
26		March 1970, and at the primary held every 4 years thereafter,
27		each primary elector may vote for one candidate of his party
28		for member of the State central committee for the congressional
29		district in which he resides. The candidate receiving the
30		highest number of votes shall be declared elected State central
31		committeeman from the district. A political party may, in lieu
32		of the foregoing, by a majority vote of delegates at any State
33		convention of such party, determine to thereafter elect the
34		State central committeemen in the manner following:
35		At the county convention held by such political party State

1		central committeemen shall be elected in the same manner as
2		provided in this Article for the election of officers of the
3		county central committee, and such election shall follow the
4		election of officers of the county central committee. Each
5		elected ward, township or precinct committeeman shall cast as
6		his vote one vote for each ballot voted in his ward, township,
7		part of a township or precinct in the last preceding primary
8		election of his political party. In the case of a county lying
9		partially within one congressional district and partially
10		within another congressional district, each ward, township or
11		precinct committeeman shall vote only with respect to the
12		congressional district in which his ward, township, part of a
13		township or precinct is located. In the case of a congressional
14		district which encompasses more than one county, each ward,
15		township or precinct committeeman residing within the
16		congressional district shall cast as his vote one vote for each
17		ballot voted in his ward, township, part of a township or
18		precinct in the last preceding primary election of his
19		political party for one candidate of his party for member of
20		the State central committee for the congressional district in
21		which he resides and the Chairman of the county central
22		committee shall report the results of the election to the State
23		Board of Elections. The State Board of Elections shall certify
24		the candidate receiving the highest number of votes elected
25		State central committeeman for that congressional district.
26		The State central committee shall adopt rules to provide
27		for and govern the procedures to be followed in the election of
28		members of the State central committee.
29		After the effective date of this amendatory Act of the 91st
30		General Assembly, whenever a vacancy occurs in the office of
31		Chairman of a State central committee, or at the end of the
32		term of office of Chairman, the State central committee of each
33		political party that has selected Alternative A shall elect a
34		Chairman who shall not be required to be a member of the State
35		Central Committee. The Chairman shall be a registered voter in
36		this State and of the same political party as the State central

1		committee.
2		Alternative B. Each congressional committee shall, within
3		30 days after the adoption of this alternative, appoint a
4		person of the sex opposite that of the incumbent member for
5		that congressional district to serve as an additional member of
6		the State central committee until his or her successor is
7		elected at the general primary election in 1986. Each
8		congressional committee shall make this appointment by voting
9		on the basis set forth in paragraph (e) of this Section. In
10		each congressional district at the general primary election
11		held in 1986 and every 4 years thereafter, the male candidate
12		receiving the highest number of votes of the party's male
13		candidates for State central committeeman, and the female
14		candidate receiving the highest number of votes of the party's
15		female candidates for State central committeewoman, shall be
16		declared elected State central committeeman and State central
17		committeewoman from the district. At the general primary
18		election held in 1986 and every 4 years thereafter, if all a
19		party's candidates for State central committeemen or State
20		central committeewomen from a congressional district are of the
21		same sex, the candidate receiving the highest number of votes
22		shall be declared elected a State central committeeman or State
23		central committeewoman from the district, and, because of a
24		failure to elect one male and one female to the committee, a
25		vacancy shall be declared to exist in the office of the second
26		member of the State central committee from the district. This
27		vacancy shall be filled by appointment by the congressional
28		committee of the political party, and the person appointed to
29		fill the vacancy shall be a resident of the congressional
30		district and of the sex opposite that of the committeeman or
31		committeewoman elected at the general primary election. Each
32		congressional committee shall make this appointment by voting
33		on the basis set forth in paragraph (e) of this Section.
34		The Chairman of a State central committee composed as
35		provided in this Alternative B must be selected from the
36		committee's members.

1		Except as provided for in Alternative A with respect to the
2		selection of the Chairman of the State central committee, under
3		both of the foregoing alternatives, the State central committee
4		of each political party shall be composed of members elected or
5		appointed from the several congressional districts of the
6		State, and of no other person or persons whomsoever. The
7		members of the State central committee shall, within 30 days
8		after each quadrennial election of the full committee, meet in
9		the city of Springfield and organize by electing a chairman,
10		and may at such time elect such officers from among their own
11		number (or otherwise), as they may deem necessary or expedient.
12		The outgoing chairman of the State central committee of the
13		party shall, 10 days before the meeting, notify each member of
14		the State central committee elected at the primary of the time
15		and place of such meeting. In the organization and proceedings
16		of the State central committee, each State central committeeman
17		and State central committeewoman shall have one vote for each
18		ballot voted in his or her congressional district by the
19		primary electors of his or her party at the primary election
20		immediately preceding the meeting of the State central
21		committee. Whenever a vacancy occurs in the State central
22		committee of any political party, the vacancy shall be filled
23		by appointment of the chairmen of the county central committees
24		of the political party of the counties located within the
25		congressional district in which the vacancy occurs and, if
26		applicable, the ward and township committeemen of the political
27		party in counties of 2,000,000 or more inhabitants located
28		within the congressional district. If the congressional
29		district in which the vacancy occurs lies wholly within a
30		county of 2,000,000 or more inhabitants, the ward and township
31		committeemen of the political party in that congressional
32		district shall vote to fill the vacancy. In voting to fill the
33		vacancy, each chairman of a county central committee and each
34		ward and township committeeman in counties of 2,000,000 or more
35		inhabitants shall have one vote for each ballot voted in each
36		precinct of the congressional district in which the vacancy

1		exists of his or her county, township, or ward cast by the
2		primary electors of his or her party at the primary election
3		immediately preceding the meeting to fill the vacancy in the
4		State central committee. The person appointed to fill the
5		vacancy shall be a resident of the congressional district in
6		which the vacancy occurs, shall be a qualified voter, and, in a
7		committee composed as provided in Alternative B, shall be of
8		the same sex as his or her predecessor. A political party may,
9		by a majority vote of the delegates of any State convention of
10		such party, determine to return to the election of State
11		central committeeman and State central committeewoman by the
12		vote of primary electors. Any action taken by a political party
13		at a State convention in accordance with this Section shall be
14		reported to the State Board of Elections by the chairman and
15		secretary of such convention within 10 days after such action.
16		Ward, Township and Precinct Committeemen
17		(b) At the primary held on the third Tuesday in March,
18		1972, and every 4 years thereafter, each primary elector in
19		cities having a population of 200,000 or over may vote for one
20		candidate of his party in his ward for ward committeeman. Each
21		candidate for ward committeeman must be a resident of and in
22		the ward where he seeks to be elected ward committeeman. The
23		one having the highest number of votes shall be such ward
24		committeeman of such party for such ward. At the primary
25		election held on the third Tuesday in March, 1970, and every 4
26		years thereafter, each primary elector in counties containing a
27		population of 2,000,000 or more, outside of cities containing a
28		population of 200,000 or more, may vote for one candidate of
29		his party for township committeeman. Each candidate for
30		township committeeman must be a resident of and in the township
31		or part of a township (which lies outside of a city having a
32		population of 200,000 or more, in counties containing a
33		population of 2,000,000 or more), and in which township or part
34		of a township he seeks to be elected township committeeman. The
35		one having the highest number of votes shall be such township
36		committeeman of such party for such township or part of a

1		township. At the primary held on the third Tuesday in March,
2		1970 and every 2 years thereafter, each primary elector, except
3		in counties having a population of 2,000,000 or over, may vote
4		for one candidate of his party in his precinct for precinct
5		committeeman. Each candidate for precinct committeeman must be
6		a bona fide resident of the precinct where he seeks to be
7		elected precinct committeeman. The one having the highest
8		number of votes shall be such precinct committeeman of such
9		party for such precinct. The official returns of the primary
10		shall show the name of the committeeman of each political
11		party.
12		Terms of Committeemen. All precinct committeemen elected
13		under the provisions of this Article shall continue as such
14		committeemen until the date of the primary to be held in the
15		second year after their election. Except as otherwise provided
16		in this Section for certain State central committeemen who have
17		2 year terms, all State central committeemen, township
18		committeemen and ward committeemen shall continue as such
19		committeemen until the date of primary to be held in the fourth
20		year after their election. However, a vacancy exists in the
21		office of precinct committeeman when a precinct committeeman
22		ceases to reside in the precinct in which he was elected and
23		such precinct committeeman shall thereafter neither have nor
24		exercise any rights, powers or duties as committeeman in that
25		precinct, even if a successor has not been elected or
26		appointed.
27		(c) The Multi-Township Central Committee shall consist of
28		the precinct committeemen of such party, in the multi-township
29		assessing district formed pursuant to Section 2-10 of the
30		Property Tax Code and shall be organized for the purposes set
31		forth in Section 45-25 of the Township Code. In the
32		organization and proceedings of the Multi-Township Central
33		Committee each precinct committeeman shall have one vote for
34		each ballot voted in his precinct by the primary electors of
35		his party at the primary at which he was elected.
36		County Central Committee

1		(d) The county central committee of each political party in
2		each county shall consist of the various township committeemen,
3		precinct committeemen and ward committeemen, if any, of such
4		party in the county. In the organization and proceedings of the
5		county central committee, each precinct committeeman shall
6		have one vote for each ballot voted in his precinct by the
7		primary electors of his party at the primary at which he was
8		elected; each township committeeman shall have one vote for
9		each ballot voted in his township or part of a township as the
10		case may be by the primary electors of his party at the primary
11		election for the nomination of candidates for election to the
12		General Assembly immediately preceding the meeting of the
13		county central committee; and in the organization and
14		proceedings of the county central committee, each ward
15		committeeman shall have one vote for each ballot voted in his
16		ward by the primary electors of his party at the primary
17		election for the nomination of candidates for election to the
18		General Assembly immediately preceding the meeting of the
19		county central committee.
20		Cook County Board of Review Election District Committee
21		(d-1) Each board of review election district committee of
22		each political party in Cook County shall consist of the
23		various township committeemen and ward committeemen, if any, of
24		that party in the portions of the county composing the board of
25		review election district. In the organization and proceedings
26		of each of the 3 election district committees, each township
27		committeeman shall have one vote for each ballot voted in his
28		or her township or part of a township, as the case may be, by
29		the primary electors of his or her party at the primary
30		election immediately preceding the meeting of the board of
31		review election district committee; and in the organization and
32		proceedings of each of the 3 election district committees, each
33		ward committeeman shall have one vote for each ballot voted in
34		his or her ward or part of that ward, as the case may be, by the
35		primary electors of his or her party at the primary election
36		immediately preceding the meeting of the board of review

1		election district committee.
2		Congressional Committee
3		(e) The congressional committee of each party in each
4		congressional district shall be composed of the chairmen of the
5		county central committees of the counties composing the
6		congressional district, except that in congressional districts
7		wholly within the territorial limits of one county, or partly
8		within 2 or more counties, but not coterminous with the county
9		lines of all of such counties, the precinct committeemen,
10		township committeemen and ward committeemen, if any, of the
11		party representing the precincts within the limits of the
12		congressional district, shall compose the congressional
13		committee. A State central committeeman in each district shall
14		be a member and the chairman or, when a district has 2 State
15		central committeemen, a co-chairman of the congressional
16		committee, but shall not have the right to vote except in case
17		of a tie.
18		In the organization and proceedings of congressional
19		committees composed of precinct committeemen or township
20		committeemen or ward committeemen, or any combination thereof,
21		each precinct committeeman shall have one vote for each ballot
22		voted in his precinct by the primary electors of his party at
23		the primary at which he was elected, each township committeeman
24		shall have one vote for each ballot voted in his township or
25		part of a township as the case may be by the primary electors
26		of his party at the primary election immediately preceding the
27		meeting of the congressional committee, and each ward
28		committeeman shall have one vote for each ballot voted in each
29		precinct of his ward located in such congressional district by
30		the primary electors of his party at the primary election
31		immediately preceding the meeting of the congressional
32		committee; and in the organization and proceedings of
33		congressional committees composed of the chairmen of the county
34		central committees of the counties within such district, each
35		chairman of such county central committee shall have one vote
36		for each ballot voted in his county by the primary electors of

1		his party at the primary election immediately preceding the
2		meeting of the congressional committee.
3		Judicial District Committee
4		(f) The judicial district committee of each political party
5		in each judicial district shall be composed of the chairman of
6		the county central committees of the counties composing the
7		judicial district.
8		In the organization and proceedings of judicial district
9		committees composed of the chairmen of the county central
10		committees of the counties within such district, each chairman
11		of such county central committee shall have one vote for each
12		ballot voted in his county by the primary electors of his party
13		at the primary election immediately preceding the meeting of
14		the judicial district committee.
15		Circuit Court Committee
16		(g) The circuit court committee of each political party in
17		each judicial circuit outside Cook County shall be composed of
18		the chairmen of the county central committees of the counties
19		composing the judicial circuit.
20		In the organization and proceedings of circuit court
21		committees, each chairman of a county central committee shall
22		have one vote for each ballot voted in his county by the
23		primary electors of his party at the primary election
24		immediately preceding the meeting of the circuit court
25		committee.
26		Judicial Subcircuit Committee
27		(g-1) The judicial subcircuit committee of each political
28		party in each judicial subcircuit in a judicial circuit divided
29		into subcircuits shall be composed of (i) the ward and township
30		committeemen of the townships and wards composing the judicial
31		subcircuit in Cook County and (ii) the precinct committeemen of
32		the precincts composing the judicial subcircuit in any county
33		other than Cook County.
34		In the organization and proceedings of each judicial
35		subcircuit committee, each township committeeman shall have
36		one vote for each ballot voted in his township or part of a

1		township, as the case may be, in the judicial subcircuit by the
2		primary electors of his party at the primary election
3		immediately preceding the meeting of the judicial subcircuit
4		committee; each precinct committeeman shall have one vote for
5		each ballot voted in his precinct or part of a precinct, as the
6		case may be, in the judicial subcircuit by the primary electors
7		of his party at the primary election immediately preceding the
8		meeting of the judicial subcircuit committee; and each ward
9		committeeman shall have one vote for each ballot voted in his
10		ward or part of a ward, as the case may be, in the judicial
11		subcircuit by the primary electors of his party at the primary
12		election immediately preceding the meeting of the judicial
13		subcircuit committee.
14		Municipal Central Committee
15		(h) The municipal central committee of each political party
16		shall be composed of the precinct, township or ward
17		committeemen, as the case may be, of such party representing
18		the precincts or wards, embraced in such city, incorporated
19		town or village. The voting strength of each precinct, township
20		or ward committeeman on the municipal central committee shall
21		be the same as his voting strength on the county central
22		committee.
23		For political parties, other than a statewide political
24		party, established only within a municipality or township, the
25		municipal or township managing committee shall be composed of
26		the party officers of the local established party. The party
27		officers of a local established party shall be as follows: the
28		chairman and secretary of the caucus for those municipalities
29		and townships authorized by statute to nominate candidates by
30		caucus shall serve as party officers for the purpose of filling
31		vacancies in nomination under Section 7-61; for municipalities
32		and townships authorized by statute or ordinance to nominate
33		candidates by petition and primary election, the party officers
34		shall be the party's candidates who are nominated at the
35		primary. If no party primary was held because of the provisions
36		of Section 7-5, vacancies in nomination shall be filled by the

1		party's remaining candidates who shall serve as the party's
2		officers.
3		Powers
4		(i) Each committee and its officers shall have the powers
5		usually exercised by such committees and by the officers
6		thereof, not inconsistent with the provisions of this Article.
7		The several committees herein provided for shall not have power
8		to delegate any of their powers, or functions to any other
9		person, officer or committee, but this shall not be construed
10		to prevent a committee from appointing from its own membership
11		proper and necessary subcommittees.
12		(j) The State central committee of a political party which
13		elects it members by Alternative B under paragraph (a) of this
14		Section shall adopt a plan to give effect to the delegate
15		selection rules of the national political party and file a copy
16		of such plan with the State Board of Elections when approved by
17		a national political party.
18		(k) For the purpose of the designation of a proxy by a
19		Congressional Committee to vote in place of an absent State
20		central committeeman or committeewoman at meetings of the State
21		central committee of a political party which elects its members
22		by Alternative B under paragraph (a) of this Section, the proxy
23		shall be appointed by the vote of the ward and township
24		committeemen, if any, of the wards and townships which lie
25		entirely or partially within the Congressional District from
26		which the absent State central committeeman or committeewoman
27		was elected and the vote of the chairmen of the county central
28		committees of those counties which lie entirely or partially
29		within that Congressional District and in which there are no
30		ward or township committeemen. When voting for such proxy the
31		county chairman, ward committeeman or township committeeman,
32		as the case may be shall have one vote for each ballot voted in
33		his county, ward or township, or portion thereof within the
34		Congressional District, by the primary electors of his party at
35		the primary at which he was elected. However, the absent State
36		central committeeman or committeewoman may designate a proxy

1		when permitted by the rules of a political party which elects
2		its members by Alternative B under paragraph (a) of this
3		Section.
4		(Source: P.A. 93-541, eff. 8-18-03; 93-574, eff. 8-21-03;
5		revised 9-22-03.)
6		(10 ILCS 5/9-1.14)
7		Sec. 9-1.14. Electioneering communication defined.
8		(a) "Electioneering communication" means, for the purposes
9		of this Article, any form of communication, in whatever medium,
10		including but not limited to a , newspaper, radio, television,
11		or Internet communication and newspaper communications, that
12		refers to a clearly identified candidate, candidates, or
13		political party and is made within (i) 60 days before a general
14		election for the office sought by the candidate or (ii) 30 days
15		before a general primary election for the office sought by the
16		candidate.
17		(b) "Electioneering communication" does not include:
18		(1) A communication, other than an advertisement
19		advertisements, appearing in a news story, commentary, or
20		editorial distributed through the facilities of any
21		legitimate news organization, unless the facilities are
22		owned or controlled by any political party, political
23		committee, or candidate.
24		(2) A communication made solely to promote a candidate
25		debate or forum that is made by or on behalf of the person
26		sponsoring the debate or forum.
27		(3) A communication made as part of a non-partisan
28		activity designed to encourage individuals to vote or to
29		register to vote.
30		(4) A communication by an organization operating and
31		remaining in good standing under Section 501(c)(3) of the
32		Internal Revenue Code of 1986.
33		(Source: P.A. 93-574, eff. 8-21-03; 93-615, eff. 11-19-03;
34		revised 1-5-04.)

1		(10 ILCS 5/9-10) (from Ch. 46, par. 9-10)
2		Sec. 9-10. Financial reports.
3		(a) The treasurer of every state political committee and
4		the treasurer of every local political committee shall file
5		with the Board, and the treasurer of every local political
6		committee shall file with the county clerk, reports of campaign
7		contributions, and semi-annual reports of campaign
8		contributions and expenditures on forms to be prescribed or
9		approved by the Board. The treasurer of every political
10		committee that acts as both a state political committee and a
11		local political committee shall file a copy of each report with
12		the State Board of Elections and the county clerk. Entities
13		subject to Section 9-7.5 shall file reports required by that
14		Section at times provided in this Section and are subject to
15		the penalties provided in this Section.
16		(b) Reports of campaign contributions shall be filed no
17		later than the 15th day next preceding each election including
18		a primary election in connection with which the political
19		committee has accepted or is accepting contributions or has
20		made or is making expenditures. Such reports shall be complete
21		as of the 30th day next preceding each election including a
22		primary election. The Board shall assess a civil penalty not to
23		exceed $5,000 for a violation of this subsection, except that
24		for State officers and candidates and political committees
25		formed for statewide office, the civil penalty may not exceed
26		$10,000. The fine, however, shall not exceed $500 for a first
27		filing violation for filing less than 10 days after the
28		deadline. There shall be no fine if the report is mailed and
29		postmarked at least 72 hours prior to the filing deadline. For
30		the purpose of this subsection, "statewide office" and "State
31		officer" means the Governor, Lieutenant Governor, Attorney
32		General, Secretary of State, Comptroller, and Treasurer.
33		However, a continuing political committee that neither accepts
34		contributions nor makes expenditures on behalf of or in
35		opposition to any candidate or public question on the ballot at
36		an election shall not be required to file the reports

1		heretofore prescribed but may file in lieu thereof a Statement
2		of Nonparticipation in the Election with the Board or the Board
3		and the county clerk.
4		(b-5) Notwithstanding the provisions of subsection (b) and
5		Section 1.25 of the Statute on Statutes, any contribution of
6		more than $500 received in the interim between the last date of
7		the period covered by the last report filed under subsection
8		(b) prior to the election and the date of the election shall be
9		filed with and must actually be received by the State Board of
10		Elections within 2 business days after receipt of such
11		contribution. The State Board shall allow filings of reports of
12		contributions of more than $500 under this subsection (b-5) by
13		political committees that are not required to file
14		electronically to be made by facsimile transmission. For the
15		purpose of this subsection, a contribution is considered
16		received on the date the public official, candidate, or
17		political committee (or equivalent person in the case of a
18		reporting entity other than a political committee) actually
19		receives it or, in the case of goods or services, 2 business
20		days after the date the public official, candidate, committee,
21		or other reporting entity receives the certification required
22		under subsection (b) of Section 9-6. Failure to report each
23		contribution is a separate violation of this subsection. In the
24		final disposition of any matter by the Board on or after the
25		effective date of this amendatory Act of the 93rd General
26		Assembly, the Board may impose fines for violations of this
27		subsection not to exceed 100% of the total amount of the
28		contributions that were untimely reported, but in no case when
29		a fine is imposed shall it be less than 10% of the total amount
30		of the contributions that were untimely reported. When
31		considering the amount of the fine to be imposed, the Board
32		shall consider, but is not limited to, the following factors:
33		(1) whether in the Board's opinion the violation was
34		committed inadvertently, negligently, knowingly, or
35		intentionally;
36		(2) the number of days the contribution was reported

1		late; and
2		(3) past violations of Sections 9-3 and 9-10 of this
3		Article by the committee.
4		(c) In addition to such reports the treasurer of every
5		political committee shall file semi-annual reports of campaign
6		contributions and expenditures no later than July 31st,
7		covering the period from January 1st through June 30th
8		immediately preceding, and no later than January 31st, covering
9		the period from July 1st through December 31st of the preceding
10		calendar year. Reports of contributions and expenditures must
11		be filed to cover the prescribed time periods even though no
12		contributions or expenditures may have been received or made
13		during the period. The Board shall assess a civil penalty not
14		to exceed $5,000 for a violation of this subsection, except
15		that for State officers and candidates and political committees
16		formed for statewide office, the civil penalty may not exceed
17		$10,000. The fine, however, shall not exceed $500 for a first
18		filing violation for filing less than 10 days after the
19		deadline. There shall be no fine if the report is mailed and
20		postmarked at least 72 hours prior to the filing deadline. For
21		the purpose of this subsection, "statewide office" and "State
22		officer" means the Governor, Lieutenant Governor, Attorney
23		General, Secretary of State, Comptroller, and Treasurer.
24		(c-5) A political committee that acts as either (i) a State
25		and local political committee or (ii) a local political
26		committee and that files reports electronically under Section
27		9-28 is not required to file copies of the reports with the
28		appropriate county clerk if the county clerk has a system that
29		permits access to, and duplication of, reports that are filed
30		with the State Board of Elections. A State and local political
31		committee or a local political committee shall file with the
32		county clerk a copy of its statement of organization pursuant
33		to Section 9-3.
34		(d) A copy of each report or statement filed under this
35		Article shall be preserved by the person filing it for a period
36		of two years from the date of filing.

1		(Source: P.A. 93-574, eff. 8-21-03; 93-615, eff. 11-19-03;
2		revised 12-17-03.)
3		(10 ILCS 5/24B-9.1)
4		Sec. 24B-9.1. Examination of Votes by Electronic Precinct
5		Tabulation Optical Scan Technology Scanning Process or other
6		authorized electronic process; definition of a vote.
7		(a) Examination of Votes by Electronic Precinct Tabulation
8		Optical Scan Technology Scanning Process. Whenever a Precinct
9		Tabulation Optical Scan Technology process is used to
10		automatically examine and count the votes on ballot sheets, the
11		provisions of this Section shall apply. A voter shall cast a
12		proper vote on a ballot sheet by making a mark, or causing a
13		mark to be made, in the designated area for the casting of a
14		vote for any party or candidate or for or against any
15		proposition. For this purpose, a mark is an intentional
16		darkening of the designated area on the ballot, and not an
17		identifying mark.
18		(b) For any ballot sheet that does not register a vote for
19		one or more ballot positions on the ballot sheet on a
20		Electronic Precinct Tabulation Optical Scan Technology
21		Scanning Process, the following shall constitute a vote on the
22		ballot sheet:
23		(1) the designated area for casting a vote for a
24		particular ballot position on the ballot sheet is fully
25		darkened or shaded in;
26		(2) the designated area for casting a vote for a
27		particular ballot position on the ballot sheet is partially
28		darkened or shaded in;
29		(3) the designated area for casting a vote for a
30		particular ballot position on the ballot sheet contains a
31		dot or ".", a check, or a plus or "+"; or
32		(4) the designated area for casting a vote for a
33		particular ballot position on the ballot sheet contains
34		some other type of mark that indicates the clearly
35		ascertainable intent of the voter to vote based on the

1		totality of the circumstances, including but not limited to
2		any pattern or frequency of marks on other ballot positions
3		from the same ballot sheet; or .
4		(5) the designated area for casting a vote for a
5		particular ballot position on the ballot sheet is not
6		marked, but the ballot sheet contains other markings
7		associated with a particular ballot position, such as
8		circling a candidate's name, that indicates the clearly
9		ascertainable intent of the voter to vote, based on the
10		totality of the circumstances, including but not limited
11		to, any pattern or frequency of markings on other ballot
12		positions from the same ballot sheet.
13		(c) For other electronic voting systems that use a computer
14		as the marking device to mark a ballot sheet, the bar code
15		found on the ballot sheet shall constitute the votes found on
16		the ballot. If, however, the county clerk or board of election
17		commissioners determines that the votes represented by the
18		tally on the bar code for one or more ballot positions is
19		inconsistent with the votes represented by numerical ballot
20		positions identified on the ballot sheet produced using a
21		computer as the marking device, then the numerical ballot
22		positions identified on the ballot sheet shall constitute the
23		votes for purposes of any official canvass or recount
24		proceeding. An electronic voting system that uses a computer as
25		the marking device to mark a ballot sheet shall be capable of
26		producing a ballot sheet that contains all numerical ballot
27		positions selected by the voter, and provides a place for the
28		voter to cast a write-in vote for a candidate for a particular
29		numerical ballot position.
30		(d) The election authority shall provide an envelope,
31		sleeve or other device to each voter so the voter can deliver
32		the voted ballot sheet to the counting equipment and ballot box
33		without the votes indicated on the ballot sheet being visible
34		to other persons in the polling place.
35		(Source: P.A. 93-574, eff. 8-21-03; revised 10-9-03.)

1		Section 40. The Secretary of State Act is amended by
2		changing Section 10 as follows:
3		(15 ILCS 305/10) (from Ch. 124, par. 10)
4		Sec. 10. Whenever any bill which has passed both houses of
5		the General Assembly, and is not approved, or vetoed and
6		returned by the Governor, or filed with his objection in the
7		office of the Secretary of State, as required by Section 9, of
8		Article IV, of the Constitution, it shall be the duty of the
9		Secretary of State to authenticate the same by a certificate
10		thereon, to the following effect, as the case may be:
11		"This bill having remained with the Governor 60
12		calendar days after it was presented to him, the General
13		Assembly being in session, (or the Governor having failed
14		to return this bill to the General Assembly during its
15		session, and having failed to file it in my office, with
16		his objections, within such 60 calendar days, it has
17		thereby become a law.
18		Dated .............. 19
19		Signature ..............., Secretary of State".
20		(Source: P.A. 84-550; revised 9-24-03.)

21		Section 45. The Secretary of State Merit Employment Code is
22		amended by changing Section 10b.1 as follows:
23		(15 ILCS 310/10b.1) (from Ch. 124, par. 110b.1)
24		Sec. 10b.1. (a) Competitive examinations.
25		(a) For open competitive examinations to test the relative
26		fitness of applicants for the respective positions. Tests shall
27		be designed to eliminate those who are not qualified for
28		entrance into the Office of the Secretary of State and to
29		discover the relative fitness of those who are qualified. The
30		Director may use any one of or any combination of the following
31		examination methods which in his judgment best serves this end:
32		investigation of education and experience; test of cultural
33		knowledge; test of capacity; test of knowledge; test of manual

1		skill; test of linguistic ability; test of character; test of
2		physical skill; test of psychological fitness. No person with a
3		record of misdemeanor convictions except those under Sections
4		11-6, 11-7, 11-9, 11-14, 11-15, 11-17, 11-18, 11-19, 12-2,
5		12-6, 12-15, 14-4, 16-1, 21.1-3, 24-3.1, 24-5, 25-1, 28-3,
6		31-1, 31-4, 31-6, 31-7, 32-1, 32-2, 32-3, 32-4, 32-8 and
7		sub-sections 1, 6 and 8 of Section 24-1 of the Criminal Code of
8		1961, or arrested for any cause but not convicted thereon shall
9		be disqualified from taking such examinations or subsequent
10		appointment unless the person is attempting to qualify for a
11		position which would give him the powers of a peace officer, in
12		which case the person's conviction or arrest record may be
13		considered as a factor in determining the person's fitness for
14		the position. All examinations shall be announced publicly at
15		least 2 weeks in advance of the date of examinations and may be
16		advertised through the press, radio or other media.
17		The Director may, at his discretion, accept the results of
18		competitive examinations conducted by any merit system
19		established by Federal law or by the law of any State, and may
20		compile eligible lists therefrom or may add the names of
21		successful candidates in examinations conducted by those merit
22		systems to existing eligible lists in accordance with their
23		respective ratings. No person who is a non-resident of the
24		State of Illinois may be appointed from those eligible lists,
25		however, unless the requirement that applicants be residents of
26		the State of Illinois is waived by the Director of Personnel
27		and unless there are less than 3 Illinois residents available
28		for appointment from the appropriate eligible list. The results
29		of the examinations conducted by other merit systems may not be
30		used unless they are comparable in difficulty and
31		comprehensiveness to examinations conducted by the Department
32		of Personnel for similar positions. Special linguistic options
33		may also be established where deemed appropriate.
34		(b) The Director of Personnel may require that each person
35		seeking employment with the Secretary of State, as part of the
36		application process, authorize an investigation to determine

1		if the applicant has ever been convicted of a crime and if so,
2		the disposition of those convictions; this authorization shall
3		indicate the scope of the inquiry and the agencies which may be
4		contacted. Upon this authorization, the Director of Personnel
5		may request and receive information and assistance from any
6		federal, state or local governmental agency as part of the
7		authorized investigation. The investigation shall be
8		undertaken after the fingerprinting of an applicant in the form
9		and manner prescribed by the Department of State Police. The
10		investigation shall consist of a criminal history records check
11		performed by the Department of State Police and the Federal
12		Bureau of Investigation, or some other entity that has the
13		ability to check the applicant's fingerprints against the
14		fingerprint records now and hereafter filed in the Department
15		of State Police and Federal Bureau of Investigation criminal
16		history records databases. If the Department of State Police
17		and the Federal Bureau of Investigation conduct an
18		investigation directly for the Secretary of State's Office,
19		then the Department of State Police shall charge a fee for
20		conducting the criminal history records check, which shall be
21		deposited in the State Police Services Fund and shall not
22		exceed the actual cost of the records check. The Department of
23		State Police shall provide information concerning any criminal
24		convictions, and their disposition, brought against the
25		applicant or prospective employee of the Secretary of State
26		upon request of the Department of Personnel when the request is
27		made in the form and manner required by the Department of State
28		Police. The information derived from this investigation,
29		including the source of this information, and any conclusions
30		or recommendations derived from this information by the
31		Director of Personnel shall be provided to the applicant or
32		prospective employee, or his designee, upon request to the
33		Director of Personnel prior to any final action by the Director
34		of Personnel on the application. No information obtained from
35		such investigation may be placed in any automated information
36		system. Any criminal convictions and their disposition

1		information obtained by the Director of Personnel shall be
2		confidential and may not be transmitted outside the Office of
3		the Secretary of State, except as required herein, and may not
4		be transmitted to anyone within the Office of the Secretary of
5		State except as needed for the purpose of evaluating the
6		application. The only physical identity materials which the
7		applicant or prospective employee can be required to provide
8		the Director of Personnel are photographs or fingerprints;
9		these shall be returned to the applicant or prospective
10		employee upon request to the Director of Personnel, after the
11		investigation has been completed and no copy of these materials
12		may be kept by the Director of Personnel or any agency to which
13		such identity materials were transmitted. Only information and
14		standards which bear a reasonable and rational relation to the
15		performance of an employee shall be used by the Director of
16		Personnel. The Secretary of State shall adopt rules and
17		regulations for the administration of this Section. Any
18		employee of the Secretary of State who gives or causes to be
19		given away any confidential information concerning any
20		criminal convictions and their disposition of an applicant or
21		prospective employee shall be guilty of a Class A misdemeanor
22		unless release of such information is authorized by this
23		Section.
24		(Source: P.A. 93-418, eff. 1-1-04; revised 10-9-03.)

25		Section 50. The Deposit of State Moneys Act is amended by
26		changing Section 22.5 as follows:
27		(15 ILCS 520/22.5) (from Ch. 130, par. 41a)
28		Sec. 22.5. Permitted investments. The State Treasurer may,
29		with the approval of the Governor, invest and reinvest any
30		State money in the treasury which is not needed for current
31		expenditures due or about to become due, in obligations of the
32		United States government or its agencies or of National
33		Mortgage Associations established by or under the National
34		Housing Act, 1201 U.S.C. 1701 et seq., or in mortgage

1		participation certificates representing undivided interests in
2		specified, first-lien conventional residential Illinois
3		mortgages that are underwritten, insured, guaranteed, or
4		purchased by the Federal Home Loan Mortgage Corporation or in
5		Affordable Housing Program Trust Fund Bonds or Notes as defined
6		in and issued pursuant to the Illinois Housing Development Act.
7		All such obligations shall be considered as cash and may be
8		delivered over as cash by a State Treasurer to his successor.
9		The State Treasurer may, with the approval of the Governor,
10		purchase any state bonds with any money in the State Treasury
11		that has been set aside and held for the payment of the
12		principal of and interest on the bonds. The bonds shall be
13		considered as cash and may be delivered over as cash by the
14		State Treasurer to his successor.
15		The State Treasurer may, with the approval of the Governor,
16		invest or reinvest any State money in the treasury that is not
17		needed for current expenditure due or about to become due, or
18		any money in the State Treasury that has been set aside and
19		held for the payment of the principal of and the interest on
20		any State bonds, in shares, withdrawable accounts, and
21		investment certificates of savings and building and loan
22		associations, incorporated under the laws of this State or any
23		other state or under the laws of the United States; provided,
24		however, that investments may be made only in those savings and
25		loan or building and loan associations the shares and
26		withdrawable accounts or other forms of investment securities
27		of which are insured by the Federal Deposit Insurance
28		Corporation.
29		The State Treasurer may not invest State money in any
30		savings and loan or building and loan association unless a
31		commitment by the savings and loan (or building and loan)
32		association, executed by the president or chief executive
33		officer of that association, is submitted in the following
34		form:
35		The .................. Savings and Loan (or Building
36		and Loan) Association pledges not to reject arbitrarily

1		mortgage loans for residential properties within any
2		specific part of the community served by the savings and
3		loan (or building and loan) association because of the
4		location of the property. The savings and loan (or building
5		and loan) association also pledges to make loans available
6		on low and moderate income residential property throughout
7		the community within the limits of its legal restrictions
8		and prudent financial practices.
9		The State Treasurer may, with the approval of the Governor,
10		invest or reinvest, at a price not to exceed par, any State
11		money in the treasury that is not needed for current
12		expenditures due or about to become due, or any money in the
13		State Treasury that has been set aside and held for the payment
14		of the principal of and interest on any State bonds, in bonds
15		issued by counties or municipal corporations of the State of
16		Illinois.
17		The State Treasurer may, with the approval of the Governor,
18		invest or reinvest any State money in the Treasury which is not
19		needed for current expenditure, due or about to become due, or
20		any money in the State Treasury which has been set aside and
21		held for the payment of the principal of and the interest on
22		any State bonds, in participations in loans, the principal of
23		which participation is fully guaranteed by an agency or
24		instrumentality of the United States government; provided,
25		however, that such loan participations are represented by
26		certificates issued only by banks which are incorporated under
27		the laws of this State or any other state or under the laws of
28		the United States, and such banks, but not the loan
29		participation certificates, are insured by the Federal Deposit
30		Insurance Corporation.
31		The State Treasurer may, with the approval of the Governor,
32		invest or reinvest any State money in the Treasury that is not
33		needed for current expenditure, due or about to become due, or
34		any money in the State Treasury that has been set aside and
35		held for the payment of the principal of and the interest on
36		any State bonds, in any of the following:

1		(1) Bonds, notes, certificates of indebtedness,
2		Treasury bills, or other securities now or hereafter issued
3		that are guaranteed by the full faith and credit of the
4		United States of America as to principal and interest.
5		(2) Bonds, notes, debentures, or other similar
6		obligations of the United States of America, its agencies,
7		and instrumentalities.
8		(2.5) Bonds, notes, debentures, or other similar
9		obligations of a foreign government that are guaranteed by
10		the full faith and credit of that government as to
11		principal and interest, but only if the foreign government
12		has not defaulted and has met its payment obligations in a
13		timely manner on all similar obligations for a period of at
14		least 25 years immediately before the time of acquiring
15		those obligations.
16		(3) Interest-bearing savings accounts,
17		interest-bearing certificates of deposit, interest-bearing
18		time deposits, or any other investments constituting
19		direct obligations of any bank as defined by the Illinois
20		Banking Act.
21		(4) Interest-bearing accounts, certificates of
22		deposit, or any other investments constituting direct
23		obligations of any savings and loan associations
24		incorporated under the laws of this State or any other
25		state or under the laws of the United States.
26		(5) Dividend-bearing share accounts, share certificate
27		accounts, or class of share accounts of a credit union
28		chartered under the laws of this State or the laws of the
29		United States; provided, however, the principal office of
30		the credit union must be located within the State of
31		Illinois.
32		(6) Bankers' acceptances of banks whose senior
33		obligations are rated in the top 2 rating categories by 2
34		national rating agencies and maintain that rating during
35		the term of the investment.
36		(7) Short-term obligations of corporations organized

1		in the United States with assets exceeding $500,000,000 if
2		(i) the obligations are rated at the time of purchase at
3		one of the 3 highest classifications established by at
4		least 2 standard rating services and mature not later than
5		180 days from the date of purchase, (ii) the purchases do
6		not exceed 10% of the corporation's outstanding
7		obligations, and (iii) no more than one-third of the public
8		agency's funds are invested in short-term obligations of
9		corporations.
10		(8) Money market mutual funds registered under the
11		Investment Company Act of 1940, provided that the portfolio
12		of the money market mutual fund is limited to obligations
13		described in this Section and to agreements to repurchase
14		such obligations.
15		(9) The Public Treasurers' Investment Pool created
16		under Section 17 of the State Treasurer Act or in a fund
17		managed, operated, and administered by a bank.
18		(10) Repurchase agreements of government securities
19		having the meaning set out in the Government Securities Act
20		of 1986 subject to the provisions of that Act and the
21		regulations issued thereunder.
22		(11) Investments made in accordance with the
23		Technology Development Act.
24		For purposes of this Section, "agencies" of the United
25		States Government includes:
26		(i) the federal land banks, federal intermediate
27		credit banks, banks for cooperatives, federal farm credit
28		banks, or any other entity authorized to issue debt
29		obligations under the Farm Credit Act of 1971 (12 U.S.C.
30		2001 et seq.) and Acts amendatory thereto;
31		(ii) the federal home loan banks and the federal home
32		loan mortgage corporation;
33		(iii) the Commodity Credit Corporation; and
34		(iv) any other agency created by Act of Congress.
35		The Treasurer may, with the approval of the Governor, lend
36		any securities acquired under this Act. However, securities may

1		be lent under this Section only in accordance with Federal
2		Financial Institution Examination Council guidelines and only
3		if the securities are collateralized at a level sufficient to
4		assure the safety of the securities, taking into account market
5		value fluctuation. The securities may be collateralized by cash
6		or collateral acceptable under Sections 11 and 11.1.
7		(Source: P.A. 92-546, eff. 1-1-03; 92-851, eff. 8-26-02;
8		revised 9-19-02.)

9		Section 55. The Department of Central Management Services
10		Law of the Civil Administrative Code of Illinois is amended by
11		changing Section 405-292 as follows:
12		(20 ILCS 405/405-292)
13		Sec. 405-292. Business processing reengineering; planning
14		for a more efficient government.
15		(a) The Department shall be responsible for recommending to
16		the Governor efficiency initiatives to reorganize,
17		restructure, and reengineer the business processes of the
18		State. In performing this responsibility the Department shall
19		have the power and duty to do the following:
20		(1) propose the transfer, consolidation,
21		reorganization, restructuring, reengineering, or
22		elimination of programs, processes, or functions in order
23		to attain efficiency in operations and cost savings through
24		the efficiency initiatives; .
25		(2) control the procurement of contracted services in
26		connection with the efficiency initiatives to assist in the
27		analysis, design, planning, and implementation of
28		proposals approved by the Governor to attain efficiency in
29		operations and cost savings; and
30		(3) establish the amount of cost savings to be realized
31		by State agencies from implementing the efficiency
32		initiatives, which shall be paid to the Department for
33		deposit into the Efficiency Initiatives Revolving Fund.
34		(b) For the purposes of this Section, "State agencies"

1		means all departments, boards, commissions, and agencies of the
2		State of Illinois subject to the Governor.
3		(Source: P.A. 93-25, eff. 6-20-03; revised 10-9-03.)

4		Section 60. The Children and Family Services Act is amended
5		by changing Section 7 as follows:
6		(20 ILCS 505/7) (from Ch. 23, par. 5007)
7		Sec. 7. Placement of children; considerations.
8		(a) In placing any child under this Act, the Department
9		shall place such child, as far as possible, in the care and
10		custody of some individual holding the same religious belief as
11		the parents of the child, or with some child care facility
12		which is operated by persons of like religious faith as the
13		parents of such child.
14		(b) In placing a child under this Act, the Department may
15		place a child with a relative if the Department has reason to
16		believe that the relative will be able to adequately provide
17		for the child's safety and welfare. The Department may not
18		place a child with a relative, with the exception of certain
19		circumstances which may be waived as defined by the Department
20		in rules, if the results of a check of the Law Enforcement
21		Agencies Agency Data System (LEADS) identifies a prior criminal
22		conviction of the relative or any adult member of the
23		relative's household for any of the following offenses under
24		the Criminal Code of 1961:
25		(1) murder;
26		(1.1) solicitation of murder;
27		(1.2) solicitation of murder for hire;
28		(1.3) intentional homicide of an unborn child;
29		(1.4) voluntary manslaughter of an unborn child;
30		(1.5) involuntary manslaughter;
31		(1.6) reckless homicide;
32		(1.7) concealment of a homicidal death;
33		(1.8) involuntary manslaughter of an unborn child;
34		(1.9) reckless homicide of an unborn child;

1		(1.10) drug-induced homicide;
2		(2) a sex offense under Article 11, except offenses
3		described in Sections 11-7, 11-8, 11-12, and 11-13;
4		(3) kidnapping;
5		(3.1) aggravated unlawful restraint;
6		(3.2) forcible detention;
7		(3.3) aiding and abetting child abduction;
8		(4) aggravated kidnapping;
9		(5) child abduction;
10		(6) aggravated battery of a child;
11		(7) criminal sexual assault;
12		(8) aggravated criminal sexual assault;
13		(8.1) predatory criminal sexual assault of a child;
14		(9) criminal sexual abuse;
15		(10) aggravated sexual abuse;
16		(11) heinous battery;
17		(12) aggravated battery with a firearm;
18		(13) tampering with food, drugs, or cosmetics;
19		(14) drug-induced infliction of great bodily harm;
20		(15) aggravated stalking;
21		(16) home invasion;
22		(17) vehicular invasion;
23		(18) criminal transmission of HIV;
24		(19) criminal abuse or neglect of an elderly or
25		disabled person;
26		(20) child abandonment;
27		(21) endangering the life or health of a child;
28		(22) ritual mutilation;
29		(23) ritualized abuse of a child;
30		(24) an offense in any other state the elements of
31		which are similar and bear a substantial relationship to
32		any of the foregoing offenses.
33		For the purpose of this subsection, "relative" shall include
34		any person, 21 years of age or over, other than the parent, who
35		(i) is currently related to the child in any of the following
36		ways by blood or adoption: grandparent, sibling,

1		great-grandparent, uncle, aunt, nephew, niece, first cousin,
2		second cousin, godparent, great-uncle, or great-aunt; or (ii)
3		is the spouse of such a relative; or (iii) is the child's
4		step-father, step-mother, or adult step-brother or
5		step-sister; "relative" also includes a person related in any
6		of the foregoing ways to a sibling of a child, even though the
7		person is not related to the child, when the child and its
8		sibling are placed together with that person. A relative with
9		whom a child is placed pursuant to this subsection may, but is
10		not required to, apply for licensure as a foster family home
11		pursuant to the Child Care Act of 1969; provided, however, that
12		as of July 1, 1995, foster care payments shall be made only to
13		licensed foster family homes pursuant to the terms of Section 5
14		of this Act.
15		(c) In placing a child under this Act, the Department shall
16		ensure that the child's health, safety, and best interests are
17		met in making a family foster care placement. The Department
18		shall consider the individual needs of the child and the
19		capacity of the prospective foster or adoptive parents to meet
20		the needs of the child. When a child must be placed outside his
21		or her home and cannot be immediately returned to his or her
22		parents or guardian, a comprehensive, individualized
23		assessment shall be performed of that child at which time the
24		needs of the child shall be determined. Only if race, color, or
25		national origin is identified as a legitimate factor in
26		advancing the child's best interests shall it be considered.
27		Race, color, or national origin shall not be routinely
28		considered in making a placement decision. The Department shall
29		make special efforts for the diligent recruitment of potential
30		foster and adoptive families that reflect the ethnic and racial
31		diversity of the children for whom foster and adoptive homes
32		are needed. "Special efforts" shall include contacting and
33		working with community organizations and religious
34		organizations and may include contracting with those
35		organizations, utilizing local media and other local
36		resources, and conducting outreach activities.

1		(c-1) At the time of placement, the Department shall
2		consider concurrent planning, as described in subsection (l-1)
3		of Section 5, so that permanency may occur at the earliest
4		opportunity. Consideration should be given so that if
5		reunification fails or is delayed, the placement made is the
6		best available placement to provide permanency for the child.
7		(d) The Department may accept gifts, grants, offers of
8		services, and other contributions to use in making special
9		recruitment efforts.
10		(e) The Department in placing children in adoptive or
11		foster care homes may not, in any policy or practice relating
12		to the placement of children for adoption or foster care,
13		discriminate against any child or prospective adoptive or
14		foster parent on the basis of race.
15		(Source: P.A. 92-192, eff. 1-1-02; 92-328, eff. 1-1-02; 92-334,
16		eff. 8-10-01; 92-651, eff. 7-11-02; revised 2-17-03.)

17		Section 65. The Illinois Enterprise Zone Act is amended by
18		changing Section 5.5 as follows:
19		(20 ILCS 655/5.5) (from Ch. 67 1/2, par. 609.1)
20		Sec. 5.5. High Impact Business.
21		(a) In order to respond to unique opportunities to assist
22		in the encouragement, development, growth and expansion of the
23		private sector through large scale investment and development
24		projects, the Department is authorized to receive and approve
25		applications for the designation of "High Impact Businesses" in
26		Illinois subject to the following conditions:
27		(1) such applications may be submitted at any time
28		during the year;
29		(2) such business is not located, at the time of
30		designation, in an enterprise zone designated pursuant to
31		this Act;
32		(3) (A) the business intends to make a minimum
33		investment of $12,000,000 which will be placed in
34		service in qualified property and intends to create 500

1		full-time equivalent jobs at a designated location in
2		Illinois or intends to make a minimum investment of
3		$30,000,000 which will be placed in service in
4		qualified property and intends to retain 1,500
5		full-time jobs at a designated location in Illinois.
6		The business must certify in writing that the
7		investments would not be placed in service in qualified
8		property and the job creation or job retention would
9		not occur without the tax credits and exemptions set
10		forth in subsection (b) of this Section. The terms
11		"placed in service" and "qualified property" have the
12		same meanings as described in subsection (h) of Section
13		201 of the Illinois Income Tax Act; or
14		(B) the business intends to establish a new
15		electric generating facility at a designated location
16		in Illinois. "New electric generating facility", for
17		purposes of this Section, means a newly-constructed
18		electric generation plant or a newly-constructed
19		generation capacity expansion at an existing electric
20		generation plant, including the transmission lines and
21		associated equipment that transfers electricity from
22		points of supply to points of delivery, and for which
23		such new foundation construction commenced not sooner
24		than July 1, 2001. Such facility shall be designed to
25		provide baseload electric generation and shall operate
26		on a continuous basis throughout the year; and shall
27		have an aggregate rated generating capacity of at least
28		1,000 megawatts for all new units at one site if it
29		uses natural gas as its primary fuel and foundation
30		construction of the facility is commenced on or before
31		December 31, 2004, or shall have an aggregate rated
32		generating capacity of at least 400 megawatts for all
33		new units at one site if it uses coal or gases derived
34		from coal as its primary fuel and shall support the
35		creation of at least 150 new Illinois coal mining jobs.
36		The business must certify in writing that the

1		investments necessary to establish a new electric
2		generating facility would not be placed in service and
3		the job creation in the case of a coal-fueled plant
4		would not occur without the tax credits and exemptions
5		set forth in subsection (b-5) of this Section. The term
6		"placed in service" has the same meaning as described
7		in subsection (h) of Section 201 of the Illinois Income
8		Tax Act; or
9		(C) the business intends to establish production
10		operations at a new coal mine, re-establish production
11		operations at a closed coal mine, or expand production
12		at an existing coal mine at a designated location in
13		Illinois not sooner than July 1, 2001; provided that
14		the production operations result in the creation of 150
15		new Illinois coal mining jobs as described in
16		subdivision (a)(3)(B) of this Section, and further
17		provided that the coal extracted from such mine is
18		utilized as the predominant source for a new electric
19		generating facility. The business must certify in
20		writing that the investments necessary to establish a
21		new, expanded, or reopened coal mine would not be
22		placed in service and the job creation would not occur
23		without the tax credits and exemptions set forth in
24		subsection (b-5) of this Section. The term "placed in
25		service" has the same meaning as described in
26		subsection (h) of Section 201 of the Illinois Income
27		Tax Act; or
28		(D) the business intends to construct new
29		transmission facilities or upgrade existing
30		transmission facilities at designated locations in
31		Illinois, for which construction commenced not sooner
32		than July 1, 2001. For the purposes of this Section,
33		"transmission facilities" means transmission lines
34		with a voltage rating of 115 kilovolts or above,
35		including associated equipment, that transfer
36		electricity from points of supply to points of delivery

1		and that transmit a majority of the electricity
2		generated by a new electric generating facility
3		designated as a High Impact Business in accordance with
4		this Section. The business must certify in writing that
5		the investments necessary to construct new
6		transmission facilities or upgrade existing
7		transmission facilities would not be placed in service
8		without the tax credits and exemptions set forth in
9		subsection (b-5) of this Section. The term "placed in
10		service" has the same meaning as described in
11		subsection (h) of Section 201 of the Illinois Income
12		Tax Act; and
13		(4) no later than 90 days after an application is
14		submitted, the Department shall notify the applicant of the
15		Department's determination of the qualification of the
16		proposed High Impact Business under this Section.
17		(b) Businesses designated as High Impact Businesses
18		pursuant to subdivision (a)(3)(A) of this Section shall qualify
19		for the credits and exemptions described in the following Acts:
20		Section 9-222 and Section 9-222.1A of the Public Utilities Act,
21		subsection (h) of Section 201 of the Illinois Income Tax Act, ;
22		and, Section 1d of the Retailers' Occupation Tax Act; , provided
23		that these credits and exemptions described in these Acts shall
24		not be authorized until the minimum investments set forth in
25		subdivision (a)(3)(A) of this Section have been placed in
26		service in qualified properties and, in the case of the
27		exemptions described in the Public Utilities Act and Section 1d
28		of the Retailers' Occupation Tax Act, the minimum full-time
29		equivalent jobs or full-time jobs set forth in subdivision
30		(a)(3)(A) of this Section have been created or retained.
31		Businesses designated as High Impact Businesses under this
32		Section shall also qualify for the exemption described in
33		Section 5l of the Retailers' Occupation Tax Act. The credit
34		provided in subsection (h) of Section 201 of the Illinois
35		Income Tax Act shall be applicable to investments in qualified
36		property as set forth in subdivision (a)(3)(A) of this Section.

1		(b-5) Businesses designated as High Impact Businesses
2		pursuant to subdivisions (a)(3)(B), (a)(3)(C), and (a)(3)(D)
3		of this Section shall qualify for the credits and exemptions
4		described in the following Acts: Section 51 of the Retailers'
5		Occupation Tax Act, Section 9-222 and Section 9-222.1A of the
6		Public Utilities Act, and subsection (h) of Section 201 of the
7		Illinois Income Tax Act; however, the credits and exemptions
8		authorized under Section 9-222 and Section 9-222.1A of the
9		Public Utilities Act, and subsection (h) of Section 201 of the
10		Illinois Income Tax Act shall not be authorized until the new
11		electric generating facility, the new transmission facility,
12		or the new, expanded, or reopened coal mine is operational,
13		except that a new electric generating facility whose primary
14		fuel source is natural gas is eligible only for the exemption
15		under Section 5l of the Retailers' Occupation Tax Act.
16		(c) High Impact Businesses located in federally designated
17		foreign trade zones or sub-zones are also eligible for
18		additional credits, exemptions and deductions as described in
19		the following Acts: Section 9-221 and Section 9-222.1 of the
20		Public Utilities Act; and subsection (g) of Section 201, and
21		Section 203 of the Illinois Income Tax Act.
22		(d) Existing Illinois businesses which apply for
23		designation as a High Impact Business must provide the
24		Department with the prospective plan for which 1,500 full-time
25		jobs would be eliminated in the event that the business is not
26		designated.
27		(e) New proposed facilities which apply for designation as
28		High Impact Business must provide the Department with proof of
29		alternative non-Illinois sites which would receive the
30		proposed investment and job creation in the event that the
31		business is not designated as a High Impact Business.
32		(f) In the event that a business is designated a High
33		Impact Business and it is later determined after reasonable
34		notice and an opportunity for a hearing as provided under the
35		Illinois Administrative Procedure Act, that the business would
36		have placed in service in qualified property the investments

1		and created or retained the requisite number of jobs without
2		the benefits of the High Impact Business designation, the
3		Department shall be required to immediately revoke the
4		designation and notify the Director of the Department of
5		Revenue who shall begin proceedings to recover all wrongfully
6		exempted State taxes with interest. The business shall also be
7		ineligible for all State funded Department programs for a
8		period of 10 years.
9		(g) The Department shall revoke a High Impact Business
10		designation if the participating business fails to comply with
11		the terms and conditions of the designation.
12		(h) Prior to designating a business, the Department shall
13		provide the members of the General Assembly and Illinois
14		Economic and Fiscal Commission with a report setting forth the
15		terms and conditions of the designation and guarantees that
16		have been received by the Department in relation to the
17		proposed business being designated.
18		(Source: P.A. 91-914, eff. 7-7-00; 92-12, eff. 7-1-01; revised
19		3-7-02.)

20		Section 70. The Illinois Renewable Fuels Development
21		Program Act is amended by renumbering Section 905 as follows:
22		(20 ILCS 689/95) (was 20 ILCS 689/905)
23		Sec. 95. 905. (Amendatory provisions; text omitted).
24		(Source: P.A. 93-15, eff. 6-11-03; text omitted; revised
25		8-1-03.)

26		Section 75. The Department of Natural Resources Act is
27		amended by setting forth and renumbering multiple versions of
28		Section 1-30 as follows:
29		(20 ILCS 801/1-30)
30		Sec. 1-30. Badges. The Director must authorize to each
31		Conservation Police Officer and to any other employee of the
32		Department exercising the powers of a peace officer a distinct

1		badge that, on its face, (i) clearly states that the badge is
2		authorized by the Department and (ii) contains a unique
3		identifying number. No other badge shall be authorized by the
4		Department. Nothing in this Section prohibits the Director from
5		issuing shields or other distinctive identification to
6		employees not exercising the powers of a peace officer if the
7		Director determines that a shield or distinctive
8		identification is needed by the employee to carry out his or
9		her responsibilities.
10		(Source: P.A. 93-423, eff. 8-5-03.)
11		(20 ILCS 801/1-35)
12		Sec. 1-35. 1-30. Aquifer study. The Department shall
13		conduct a study to (i) develop an understanding of the geology
14		of each aquifer in the State; (ii) determine the groundwater
15		flow through the geologic units and the interaction of the
16		groundwater with surface waters; (iii) analyze current
17		groundwater withdrawals; and (iv) determine the chemistry of
18		the geologic units and the groundwater in those units. Based
19		upon information obtained from the study, the Department shall
20		develop geologic and groundwater flow models for each
21		underground aquifer in the State showing the impact of adding
22		future wells or of future groundwater withdrawals.
23		(Source: P.A. 93-608, eff. 11-20-03; revised 1-10-04.)

24		Section 80. The Energy Conservation and Coal Development
25		Act is amended by changing Section 15 as follows:
26		(20 ILCS 1105/15) (from Ch. 96 1/2, par. 7415)
27		Sec. 15. (a) The Department, in cooperation with the
28		Illinois Finance Authority, shall establish a program to assist
29		units of local government, as defined in the Illinois Finance
30		Authority Act, to identify and arrange financing for energy
31		conservation projects for buildings and facilities owned or
32		leased by those units of local government.
33		(b) The Department, in cooperation with the Illinois

1		Finance Authority, shall establish a program to assist health
2		facilities to identify and arrange financing for energy
3		conservation projects for buildings and facilities owned or
4		leased by those health facilities.
5		(Source: P.A. 93-205 (Sections 890-4 and 890-39), eff. 1-1-04;
6		revised 9-23-03.)

7		Section 85. The Department of Human Services Act is amended
8		by setting forth and renumbering multiple versions of Section
9		10-35 as follows:
10		(20 ILCS 1305/10-35)
11		Sec. 10-35. Folic acid; public information campaign. The
12		Department, in consultation with the Department of Public
13		Health, shall conduct a public information campaign to (i)
14		educate women about the benefits of consuming folic acid before
15		and during pregnancy to improve their chances of having a
16		healthy baby and (ii) increase the consumption of folic acid by
17		women of child-bearing age. The campaign must include
18		information about the sources of folic acid.
19		(Source: P.A. 93-84, eff. 1-1-04.)
20		(20 ILCS 1305/10-40)
21		Sec. 10-40 10-35. Recreational programs; handicapped;
22		grants. The Department of Human Services, subject to
23		appropriation, may make grants to special recreation
24		associations for the operation of recreational programs for the
25		handicapped, including both physically and mentally
26		handicapped, and transportation to and from those programs. The
27		grants should target unserved or underserved populations, such
28		as persons with brain injuries, persons who are medically
29		fragile, and adults who have acquired disabling conditions. The
30		Department must adopt rules to implement the grant program.
31		(Source: P.A. 93-107, eff. 7-8-03; revised 9-24-03.)
32		(20 ILCS 1305/10-45)

1		Sec. 10-45 10-35. Hispanic/Latino Teen Pregnancy
2		Prevention and Intervention Initiative.
3		(a) The Department is authorized to establish a
4		Hispanic/Latino Teen Pregnancy Prevention and Intervention
5		Initiative program.
6		(b) As a part of the program established under subsection
7		(a), the Department is authorized to award a grant to a
8		qualified entity for the purpose of conducting research,
9		education, and prevention activities to reduce pregnancy among
10		Hispanic teenagers.
11		(Source: P.A. 93-515, eff. 1-1-04; revised 9-24-03.)

12		Section 90. The Criminal Identification Act is amended by
13		changing Section 5 as follows:
14		(20 ILCS 2630/5) (from Ch. 38, par. 206-5)
15		Sec. 5. Arrest reports; expungement.
16		(a) All policing bodies of this State shall furnish to the
17		Department, daily, in the form and detail the Department
18		requires, fingerprints and descriptions of all persons who are
19		arrested on charges of violating any penal statute of this
20		State for offenses that are classified as felonies and Class A
21		or B misdemeanors and of all minors of the age of 10 and over
22		who have been arrested for an offense which would be a felony
23		if committed by an adult, and may forward such fingerprints and
24		descriptions for minors arrested for Class A or B misdemeanors.
25		Moving or nonmoving traffic violations under the Illinois
26		Vehicle Code shall not be reported except for violations of
27		Chapter 4, Section 11-204.1, or Section 11-501 of that Code. In
28		addition, conservation offenses, as defined in the Supreme
29		Court Rule 501(c), that are classified as Class B misdemeanors
30		shall not be reported.
31		Whenever an adult or minor prosecuted as an adult, not
32		having previously been convicted of any criminal offense or
33		municipal ordinance violation, charged with a violation of a
34		municipal ordinance or a felony or misdemeanor, is acquitted or

1		released without being convicted, whether the acquittal or
2		release occurred before, on, or after the effective date of
3		this amendatory Act of 1991, the Chief Judge of the circuit
4		wherein the charge was brought, any judge of that circuit
5		designated by the Chief Judge, or in counties of less than
6		3,000,000 inhabitants, the presiding trial judge at the
7		defendant's trial may upon verified petition of the defendant
8		order the record of arrest expunged from the official records
9		of the arresting authority and the Department and order that
10		the records of the clerk of the circuit court be sealed until
11		further order of the court upon good cause shown and the name
12		of the defendant obliterated on the official index required to
13		be kept by the circuit court clerk under Section 16 of the
14		Clerks of Courts Act, but the order shall not affect any index
15		issued by the circuit court clerk before the entry of the
16		order. The Department may charge the petitioner a fee
17		equivalent to the cost of processing any order to expunge or
18		seal the records, and the fee shall be deposited into the State
19		Police Services Fund. The records of those arrests, however,
20		that result in a disposition of supervision for any offense
21		shall not be expunged from the records of the arresting
22		authority or the Department nor impounded by the court until 2
23		years after discharge and dismissal of supervision. Those
24		records that result from a supervision for a violation of
25		Section 3-707, 3-708, 3-710, 5-401.3, or 11-503 of the Illinois
26		Vehicle Code or a similar provision of a local ordinance, or
27		for a violation of Section 12-3.2, 12-15 or 16A-3 of the
28		Criminal Code of 1961, or probation under Section 10 of the
29		Cannabis Control Act, Section 410 of the Illinois Controlled
30		Substances Act, Section 12-4.3(b)(1) and (2) of the Criminal
31		Code of 1961 (as those provisions existed before their deletion
32		by Public Act 89-313), Section 10-102 of the Illinois
33		Alcoholism and Other Drug Dependency Act when the judgment of
34		conviction has been vacated, Section 40-10 of the Alcoholism
35		and Other Drug Abuse and Dependency Act when the judgment of
36		conviction has been vacated, or Section 10 of the Steroid

1		Control Act shall not be expunged from the records of the
2		arresting authority nor impounded by the court until 5 years
3		after termination of probation or supervision. Those records
4		that result from a supervision for a violation of Section
5		11-501 of the Illinois Vehicle Code or a similar provision of a
6		local ordinance, shall not be expunged. All records set out
7		above may be ordered by the court to be expunged from the
8		records of the arresting authority and impounded by the court
9		after 5 years, but shall not be expunged by the Department, but
10		shall, on court order be sealed by the Department and may be
11		disseminated by the Department only as required by law or to
12		the arresting authority, the State's Attorney, and the court
13		upon a later arrest for the same or a similar offense or for
14		the purpose of sentencing for any subsequent felony. Upon
15		conviction for any offense, the Department of Corrections shall
16		have access to all sealed records of the Department pertaining
17		to that individual.
18		(a-5) Those records maintained by the Department for
19		persons arrested prior to their 17th birthday shall be expunged
20		as provided in Section 5-915 of the Juvenile Court Act of 1987.
21		(b) Whenever a person has been convicted of a crime or of
22		the violation of a municipal ordinance, in the name of a person
23		whose identity he has stolen or otherwise come into possession
24		of, the aggrieved person from whom the identity was stolen or
25		otherwise obtained without authorization, upon learning of the
26		person having been arrested using his identity, may, upon
27		verified petition to the chief judge of the circuit wherein the
28		arrest was made, have a court order entered nunc pro tunc by
29		the chief judge to correct the arrest record, conviction
30		record, if any, and all official records of the arresting
31		authority, the Department, other criminal justice agencies,
32		the prosecutor, and the trial court concerning such arrest, if
33		any, by removing his name from all such records in connection
34		with the arrest and conviction, if any, and by inserting in the
35		records the name of the offender, if known or ascertainable, in
36		lieu of the aggrieved's name. The records of the clerk of the

1		circuit court clerk shall be sealed until further order of the
2		court upon good cause shown and the name of the aggrieved
3		person obliterated on the official index required to be kept by
4		the circuit court clerk under Section 16 of the Clerks of
5		Courts Act, but the order shall not affect any index issued by
6		the circuit court clerk before the entry of the order. Nothing
7		in this Section shall limit the Department of State Police or
8		other criminal justice agencies or prosecutors from listing
9		under an offender's name the false names he or she has used.
10		For purposes of this Section, convictions for moving and
11		nonmoving traffic violations other than convictions for
12		violations of Chapter 4, Section 11-204.1 or Section 11-501 of
13		the Illinois Vehicle Code shall not be a bar to expunging the
14		record of arrest and court records for violation of a
15		misdemeanor or municipal ordinance.
16		(c) Whenever a person who has been convicted of an offense
17		is granted a pardon by the Governor which specifically
18		authorizes expungement, he may, upon verified petition to the
19		chief judge of the circuit where the person had been convicted,
20		any judge of the circuit designated by the Chief Judge, or in
21		counties of less than 3,000,000 inhabitants, the presiding
22		trial judge at the defendant's trial, may have a court order
23		entered expunging the record of arrest from the official
24		records of the arresting authority and order that the records
25		of the clerk of the circuit court and the Department be sealed
26		until further order of the court upon good cause shown or as
27		otherwise provided herein, and the name of the defendant
28		obliterated from the official index requested to be kept by the
29		circuit court clerk under Section 16 of the Clerks of Courts
30		Act in connection with the arrest and conviction for the
31		offense for which he had been pardoned but the order shall not
32		affect any index issued by the circuit court clerk before the
33		entry of the order. All records sealed by the Department may be
34		disseminated by the Department only as required by law or to
35		the arresting authority, the State's Attorney, and the court
36		upon a later arrest for the same or similar offense or for the

1		purpose of sentencing for any subsequent felony. Upon
2		conviction for any subsequent offense, the Department of
3		Corrections shall have access to all sealed records of the
4		Department pertaining to that individual. Upon entry of the
5		order of expungement, the clerk of the circuit court shall
6		promptly mail a copy of the order to the person who was
7		pardoned.
8		(c-5) Whenever a person has been convicted of criminal
9		sexual assault, aggravated criminal sexual assault, predatory
10		criminal sexual assault of a child, criminal sexual abuse, or
11		aggravated criminal sexual abuse, the victim of that offense
12		may request that the State's Attorney of the county in which
13		the conviction occurred file a verified petition with the
14		presiding trial judge at the defendant's trial to have a court
15		order entered to seal the records of the clerk of the circuit
16		court in connection with the proceedings of the trial court
17		concerning that offense. However, the records of the arresting
18		authority and the Department of State Police concerning the
19		offense shall not be sealed. The court, upon good cause shown,
20		shall make the records of the clerk of the circuit court in
21		connection with the proceedings of the trial court concerning
22		the offense available for public inspection.
23		(c-6) If a conviction has been set aside on direct review
24		or on collateral attack and the court determines by clear and
25		convincing evidence that the defendant was factually innocent
26		of the charge, the court shall enter an expungement order as
27		provided in subsection (b) of Section 5-5-4 of the Unified Code
28		of Corrections.
29		(d) Notice of the petition for subsections (a), (b), and
30		(c) shall be served upon the State's Attorney or prosecutor
31		charged with the duty of prosecuting the offense, the
32		Department of State Police, the arresting agency and the chief
33		legal officer of the unit of local government affecting the
34		arrest. Unless the State's Attorney or prosecutor, the
35		Department of State Police, the arresting agency or such chief
36		legal officer objects to the petition within 30 days from the

1		date of the notice, the court shall enter an order granting or
2		denying the petition. The clerk of the court shall promptly
3		mail a copy of the order to the person, the arresting agency,
4		the prosecutor, the Department of State Police and such other
5		criminal justice agencies as may be ordered by the judge.
6		(e) Nothing herein shall prevent the Department of State
7		Police from maintaining all records of any person who is
8		admitted to probation upon terms and conditions and who
9		fulfills those terms and conditions pursuant to Section 10 of
10		the Cannabis Control Act, Section 410 of the Illinois
11		Controlled Substances Act, Section 12-4.3 of the Criminal Code
12		of 1961, Section 10-102 of the Illinois Alcoholism and Other
13		Drug Dependency Act, Section 40-10 of the Alcoholism and Other
14		Drug Abuse and Dependency Act, or Section 10 of the Steroid
15		Control Act.
16		(f) No court order issued pursuant to the expungement
17		provisions of this Section shall become final for purposes of
18		appeal until 30 days after notice is received by the
19		Department. Any court order contrary to the provisions of this
20		Section is void.
21		(g) Except as otherwise provided in subsection (c-5) of
22		this Section, the court shall not order the sealing or
23		expungement of the arrest records and records of the circuit
24		court clerk of any person granted supervision for or convicted
25		of any sexual offense committed against a minor under 18 years
26		of age. For the purposes of this Section, "sexual offense
27		committed against a minor" includes but is not limited to the
28		offenses of indecent solicitation of a child or criminal sexual
29		abuse when the victim of such offense is under 18 years of age.
30		(h) (1) Notwithstanding any other provision of this Act to
31		the contrary and cumulative with any rights to expungement of
32		criminal records, whenever an adult or minor prosecuted as an
33		adult charged with a violation of a municipal ordinance or a
34		misdemeanor is acquitted or released without being convicted,
35		or if the person is convicted but the conviction is reversed,
36		or if the person has been placed on supervision for a

1		misdemeanor and has not been convicted of a felony or
2		misdemeanor or placed on supervision for a misdemeanor within 3
3		years after the acquittal or release or reversal of conviction,
4		or the completion of the terms and conditions of the
5		supervision, if the acquittal, release, finding of not guilty,
6		or reversal of conviction occurred on or after the effective
7		date of this amendatory Act of the 93rd General Assembly, the
8		Chief Judge of the circuit in which the charge was brought may
9		have the official records of the arresting authority, the
10		Department, and the clerk of the circuit court sealed 3 years
11		after the dismissal of the charge, the finding of not guilty,
12		the reversal of conviction, or the completion of the terms and
13		conditions of the supervision, except those records are subject
14		to inspection and use by the court for the purposes of
15		subsequent sentencing for misdemeanor and felony violations
16		and inspection and use by law enforcement agencies and State's
17		Attorneys or other prosecutors in carrying out the duties of
18		their offices. This subsection (h) does not apply to persons
19		placed on supervision for: (1) a violation of Section 11-501 of
20		the Illinois Vehicle Code or a similar provision of a local
21		ordinance; (2) a misdemeanor violation of Article 11 of the
22		Criminal Code of 1961 or a similar provision of a local
23		ordinance; (3) a misdemeanor violation of Section 12-15, 12-30,
24		or 26-5 of the Criminal Code of 1961 or a similar provision of
25		a local ordinance; (4) a misdemeanor violation that is a crime
26		of violence as defined in Section 2 of the Crime Victims
27		Compensation Act or a similar provision of a local ordinance;
28		(5) a Class A misdemeanor violation of the Humane Care for
29		Animals Act; or (6) any offense or attempted offense that would
30		subject a person to registration under the Sex Offender
31		Registration Act.
32		(2) Upon acquittal, release without conviction, or being
33		placed on supervision, the person charged with the offense
34		shall be informed by the court of the right to have the records
35		sealed and the procedures for the sealing of the records. Three
36		years after the dismissal of the charge, the finding of not

1		guilty, the reversal of conviction, or the completion of the
2		terms and conditions of the supervision, the defendant shall
3		provide the clerk of the court with a notice of request for
4		sealing of records and payment of the applicable fee and a
5		current address and shall promptly notify the clerk of the
6		court of any change of address. The clerk shall promptly serve
7		notice that the person's records are to be sealed on the
8		State's Attorney or prosecutor charged with the duty of
9		prosecuting the offense, the Department of State Police, the
10		arresting agency and the chief legal officer of the unit of
11		local government effecting the arrest. Unless the State's
12		Attorney or prosecutor, the Department of State Police, the
13		arresting agency or such chief legal officer objects to sealing
14		of the records within 90 days of notice the court shall enter
15		an order sealing the defendant's records 3 years after the
16		dismissal of the charge, the finding of not guilty, the
17		reversal of conviction, or the completion of the terms and
18		conditions of the supervision. The clerk of the court shall
19		promptly serve by mail or in person a copy of the order to the
20		person, the arresting agency, the prosecutor, the Department of
21		State Police and such other criminal justice agencies as may be
22		ordered by the judge. If an objection is filed, the court shall
23		set a date for hearing. At the hearing the court shall hear
24		evidence on whether the sealing of the records should or should
25		not be granted.
26		(3) The clerk may charge a fee equivalent to the cost
27		associated with the sealing of records by the clerk and the
28		Department of State Police. The clerk shall forward the
29		Department of State Police portion of the fee to the Department
30		and it shall be deposited into the State Police Services Fund.
31		(4) Whenever sealing of records is required under this
32		subsection (h), the notification of the sealing must be given
33		by the circuit court where the arrest occurred to the
34		Department in a form and manner prescribed by the Department.
35		(5) An adult or a minor prosecuted as an adult who was
36		charged with a violation of a municipal ordinance or a

1		misdemeanor who was acquitted, released without being
2		convicted, convicted and the conviction was reversed, or placed
3		on supervision for a misdemeanor before the date of this
4		amendatory Act of the 93rd General Assembly and was not
5		convicted of a felony or misdemeanor or placed on supervision
6		for a misdemeanor for 3 years after the acquittal or release or
7		reversal of conviction, or completion of the terms and
8		conditions of the supervision may petition the Chief Judge of
9		the circuit in which the charge was brought, any judge of that
10		circuit in which the charge was brought, any judge of the
11		circuit designated by the Chief Judge, or, in counties of less
12		than 3,000,000 inhabitants, the presiding trial judge at that
13		defendant's trial, to seal the official records of the
14		arresting authority, the Department, and the clerk of the
15		court, except those records are subject to inspection and use
16		by the court for the purposes of subsequent sentencing for
17		misdemeanor and felony violations and inspection and use by law
18		enforcement agencies, the Department of Corrections, and
19		State's Attorneys and other prosecutors in carrying out the
20		duties of their offices. This subsection (h) does not apply to
21		persons placed on supervision for: (1) a violation of Section
22		11-501 of the Illinois Vehicle Code or a similar provision of a
23		local ordinance; (2) a misdemeanor violation of Article 11 of
24		the Criminal Code of 1961 or a similar provision of a local
25		ordinance; (3) a misdemeanor violation of Section 12-15, 12-30,
26		or 26-5 of the Criminal Code of 1961 or a similar provision of
27		a local ordinance; (4) a misdemeanor violation that is a crime
28		of violence as defined in Section 2 of the Crime Victims
29		Compensation Act or a similar provision of a local ordinance;
30		(5) a Class A misdemeanor violation of the Humane Care for
31		Animals Act; or (6) any offense or attempted offense that would
32		subject a person to registration under the Sex Offender
33		Registration Act. The State's Attorney or prosecutor charged
34		with the duty of prosecuting the offense, the Department of
35		State Police, the arresting agency and the chief legal officer
36		of the unit of local government effecting the arrest shall be

1		served with a copy of the verified petition and shall have 90
2		days to object. If an objection is filed, the court shall set a
3		date for hearing. At the hearing the court shall hear evidence
4		on whether the sealing of the records should or should not be
5		granted. The person whose records are sealed under the
6		provisions of this Act shall pay to the clerk of the court and
7		the Department of State Police a fee equivalent to the cost
8		associated with the sealing of records. The fees shall be paid
9		to the clerk of the court who shall forward the appropriate
10		portion to the Department at the time the court order to seal
11		the defendant's record is forwarded to the Department for
12		processing. The Department of State Police portion of the fee
13		shall be deposited into the State Police Services Fund.
14		(i) (1) Notwithstanding any other provision of this Act to
15		the contrary and cumulative with any rights to expungement of
16		criminal records, whenever an adult or minor prosecuted as an
17		adult charged with a violation of a municipal ordinance or a
18		misdemeanor is convicted of a misdemeanor and has not been
19		convicted of a felony or misdemeanor or placed on supervision
20		for a misdemeanor within 4 years after the completion of the
21		sentence, if the conviction occurred on or after the effective
22		date of this amendatory Act of the 93rd General Assembly, the
23		Chief Judge of the circuit in which the charge was brought may
24		have the official records of the arresting authority, the
25		Department, and the clerk of the circuit court sealed 4 years
26		after the completion of the sentence, except those records are
27		subject to inspection and use by the court for the purposes of
28		subsequent sentencing for misdemeanor and felony violations
29		and inspection and use by law enforcement agencies and State's
30		Attorneys or other prosecutors in carrying out the duties of
31		their offices. This subsection (i) does not apply to persons
32		convicted of: (1) a violation of Section 11-501 of the Illinois
33		Vehicle Code or a similar provision of a local ordinance; (2) a
34		misdemeanor violation of Article 11 of the Criminal Code of
35		1961 or a similar provision of a local ordinance; (3) a
36		misdemeanor violation of Section 12-15, 12-30, or 26-5 of the

1		Criminal Code of 1961 or a similar provision of a local
2		ordinance; (4) a misdemeanor violation that is a crime of
3		violence as defined in Section 2 of the Crime Victims
4		Compensation Act or a similar provision of a local ordinance;
5		(5) a Class A misdemeanor violation of the Humane Care for
6		Animals Act; or (6) any offense or attempted offense that would
7		subject a person to registration under the Sex Offender
8		Registration Act.
9		(2) Upon the conviction of such offense, the person charged
10		with the offense shall be informed by the court of the right to
11		have the records sealed and the procedures for the sealing of
12		the records. Four years after the completion of the sentence,
13		the defendant shall provide the clerk of the court with a
14		notice of request for sealing of records and payment of the
15		applicable fee and a current address and shall promptly notify
16		the clerk of the court of any change of address. The clerk
17		shall promptly serve notice that the person's records are to be
18		sealed on the State's Attorney or prosecutor charged with the
19		duty of prosecuting the offense, the Department of State
20		Police, the arresting agency and the chief legal officer of the
21		unit of local government effecting the arrest. Unless the
22		State's Attorney or prosecutor, the Department of State Police,
23		the arresting agency or such chief legal officer objects to
24		sealing of the records within 90 days of notice the court shall
25		enter an order sealing the defendant's records 4 years after
26		the completion of the sentence. The clerk of the court shall
27		promptly serve by mail or in person a copy of the order to the
28		person, the arresting agency, the prosecutor, the Department of
29		State Police and such other criminal justice agencies as may be
30		ordered by the judge. If an objection is filed, the court shall
31		set a date for hearing. At the hearing the court shall hear
32		evidence on whether the sealing of the records should or should
33		not be granted.
34		(3) The clerk may charge a fee equivalent to the cost
35		associated with the sealing of records by the clerk and the
36		Department of State Police. The clerk shall forward the

1		Department of State Police portion of the fee to the Department
2		and it shall be deposited into the State Police Services Fund.
3		(4) Whenever sealing of records is required under this
4		subsection (i), the notification of the sealing must be given
5		by the circuit court where the arrest occurred to the
6		Department in a form and manner prescribed by the Department.
7		(5) An adult or a minor prosecuted as an adult who was
8		charged with a violation of a municipal ordinance or a
9		misdemeanor who was convicted of a misdemeanor before the date
10		of this amendatory Act of the 93rd General Assembly and was not
11		convicted of a felony or misdemeanor or placed on supervision
12		for a misdemeanor for 4 years after the completion of the
13		sentence may petition the Chief Judge of the circuit in which
14		the charge was brought, any judge of that circuit in which the
15		charge was brought, any judge of the circuit designated by the
16		Chief Judge, or, in counties of less than 3,000,000
17		inhabitants, the presiding trial judge at that defendant's
18		trial, to seal the official records of the arresting authority,
19		the Department, and the clerk of the court, except those
20		records are subject to inspection and use by the court for the
21		purposes of subsequent sentencing for misdemeanor and felony
22		violations and inspection and use by law enforcement agencies,
23		the Department of Corrections, and State's Attorneys and other
24		prosecutors in carrying out the duties of their offices. This
25		subsection (i) does not apply to persons convicted of: (1) a
26		violation of Section 11-501 of the Illinois Vehicle Code or a
27		similar provision of a local ordinance; (2) a misdemeanor
28		violation of Article 11 of the Criminal Code of 1961 or a
29		similar provision of a local ordinance; (3) a misdemeanor
30		violation of Section 12-15, 12-30, or 26-5 of the Criminal Code
31		of 1961 or a similar provision of a local ordinance; (4) a
32		misdemeanor violation that is a crime of violence as defined in
33		Section 2 of the Crime Victims Compensation Act or a similar
34		provision of a local ordinance; (5) a Class A misdemeanor
35		violation of the Humane Care for Animals Act; or (6) any
36		offense or attempted offense that would subject a person to

1		registration under the Sex Offender Registration Act. The
2		State's Attorney or prosecutor charged with the duty of
3		prosecuting the offense, the Department of State Police, the
4		arresting agency and the chief legal officer of the unit of
5		local government effecting the arrest shall be served with a
6		copy of the verified petition and shall have 90 days to object.
7		If an objection is filed, the court shall set a date for
8		hearing. At the hearing the court shall hear evidence on
9		whether the sealing of the records should or should not be
10		granted. The person whose records are sealed under the
11		provisions of this Act shall pay to the clerk of the court and
12		the Department of State Police a fee equivalent to the cost
13		associated with the sealing of records. The fees shall be paid
14		to the clerk of the court who shall forward the appropriate
15		portion to the Department at the time the court order to seal
16		the defendant's record is forwarded to the Department for
17		processing. The Department of State Police portion of the fee
18		shall be deposited into the State Police Services Fund.
19		(Source: P.A. 92-651, eff. 7-11-02; 93-210, eff. 7-18-03;
20		93-211, eff. 1-1-04; revised 8-25-03.)

21		Section 95. The Department of Veterans Affairs Act is
22		amended by setting forth and renumbering multiple versions of
23		Section 2e as follows:
24		(20 ILCS 2805/2e)
25		Sec. 2e. The World War II Illinois Veterans Memorial Fund.
26		There is created in the State treasury the World War II
27		Illinois Veterans Memorial Fund. The Department must make
28		grants from the Fund for the construction of a World War II
29		Illinois Veterans Memorial in Springfield, Illinois.
30		(Source: P.A. 93-131, eff. 7-10-03.)
31		(20 ILCS 2805/2f)
32		Sec. 2f 2e. LaSalle Veterans Home capacity.
33		(a) The Department finds that the Illinois Veterans Home at

1		LaSalle requires an increase in capacity to better serve the
2		north central region of Illinois and to accommodate the
3		increasing number of Illinois veterans eligible for care.
4		(b) Subject to appropriation, the Department shall
5		increase by at least 80 beds the capacity of the Illinois
6		Veterans Home at LaSalle and shall request and expend federal
7		grants for this Veterans Home addition.
8		(Source: P.A. 93-142, eff. 7-10-03; revised 9-24-03.)

9		Section 100. The Illinois Emergency Management Agency Act
10		is amended by changing Section 5 as follows:
11		(20 ILCS 3305/5) (from Ch. 127, par. 1055)
12		Sec. 5. Illinois Emergency Management Agency.
13		(a) There is created within the executive branch of the
14		State Government an Illinois Emergency Management Agency and a
15		Director of the Illinois Emergency Management Agency, herein
16		called the "Director" who shall be the head thereof. The
17		Director shall be appointed by the Governor, with the advice
18		and consent of the Senate, and shall serve for a term of 2
19		years beginning on the third Monday in January of the
20		odd-numbered year, and until a successor is appointed and has
21		qualified; except that the term of the first Director appointed
22		under this Act shall expire on the third Monday in January,
23		1989. The Director shall not hold any other remunerative public
24		office. The Director shall receive an annual salary as set by
25		the Governor from time to time or the amount set by the
26		Compensation Review Board, whichever is higher. If set by the
27		Governor, the Director's annual salary may not exceed 85% of
28		the Governor's annual salary.
29		(b) The Illinois Emergency Management Agency shall obtain,
30		under the provisions of the Personnel Code, technical,
31		clerical, stenographic and other administrative personnel, and
32		may make expenditures within the appropriation therefor as may
33		be necessary to carry out the purpose of this Act. The agency
34		created by this Act is intended to be a successor to the agency

1		created under the Illinois Emergency Services and Disaster
2		Agency Act of 1975 and the personnel, equipment, records, and
3		appropriations of that agency are transferred to the successor
4		agency as of the effective date of this Act.
5		(c) The Director, subject to the direction and control of
6		the Governor, shall be the executive head of the Illinois
7		Emergency Management Agency and the State Emergency Response
8		Commission and shall be responsible under the direction of the
9		Governor, for carrying out the program for emergency management
10		of this State. The Director shall also maintain liaison and
11		cooperate with the emergency management organizations of this
12		State and other states and of the federal government.
13		(d) The Illinois Emergency Management Agency shall take an
14		integral part in the development and revision of political
15		subdivision emergency operations plans prepared under
16		paragraph (f) of Section 10. To this end it shall employ or
17		otherwise secure the services of professional and technical
18		personnel capable of providing expert assistance to the
19		emergency services and disaster agencies. These personnel
20		shall consult with emergency services and disaster agencies on
21		a regular basis and shall make field examinations of the areas,
22		circumstances, and conditions that particular political
23		subdivision emergency operations plans are intended to apply.
24		(e) The Illinois Emergency Management Agency and political
25		subdivisions shall be encouraged to form an emergency
26		management advisory committee composed of private and public
27		personnel representing the emergency management phases of
28		mitigation, preparedness, response, and recovery. The Local
29		Emergency Planning Committee, as created under the Illinois
30		Emergency Planning and Community Right to Know Act, shall serve
31		as an advisory committee to the emergency services and disaster
32		agency or agencies serving within the boundaries of that Local
33		Emergency Planning Committee planning district for:
34		(1) the development of emergency operations plan
35		provisions for hazardous chemical emergencies; and
36		(2) the assessment of emergency response capabilities

1		related to hazardous chemical emergencies.
2		(f) The Illinois Emergency Management Agency shall:
3		(1) Coordinate the overall emergency management
4		program of the State.
5		(2) Cooperate with local governments, the federal
6		government and any public or private agency or entity in
7		achieving any purpose of this Act and in implementing
8		emergency management programs for mitigation,
9		preparedness, response, and recovery.
10		(2.5) Cooperate with the Department of Nuclear Safety
11		in development of the comprehensive emergency preparedness
12		and response plan for any nuclear accident in accordance
13		with Section 2005-65 of the Department of Nuclear Safety
14		Law of the Civil Administrative Code of Illinois and in
15		development of the Illinois Nuclear Safety Preparedness
16		program in accordance with Section 8 of the Illinois
17		Nuclear Safety Preparedness Act.
18		(2.6) Coordinate with the Department of Public Health
19		with respect to planning for and responding to public
20		health emergencies.
21		(3) Prepare, for issuance by the Governor, executive
22		orders, proclamations, and regulations as necessary or
23		appropriate in coping with disasters.
24		(4) Promulgate rules and requirements for political
25		subdivision emergency operations plans that are not
26		inconsistent with and are at least as stringent as
27		applicable federal laws and regulations.
28		(5) Review and approve, in accordance with Illinois
29		Emergency Management Agency rules, emergency operations
30		plans for those political subdivisions required to have an
31		emergency services and disaster agency pursuant to this
32		Act.
33		(5.5) Promulgate rules and requirements for the
34		political subdivision emergency management exercises,
35		including, but not limited to, exercises of the emergency
36		operations plans.

1		(5.10) Review, evaluate, and approve, in accordance
2		with Illinois Emergency Management Agency rules, political
3		subdivision emergency management exercises for those
4		political subdivisions required to have an emergency
5		services and disaster agency pursuant to this Act.
6		(6) Determine requirements of the State and its
7		political subdivisions for food, clothing, and other
8		necessities in event of a disaster.
9		(7) Establish a register of persons with types of
10		emergency management training and skills in mitigation,
11		preparedness, response, and recovery.
12		(8) Establish a register of government and private
13		response resources available for use in a disaster.
14		(9) Expand the Earthquake Awareness Program and its
15		efforts to distribute earthquake preparedness materials to
16		schools, political subdivisions, community groups, civic
17		organizations, and the media. Emphasis will be placed on
18		those areas of the State most at risk from an earthquake.
19		Maintain the list of all school districts, hospitals,
20		airports, power plants, including nuclear power plants,
21		lakes, dams, emergency response facilities of all types,
22		and all other major public or private structures which are
23		at the greatest risk of damage from earthquakes under
24		circumstances where the damage would cause subsequent harm
25		to the surrounding communities and residents.
26		(10) Disseminate all information, completely and
27		without delay, on water levels for rivers and streams and
28		any other data pertaining to potential flooding supplied by
29		the Division of Water Resources within the Department of
30		Natural Resources to all political subdivisions to the
31		maximum extent possible.
32		(11) Develop agreements, if feasible, with medical
33		supply and equipment firms to supply resources as are
34		necessary to respond to an earthquake or any other disaster
35		as defined in this Act. These resources will be made
36		available upon notifying the vendor of the disaster.

1		Payment for the resources will be in accordance with
2		Section 7 of this Act. The Illinois Department of Public
3		Health shall determine which resources will be required and
4		requested.
5		(11.5) In coordination with the Department of State
6		Police, develop and implement a community outreach program
7		to promote awareness among the State's parents and children
8		of child abduction prevention and response.
9		(12) Out of funds appropriated for these purposes,
10		award capital and non-capital grants to Illinois hospitals
11		or health care facilities located outside of a city with a
12		population in excess of 1,000,000 to be used for purposes
13		that include, but are not limited to, preparing to respond
14		to mass casualties and disasters, maintaining and
15		improving patient safety and quality of care, and
16		protecting the confidentiality of patient information. No
17		single grant for a capital expenditure shall exceed
18		$300,000. No single grant for a non-capital expenditure
19		shall exceed $100,000. In awarding such grants, preference
20		shall be given to hospitals that serve a significant number
21		of Medicaid recipients, but do not qualify for
22		disproportionate share hospital adjustment payments under
23		the Illinois Public Aid Code. To receive such a grant, a
24		hospital or health care facility must provide funding of at
25		least 50% of the cost of the project for which the grant is
26		being requested. In awarding such grants the Illinois
27		Emergency Management Agency shall consider the
28		recommendations of the Illinois Hospital Association.
29		(13) Do all other things necessary, incidental or
30		appropriate for the implementation of this Act.
31		(Source: P.A. 92-73, eff. 1-1-02; 92-597, eff. 6-28-02; 93-249,
32		eff. 7-22-03; 93-310, eff. 7-23-03; revised 9-11-03.)

33		Section 105. The Illinois Finance Authority Act is amended
34		by changing Sections 801-1 and 815-10 as follows:

1		(20 ILCS 3501/801-1)
2		Sec. 801-1. Short Title. Articles 801 80 through 845 of
3		this Act may be cited as the Illinois Finance Authority Act.
4		References to "this Act" in Articles 801 through 845 are
5		references to the Illinois Finance Authority Act.
6		(Source: P.A. 93-205, eff. 1-1-04; revised 9-16-03.)
7		(20 ILCS 3501/815-10)
8		Sec. 815-10. Definitions. The following terms, whenever
9		used or referred to in this Article, shall have the following
10		meanings ascribed to them, except where the context clearly
11		requires otherwise:
12		(a) "Property" means land, parcels or combination of
13		parcels, structures, and all improvements, easements and
14		franchises. ;
15		(b) "Redevelopment area" means any property which is a
16		contiguous area of at least 2 acres but less than 160 acres in
17		the aggregate located within one and one-half miles of the
18		corporate limits of a municipality and not included within any
19		municipality, where, (1) if improved, a substantial proportion
20		of the industrial, commercial and residential buildings or
21		improvements are detrimental to the public safety, health,
22		morals or welfare because of a combination of any of the
23		following factors: age; physical configuration; dilapidation;
24		structural or economic obsolescence; deterioration; illegal
25		use of individual structures; presence of structures below
26		minimum code standards; excessive and sustained vacancies;
27		overcrowding of structures and community facilities;
28		inadequate ventilation, light, sewer, water, transportation
29		and other infrastructure facilities; inadequate utilities;
30		excessive land coverage; deleterious land use or layout;
31		depreciation or lack of physical maintenance; and lack of
32		community planning; or (2) if vacant, the sound utilization of
33		land for industrial projects is impaired by a combination of 2
34		or more of the following factors: obsolete platting of the
35		vacant land; diversity of ownership of such land; tax and

1		special assessment delinquencies on such land; and
2		deterioration of structures or site improvements in
3		neighboring areas to the vacant land, or the area immediately
4		prior to becoming vacant qualified as a redevelopment improved
5		area; or (3) if an improved area within the boundaries of a
6		development project is located within the corporate limits of
7		the municipality in which 50% or more of the structures in the
8		area have an age of 35 years or more, such area does not
9		qualify under clause (1) but is detrimental to the public
10		safety, health, morals or welfare and such area may become a
11		redevelopment area pursuant to clause (1) because of a
12		combination of 3 or more of the factors specified in clause
13		(1).
14		(c) "Enterprise" means an individual, corporation,
15		partnership, joint venture, trust, estate, or unincorporated
16		association. ;
17		(d) "Development plan" means the comprehensive program of
18		the Authority and the participating entity to reduce or
19		eliminate those conditions the existence of which qualified the
20		project area as a redevelopment area. Each development plan
21		shall set forth in writing the program to be undertaken to
22		accomplish such objectives and shall include, without
23		limitation, estimated development project costs, the sources
24		of funds to pay costs, the nature and term of any obligations
25		to be issued, the most recent equalized assessed valuation of
26		the project area, an estimate as to the equalized assessed
27		valuation after development and the general land uses to apply
28		in the project area.
29		(e) "Development project" means any project in furtherance
30		of the objectives of a development plan, including any building
31		or buildings or building addition or other structures to be
32		newly constructed, renovated or improved and suitable for use
33		by an enterprise as an industrial project, and includes the
34		sites and other rights in the property on which such buildings
35		or structures are located.
36		(f) "Participating entity" means a municipality, a local

1		industrial development agency or an enterprise or any
2		combination thereof.
3		(Source: P.A. 93-205, eff. 1-1-04; revised 10-9-03.)

4		Section 110. The Council on Responsible Fatherhood Act is
5		amended by changing Section 10 as follows:
6		(20 ILCS 3927/10)
7		(Section scheduled to be repealed on July 1, 2005)
8		Sec. 10. Fatherhood initiative.
9		(a) The purpose of this Act shall be implemented through a
10		fatherhood initiative to be directed by the Council on
11		Responsible Fatherhood created by this Act.
12		(b) The goals of the fatherhood initiative are to increase
13		the awareness of the problems created when a child grows up
14		without the presence of a responsible father; to identify
15		obstacles that impede or prevent the involvement of responsible
16		fathers in the lives of their children; to identify strategies
17		that are successful in overcoming identified obstacles and in
18		encouraging responsible fatherhood; and to facilitate the
19		transition from current policies, perceptions, and practices
20		that adversely affect the participation of fathers in their
21		children's lives to policies, perceptions, and practices that
22		promote the contributions of responsible fathers. The
23		fatherhood initiative must promote positive interaction
24		between fathers and their children. While the emphasis of the
25		program must be on the population of children whose families
26		have received or are receiving public assistance, the program
27		may not exclude other populations of children for which the
28		program is appropriate.
29		(c) (b) The fatherhood initiative must include, but is not
30		limited to, the following:
31		(1) The promotion of public education concerning the
32		financial and emotional responsibilities of fatherhood.
33		(2) The provision of assistance to men in preparing for
34		the legal, financial, and emotional responsibilities of

1		fatherhood.
2		(3) The promotion of the establishment of paternity
3		upon the birth of a child.
4		(4) The encouragement of fathers in fostering an
5		emotional connection to children and providing financial
6		support to children.
7		(5) The establishment of support mechanisms for
8		fathers developing and maintaining relationships with
9		their children.
10		(6) The identification and promotion of methods that
11		reduce the negative outcomes experienced by children
12		affected by divorce, separation, and disputes concerning
13		custody and visitation.
14		(7) The integration of State and local services
15		available to families.
16		(Source: P.A. 93-437, eff. 8-5-03; revised 10-9-03.)

17		Section 115. The Illinois State Auditing Act is amended by
18		changing Section 3-1 as follows:
19		(30 ILCS 5/3-1) (from Ch. 15, par. 303-1)
20		Sec. 3-1. Jurisdiction of Auditor General. The Auditor
21		General has jurisdiction over all State agencies to make post
22		audits and investigations authorized by or under this Act or
23		the Constitution.
24		The Auditor General has jurisdiction over local government
25		agencies and private agencies only:
26		(a) to make such post audits authorized by or under
27		this Act as are necessary and incidental to a post audit of
28		a State agency or of a program administered by a State
29		agency involving public funds of the State, but this
30		jurisdiction does not include any authority to review local
31		governmental agencies in the obligation, receipt,
32		expenditure or use of public funds of the State that are
33		granted without limitation or condition imposed by law,
34		other than the general limitation that such funds be used

1		for public purposes;
2		(b) to make investigations authorized by or under this
3		Act or the Constitution; and
4		(c) to make audits of the records of local government
5		agencies to verify actual costs of state-mandated programs
6		when directed to do so by the Legislative Audit Commission
7		at the request of the State Board of Appeals under the
8		State Mandates Act.
9		In addition to the foregoing, the Auditor General may
10		conduct an audit of the Metropolitan Pier and Exposition
11		Authority, the Regional Transportation Authority, the Suburban
12		Bus Division, the Commuter Rail Division and the Chicago
13		Transit Authority and any other subsidized carrier when
14		authorized by the Legislative Audit Commission. Such audit may
15		be a financial, management or program audit, or any combination
16		thereof.
17		The audit shall determine whether they are operating in
18		accordance with all applicable laws and regulations. Subject to
19		the limitations of this Act, the Legislative Audit Commission
20		may by resolution specify additional determinations to be
21		included in the scope of the audit.
22		In addition to the foregoing, the Auditor General must also
23		conduct a financial audit of the Illinois Sports Facilities
24		Authority's expenditures of public funds in connection with the
25		reconstruction, renovation, remodeling, extension, or
26		improvement of all or substantially all of any existing
27		"facility", as that term is defined in the Illinois Sports
28		Facilities Authority Act.
29		The Auditor General may also conduct an audit, when
30		authorized by the Legislative Audit Commission, of any hospital
31		which receives 10% or more of its gross revenues from payments
32		from the State of Illinois, Department of Public Aid, Medical
33		Assistance Program.
34		The Auditor General is authorized to conduct financial and
35		compliance audits of the Illinois Distance Learning Foundation
36		and the Illinois Conservation Foundation.

1		As soon as practical after the effective date of this
2		amendatory Act of 1995, the Auditor General shall conduct a
3		compliance and management audit of the City of Chicago and any
4		other entity with regard to the operation of Chicago O'Hare
5		International Airport, Chicago Midway Airport and Merrill C.
6		Meigs Field. The audit shall include, but not be limited to, an
7		examination of revenues, expenses, and transfers of funds;
8		purchasing and contracting policies and practices; staffing
9		levels; and hiring practices and procedures. When completed,
10		the audit required by this paragraph shall be distributed in
11		accordance with Section 3-14.
12		The Auditor General shall conduct a financial and
13		compliance and program audit of distributions from the
14		Municipal Economic Development Fund during the immediately
15		preceding calendar year pursuant to Section 8-403.1 of the
16		Public Utilities Act at no cost to the city, village, or
17		incorporated town that received the distributions.
18		The Auditor General must conduct an audit of the Health
19		Facilities Planning Board pursuant to Section 19.5 of the
20		Illinois Health Facilities Planning Act.
21		The Auditor General of the State of Illinois shall annually
22		conduct or cause to be conducted a financial and compliance
23		audit of the books and records of any county water commission
24		organized pursuant to the Water Commission Act of 1985 and
25		shall file a copy of the report of that audit with the Governor
26		and the Legislative Audit Commission. The filed audit shall be
27		open to the public for inspection. The cost of the audit shall
28		be charged to the county water commission in accordance with
29		Section 6z-27 of the State Finance Act. The county water
30		commission shall make available to the Auditor General its
31		books and records and any other documentation, whether in the
32		possession of its trustees or other parties, necessary to
33		conduct the audit required. These audit requirements apply only
34		through July 1, 2007.
35		The Auditor General must conduct audits of the Rend Lake
36		Conservancy District as provided in Section 25.5 of the River

1		Conservancy Districts Act.
2		(Source: P.A. 93-226, eff. 7-22-03; 93-259, eff. 7-22-03;
3		93-275, eff. 7-22-03; revised 8-25-03.)

4		Section 120. The State Finance Act is amended by changing,
5		setting forth, and renumbering multiple versions of Sections
6		5.545, 5.552, 5.567, 5.570, 5.571, 5.595, 5.596, and 8h and
7		changing Sections 6z-43 and 8j as follows:
8		(30 ILCS 105/5.545)
9		Sec. 5.545. The Digital Divide Elimination Fund.
10		(Source: P.A. 92-22, eff. 6-30-01; 92-651, eff. 7-11-02.)
11		(30 ILCS 105/5.552)
12		Sec. 5.552. The ICCB Adult Education Fund.
13		(Source: P.A. 92-49, eff. 7-9-01; 92-651, eff. 7-11-02.)
14		(30 ILCS 105/5.567)
15		Sec. 5.567. The Secretary of State Police Services Fund.
16		(Source: P.A. 92-501, eff. 12-19-01; 92-651, eff. 7-11-02.)
17		(30 ILCS 105/5.569)
18		Sec. 5.569 5.570. The National Guard Grant Fund.
19		(Source: P.A. 92-589, eff. 7-1-02; revised 8-27-02.)
20		(30 ILCS 105/5.570)
21		Sec. 5.570. The Illinois Student Assistance Commission
22		Contracts and Grants Fund.
23		(Source: P.A. 92-597, eff. 6-28-02.)
24		(30 ILCS 105/5.571)
25		Sec. 5.571. The Career and Technical Education Fund.
26		(Source: P.A. 92-597, eff. 6-28-02.)
27		(30 ILCS 105/5.572)
28		Sec. 5.572 5.570. The Presidential Library and Museum

1		Operating Fund.
2		(Source: P.A. 92-600, eff. 6-28-02; revised 8-27-02.)
3		(30 ILCS 105/5.573)
4		Sec. 5.573 5.571. The Family Care Fund.
5		(Source: P.A. 92-600, eff. 6-28-02; revised 8-27-02.)
6		(30 ILCS 105/5.574)
7		Sec. 5.574 5.570. The Transportation Safety Highway
8		Hire-back Fund.
9		(Source: P.A. 92-619, eff. 1-1-03; revised 8-27-02.)
10		(30 ILCS 105/5.575)
11		Sec. 5.575 5.570. The McKinley Bridge Fund.
12		(Source: P.A. 92-679, eff. 7-16-02; revised 8-27-02.)
13		(30 ILCS 105/5.576)
14		Sec. 5.576 5.570. The Illinois Century Network Special
15		Purposes Fund.
16		(Source: P.A. 92-691, eff. 7-18-02; revised 8-27-02.)
17		(30 ILCS 105/5.577)
18		Sec. 5.577 5.545. The Hospice Fund.
19		(Source: P.A. 92-693, eff. 1-1-03; revised 8-27-02.)
20		(30 ILCS 105/5.578)
21		Sec. 5.578 5.552. Lewis and Clark Bicentennial Fund.
22		(Source: P.A. 92-694, eff. 1-1-03; revised 8-27-02.)
23		(30 ILCS 105/5.579)
24		Sec. 5.579 5.570. The Public Broadcasting Fund.
25		(Source: P.A. 92-695, eff. 1-1-03; revised 8-27-02.)
26		(30 ILCS 105/5.580)
27		Sec. 5.580 5.570. The Park District Youth Program Fund.
28		(Source: P.A. 92-697, eff. 7-19-02; revised 8-27-02.)

1		(30 ILCS 105/5.581)
2		Sec. 5.581 5.570. The Professional Sports Teams Education
3		Fund.
4		(Source: P.A. 92-699, eff. 1-1-03; revised 8-27-02.)
5		(30 ILCS 105/5.582)
6		Sec. 5.582 5.570. The Illinois Pan Hellenic Trust Fund.
7		(Source: P.A. 92-702, eff. 1-1-03; revised 8-27-02.)
8		(30 ILCS 105/5.583)
9		Sec. 5.583 5.567. The September 11th Fund.
10		(Source: P.A. 92-704, eff. 7-19-02; revised 8-27-02.)
11		(30 ILCS 105/5.584)
12		Sec. 5.584 5.570. The Illinois Route 66 Heritage Project
13		Fund.
14		(Source: P.A. 92-706, eff. 1-1-03; revised 8-27-02.)
15		(30 ILCS 105/5.585)
16		Sec. 5.585 5.570. The Stop Neuroblastoma Fund.
17		(Source: P.A. 92-711, eff. 7-19-02; revised 8-27-02.)
18		(30 ILCS 105/5.586)
19		Sec. 5.586 5.570. The Lawyers' Assistance Program Fund.
20		(Source: P.A. 92-747, eff. 7-31-02; revised 8-27-02.)
21		(30 ILCS 105/5.587)
22		Sec. 5.587 5.570. The Local Planning Fund.
23		(Source: P.A. 92-768, eff. 8-6-02; revised 8-27-02.)
24		(30 ILCS 105/5.588)
25		Sec. 5.588 5.570. The Multiple Sclerosis Assistance Fund.
26		(Source: P.A. 92-772, eff. 8-6-02; revised 8-27-02.)
27		(30 ILCS 105/5.589)

1		Sec. 5.589 5.570. The Innovations in Long-term Care Quality
2		Demonstration Grants Fund.
3		(Source: P.A. 92-784, eff. 8-6-02; revised 8-27-02.)
4		(30 ILCS 105/5.590)
5		Sec. 5.590 5.570. The End Stage Renal Disease Facility
6		Licensing Fund.
7		(Source: P.A. 92-794, eff. 7-1-03; revised 9-27-03.)
8		(30 ILCS 105/5.591)
9		Sec. 5.591 5.570. The Restricted Call Registry Fund.
10		(Source: P.A. 92-795, eff. 8-9-02; revised 8-27-02.)
11		(30 ILCS 105/5.592)
12		Sec. 5.592 5.570. The Illinois Military Family Relief Fund.
13		(Source: P.A. 92-886, eff. 2-7-03; revised 2-17-03.)
14		(30 ILCS 105/5.593)
15		Sec. 5.593 5.595. The Illinois Medical District at
16		Springfield Income Fund.
17		(Source: P.A. 92-870, eff. 1-3-03; revised 4-14-03.)
18		(30 ILCS 105/5.594)
19		Sec. 5.594 5.595. The Pension Contribution Fund.
20		(Source: P.A. 93-2, eff. 4-7-03; revised 4-14-03.)
21		(30 ILCS 105/5.595)
22		Sec. 5.595. The Senior Citizens and Disabled Persons
23		Prescription Drug Discount Program Fund.
24		(Source: P.A. 93-18, eff. 7-1-03.)
25		(30 ILCS 105/5.596)
26		Sec. 5.596 5.595. The Emergency Public Health Fund.
27		(Source: P.A. 93-32, eff. 6-20-03; revised 10-9-03.)
28		(30 ILCS 105/5.597)

1		Sec. 5.597 5.596. The Illinois Clean Water Fund.
2		(Source: P.A. 93-32, eff. 7-1-03; revised 10-9-03.)
3		(30 ILCS 105/5.598)
4		Sec. 5.598 5.595. The Fire Truck Revolving Loan Fund.
5		(Source: P.A. 93-35, eff. 6-24-03; revised 10-9-03.)
6		(30 ILCS 105/5.599)
7		Sec. 5.599 5.595. The Lou Gehrig's Disease (ALS) Research
8		Fund.
9		(Source: P.A. 93-36, eff. 6-24-03; revised 10-9-03.)
10		(30 ILCS 105/5.600)
11		Sec. 5.600 5.595. The Emergency Public Health Fund.
12		(Source: P.A. 93-52, eff. 6-30-03; revised 10-9-03.)
13		(30 ILCS 105/5.601)
14		Sec. 5.601 5.595. The Obesity Study and Prevention Fund.
15		(Source: P.A. 93-60, eff. 7-1-03; revised 10-9-03.)
16		(30 ILCS 105/5.602)
17		Sec. 5.602 5.595. The World War II Illinois Veterans
18		Memorial Fund.
19		(Source: P.A. 93-131, eff. 7-10-03; revised 10-9-03.)
20		(30 ILCS 105/5.603)
21		Sec. 5.603 5.595. The Oil Spill Response Fund.
22		(Source: P.A. 93-152, eff. 7-10-03; revised 10-9-03.)
23		(30 ILCS 105/5.604)
24		Sec. 5.604 5.595. The Community Senior Services and
25		Resources Fund.
26		(Source: P.A. 93-246, eff. 7-22-03; revised 10-9-03.)
27		(30 ILCS 105/5.605)
28		Sec. 5.605 5.595. The Good Samaritan Energy Trust Fund.

1		(Source: P.A. 93-285, eff. 7-22-03; revised 10-9-03.)
2		(30 ILCS 105/5.606)
3		Sec. 5.606 5.595. The Leukemia Treatment and Education
4		Fund.
5		(Source: P.A. 93-324, eff. 7-23-03; revised 10-9-03.)
6		(30 ILCS 105/5.607)
7		Sec. 5.607 5.595. The State Library Fund.
8		(Source: P.A. 93-397, eff. 1-1-04; revised 10-9-03.)
9		(30 ILCS 105/5.608)
10		Sec. 5.608 5.595. The Responsible Fatherhood Fund.
11		(Source: P.A. 93-437, eff. 8-5-03; revised 10-9-03.)
12		(30 ILCS 105/5.609)
13		Sec. 5.609 5.595. The Corporate Crime Fund.
14		(Source: P.A. 93-496, eff. 1-1-04; revised 10-9-03.)
15		(30 ILCS 105/5.610)
16		Sec. 5.610 5.595. The TOMA Consumer Protection Fund.
17		(Source: P.A. 93-535, eff. 1-1-04; revised 10-9-03.)
18		(30 ILCS 105/5.611)
19		Sec. 5.611 5.595. The Debt Collection Fund.
20		(Source: P.A. 93-570, eff. 8-20-03; revised 10-9-03.)
21		(30 ILCS 105/5.612)
22		Sec. 5.612 5.595. The Help Illinois Vote Fund.
23		(Source: P.A. 93-574, eff. 8-21-03; revised 10-9-03.)
24		(30 ILCS 105/5.613)
25		Sec. 5.613 5.595. The Secretary of State Police DUI Fund.
26		(Source: P.A. 93-584, eff. 8-22-03; revised 10-9-03.)
27		(30 ILCS 105/5.614)

1		Sec. 5.614 5.595. The I-FLY Fund.
2		(Source: P.A. 93-585, eff. 8-22-03; revised 10-9-03.)
3		(30 ILCS 105/5.615)
4		Sec. 5.615 5.596. The Efficiency Initiatives Revolving
5		Fund.
6		(Source: P.A. 93-25, eff. 6-20-03; revised 10-9-03.)
7		(30 ILCS 105/5.616)
8		Sec. 5.616 5.596. ICCB Federal Trust Fund.
9		(Source: P.A. 93-153, eff. 7-10-03; revised 10-9-03.)
10		(30 ILCS 105/5.617)
11		Sec. 5.617. 5.595. The Illinois Law Enforcement Training
12		Standards Board Costs and Attorney Fees Fund.
13		(Source: P.A. 93-605, eff. 11-19-03; revised 1-10-04.)
14		(30 ILCS 105/5.618)
15		Sec. 5.618 5.595. The Tax Recovery Fund.
16		(Source: P.A. 93-658, eff. 1-22-04; revised 1-22-04.)
17		(30 ILCS 105/6z-43)
18		Sec. 6z-43. Tobacco Settlement Recovery Fund.
19		(a) There is created in the State Treasury a special fund
20		to be known as the Tobacco Settlement Recovery Fund, into which
21		shall be deposited all monies paid to the State pursuant to (1)
22		the Master Settlement Agreement entered in the case of People
23		of the State of Illinois v. Philip Morris, et al. (Circuit
24		Court of Cook County, No. 96-L13146) and (2) any settlement
25		with or judgment against any tobacco product manufacturer other
26		than one participating in the Master Settlement Agreement in
27		satisfaction of any released claim as defined in the Master
28		Settlement Agreement, as well as any other monies as provided
29		by law. All earnings on Fund investments shall be deposited
30		into the Fund. Upon the creation of the Fund, the State
31		Comptroller shall order the State Treasurer to transfer into

1		the Fund any monies paid to the State as described in item (1)
2		or (2) of this Section before the creation of the Fund plus any
3		interest earned on the investment of those monies. The
4		Treasurer may invest the moneys in the Fund in the same manner,
5		in the same types of investments, and subject to the same
6		limitations provided in the Illinois Pension Code for the
7		investment of pension funds other than those established under
8		Article 3 or 4 of the Code.
9		(b) As soon as may be practical after June 30, 2001, upon
10		notification from and at the direction of the Governor, the
11		State Comptroller shall direct and the State Treasurer shall
12		transfer the unencumbered balance in the Tobacco Settlement
13		Recovery Fund as of June 30, 2001, as determined by the
14		Governor, into the Budget Stabilization Fund. The Treasurer may
15		invest the moneys in the Budget Stabilization Fund in the same
16		manner, in the same types of investments, and subject to the
17		same limitations provided in the Illinois Pension Code for the
18		investment of pension funds other than those established under
19		Article 3 or 4 of the Code.
20		(c) In addition to any other deposits authorized by law,
21		after any delivery of any bonds as authorized by Section 7.5 of
22		the General Obligation Bond Act for deposits to the General
23		Revenue Fund and the Budget Stabilization Fund (referred to as
24		"tobacco securitization general obligation bonds"), the
25		Governor shall certify, on or before June 30, 2003 and June 30
26		of each year thereafter, to the State Comptroller and State
27		Treasurer the total amount of principal of, interest on, and
28		premium, if any, due on those bonds in the next fiscal year
29		beginning with amounts due in fiscal year 2004. As soon as
30		practical after the annual payment of tobacco settlement moneys
31		to the Tobacco Settlement Recovery Fund as described in item
32		(1) of subsection (a), the State Treasurer and State
33		Comptroller shall transfer from the Tobacco Settlement
34		Recovery Fund to the General Obligation Bond Retirement and
35		Interest Fund the amount certified by the Governor, plus any
36		cumulative deficiency in those transfers for prior years.

1		(d) (c) All federal financial participation moneys
2		received pursuant to expenditures from the Fund shall be
3		deposited into the Fund.
4		(Source: P.A. 91-646, eff. 11-19-99; 91-704, eff. 7-1-00;
5		91-797, eff. 6-9-00; 92-11, eff. 6-11-01; 92-16, eff. 6-28-01;
6		92-596, eff. 6-28-02; 92-597, eff. 6-28-02; revised 9-3-02.)
7		(30 ILCS 105/8h)
8		Sec. 8h. Transfers to General Revenue Fund.
9		Notwithstanding any other State law to the contrary, the
10		Director of the Governor's Office of Management and Budget
11		Bureau of the Budget may from time to time direct the State
12		Treasurer and Comptroller to transfer a specified sum from any
13		fund held by the State Treasurer to the General Revenue Fund in
14		order to help defray the State's operating costs for the fiscal
15		year. The total transfer under this Section from any fund in
16		any fiscal year shall not exceed the lesser of 8% of the
17		revenues to be deposited into the fund during that year or 25%
18		of the beginning balance in the fund. No transfer may be made
19		from a fund under this Section that would have the effect of
20		reducing the available balance in the fund to an amount less
21		than the amount remaining unexpended and unreserved from the
22		total appropriation from that fund for that fiscal year. This
23		Section does not apply to any funds that are restricted by
24		federal law to a specific use or to any funds in the Motor Fuel
25		Tax Fund. Notwithstanding any other provision of this Section,
26		the total transfer under this Section from the Road Fund or the
27		State Construction Account Fund shall not exceed 5% of the
28		revenues to be deposited into the fund during that year.
29		In determining the available balance in a fund, the
30		Director of the Governor's Office of Management and Budget
31		Bureau of the Budget may include receipts, transfers into the
32		fund, and other resources anticipated to be available in the
33		fund in that fiscal year.
34		The State Treasurer and Comptroller shall transfer the
35		amounts designated under this Section as soon as may be

1		practicable after receiving the direction to transfer from the
2		Director of the Governor's Office of Management and Budget
3		Bureau of the Budget.
4		(Source: P.A. 93-32, eff. 6-20-03; revised 8-21-03.)
5		(30 ILCS 105/8i)
6		Sec. 8i 8h. Transfers between the Communications Revolving
7		Fund and the Illinois Military Family Relief Fund. The State
8		Comptroller shall order transferred and the Treasurer shall
9		transfer, on March 31, 2003 or as soon as practicable
10		thereafter, the amount of $300,000 from the Communications
11		Revolving Fund to the Illinois Military Family Relief Fund.
12		Beginning on July 1, 2004, the State Comptroller shall order
13		transferred and the Treasurer shall transfer, on the last day
14		of each month, an amount equal to 50% of that day's beginning
15		balance in the Illinois Military Family Relief Fund from the
16		Illinois Military Family Relief Fund to the Communications
17		Revolving Fund. These transfers shall continue until the
18		cumulative total of transfers executed from the Illinois
19		Military Family Relief Fund to the Communications Revolving
20		Fund equals $300,000.
21		(Source: P.A. 93-506, eff. 8-11-03; revised 8-21-03.)
22		(30 ILCS 105/8j)
23		Sec. 8j. Allocation and transfer of fee receipts to General
24		Revenue Fund. If and only if any one or more of Senate Bills
25		774, 841, 842, and 1903 of the 93rd General Assembly become
26		law, Notwithstanding any other law to the contrary, additional
27		amounts generated by the new and increased fees created or
28		authorized by Public Acts 93-22, 93-23, 93-24, and 93-32 these
29		amendatory Acts of the 93rd General Assembly this amendatory
30		Act of the 93rd General Assembly and by Senate Bill 774, Senate
31		Bill 841, and Senate Bill 842 of the 93rd General Assembly, if
32		those bills become law, shall be allocated between the fund
33		otherwise entitled to receive the fee and the General Revenue
34		Fund by the Governor's Office of Management and Budget Bureau

1		of the Budget. In determining the amount of the allocation to
2		the General Revenue Fund, the Director of the Governor's Office
3		of Management and Budget Bureau of the Budget shall calculate
4		whether the available resources in the fund are sufficient to
5		satisfy the unexpended and unreserved appropriations from the
6		fund for the fiscal year.
7		In calculating the available resources in a fund, the
8		Director of the Governor's Office of Management and Budget
9		Bureau of the Budget may include receipts, transfers into the
10		fund, and other resources anticipated to be available in the
11		fund in that fiscal year.
12		Upon determining the amount of an allocation to the General
13		Revenue Fund under this Section, the Director of the Governor's
14		Office of Management and Budget Bureau of the Budget may direct
15		the State Treasurer and Comptroller to transfer the amount of
16		that allocation from the fund in which the fee amounts have
17		been deposited to the General Revenue Fund; provided, however,
18		that the Director shall not direct the transfer of any amount
19		that would have the effect of reducing the available resources
20		in the fund to an amount less than the amount remaining
21		unexpended and unreserved from the total appropriation from
22		that fund for that fiscal year.
23		The State Treasurer and Comptroller shall transfer the
24		amounts designated under this Section as soon as may be
25		practicable after receiving the direction to transfer from the
26		Director of the Governor's Office of Management and Budget
27		Bureau of the Budget.
28		(Source: P.A. 93-25, eff. 6-20-03; 93-32, eff. 6-20-03; revised
29		8-21-03.)

30		Section 125. The Illinois Procurement Code is amended by
31		setting forth and renumbering multiple versions of Section
32		50-12 as follows:
33		(30 ILCS 500/50-12)
34		Sec. 50-12. Collection and remittance of Illinois Use Tax.

1		(a) No person shall enter into a contract with a State
2		agency under this Code unless the person and all affiliates of
3		the person collect and remit Illinois Use Tax on all sales of
4		tangible personal property into the State of Illinois in
5		accordance with the provisions of the Illinois Use Tax Act
6		regardless of whether the person or affiliate is a "retailer
7		maintaining a place of business within this State" as defined
8		in Section 2 of the Use Tax Act. For purposes of this Section,
9		the term "affiliate" means any entity that (1) directly,
10		indirectly, or constructively controls another entity, (2) is
11		directly, indirectly, or constructively controlled by another
12		entity, or (3) is subject to the control of a common entity.
13		For purposes of this subsection (a), an entity controls another
14		entity if it owns, directly or individually, more than 10% of
15		the voting securities of that entity. As used in this
16		subsection (a), the term "voting security" means a security
17		that (1) confers upon the holder the right to vote for the
18		election of members of the board of directors or similar
19		governing body of the business or (2) is convertible into, or
20		entitles the holder to receive upon its exercise, a security
21		that confers such a right to vote. A general partnership
22		interest is a voting security.
23		(b) Every bid submitted and contract executed by the State
24		shall contain a certification by the bidder or contractor that
25		the bidder or contractor is not barred from bidding for or
26		entering into a contract under subsection (a) of this Section
27		and that the bidder or contractor acknowledges that the
28		contracting State agency may declare the contract void if the
29		certification completed pursuant to this subsection (b) is
30		false.
31		(Source: P.A. 93-25, eff. 6-20-03.)
32		(30 ILCS 500/50-14)
33		Sec. 50-14 50-12. Environmental Protection Act violations.
34		(a) Unless otherwise provided, no person or business found
35		by a court or the Pollution Control Board to have committed a

1		willful or knowing violation of Section 42 of the Environmental
2		Protection Act shall do business with the State of Illinois or
3		any State agency from the date of the order containing the
4		finding of violation until 5 years after that date, unless the
5		person or business can show that no person involved in the
6		violation continues to have any involvement with the business.
7		(b) A person or business otherwise barred from doing
8		business with the State of Illinois or any State agency under
9		subsection (a) may be allowed to do business with the State of
10		Illinois or any State agency if it is shown that there is no
11		practicable alternative to the State to contracting with that
12		person or business.
13		(c) Every bid submitted to and contract executed by the
14		State shall contain a certification by the bidder or contractor
15		that the bidder or contractor is not barred from being awarded
16		a contract under this Section and that the contractor
17		acknowledges that the contracting State agency may declare the
18		contract void if the certification completed pursuant to this
19		subsection (c) is false.
20		(Source: P.A. 93-575, eff. 1-1-04; revised 9-24-03.)

21		Section 130. The Build Illinois Act is amended by changing
22		Section 8-3 as follows:
23		(30 ILCS 750/8-3) (from Ch. 127, par. 2708-3)
24		Sec. 8-3. Powers of the Department. The Department has the
25		power to:
26		(a) provide business development public infrastructure
27		loans or grants from appropriations from the Build Illinois
28		Bond Fund, the Build Illinois Purposes Fund, the Fund for
29		Illinois' Future, and the Public Infrastructure Construction
30		Loan Fund to local governments to provide or improve a
31		community's public infrastructure so as to create or retain
32		private sector jobs pursuant to the provisions of this Article;
33		(b) provide affordable financing of public infrastructure
34		loans and grants to, or on behalf of, local governments, local

1		public entities, medical facilities, and public health clinics
2		from appropriations from the Public Infrastructure
3		Construction Loan Fund for the purpose of assisting with the
4		financing, or application and access to financing, of a
5		community's public infrastructure necessary to health, safety,
6		and economic development;
7		(c) enter into agreements, accept funds or grants, and
8		engage in cooperation with agencies of the federal government,
9		or state or local governments to carry out the purposes of this
10		Article, and to use funds appropriated pursuant to this Article
11		to participate in federal infrastructure loan and grant
12		programs upon such terms and conditions as may be established
13		by the federal government;
14		(d) establish application, notification, contract, and
15		other procedures, rules, or regulations deemed necessary and
16		appropriate to carry out the provisions of this Article;
17		(e) coordinate assistance under this program with
18		activities of the Illinois Finance Authority in order to
19		maximize the effectiveness and efficiency of State development
20		programs;
21		(f) coordinate assistance under the Affordable Financing
22		of Public Infrastructure Loan and Grant Program with the
23		activities of the Illinois Finance Authority, Illinois Finance
24		Authority, Illinois Finance Authority, Illinois Housing
25		Development Authority, Illinois Environmental Protection
26		Agency, and other federal and State programs and entities
27		providing financing assistance to communities for public
28		health, safety, and economic development infrastructure;
29		(f-5) provide staff, administration, and related support
30		required to manage the programs authorized under this Article
31		and pay for the staffing, administration, and related support
32		from the Public Infrastructure Construction Loan Revolving
33		Fund;
34		(g) exercise such other powers as are necessary or
35		incidental to the foregoing.
36		(Source: P.A. 93-205 (Sections 890-10, 890-34, and 890-43),

1		eff. 1-1-04; revised 10-3-03.)

2		Section 135. The Illinois Income Tax Act is amended by
3		setting forth and renumbering multiple versions of Sections
4		507X and 507Y and changing Sections 509 and 510 as follows:
5		(35 ILCS 5/507X)
6		Sec. 507X. The Multiple Sclerosis Assistance Fund
7		checkoff. Beginning with taxable years ending on or after
8		December 31, 2002, the Department shall print on its standard
9		individual income tax form a provision indicating that if the
10		taxpayer wishes to contribute to the Multiple Sclerosis
11		Assistance Fund, as authorized by this amendatory Act of the
12		92nd General Assembly, he or she may do so by stating the
13		amount of the contribution (not less than $1) on the return and
14		that the contribution will reduce the taxpayer's refund or
15		increase the amount of payment to accompany the return. Failure
16		to remit any amount of increased payment shall reduce the
17		contribution accordingly. This Section shall not apply to any
18		amended return.
19		(Source: P.A. 92-772, eff. 8-6-02.)
20		(35 ILCS 5/507Y)
21		Sec. 507Y 507X. The Illinois Military Family Relief
22		checkoff. Beginning with taxable years ending on or after
23		December 31, 2003, the Department shall print on its standard
24		individual income tax form a provision indicating that if the
25		taxpayer wishes to contribute to the Illinois Military Family
26		Relief Fund, as authorized by this amendatory Act of the 92nd
27		General Assembly, he or she may do so by stating the amount of
28		the contribution (not less than $1) on the return and that the
29		contribution will reduce the taxpayer's refund or increase the
30		amount of payment to accompany the return. Failure to remit any
31		amount of increased payment shall reduce the contribution
32		accordingly. This Section shall not apply to any amended
33		return.

1		(Source: P.A. 92-886, eff. 2-7-03; revised 3-11-03.)
2		(35 ILCS 5/507AA)
3		Sec. 507AA 507Y. The Lou Gehrig's Disease (ALS) Research
4		Fund checkoff. Beginning with the taxable year ending on
5		December 31, 2003, the Department shall print on its standard
6		individual income tax form a provision indicating that if the
7		taxpayer wishes to contribute to the Lou Gehrig's Disease (ALS)
8		Research Fund, as authorized by this amendatory Act of the 93rd
9		General Assembly, he or she may do so by stating the amount of
10		the contribution (not less than $1) on the return and that the
11		contribution will reduce the taxpayer's refund or increase the
12		amount of payment to accompany the return. Failure to remit any
13		amount of increased payment shall reduce the contribution
14		accordingly. This Section shall not apply to any amended
15		return.
16		(Source: P.A. 93-36, eff. 6-24-03; revised 9-24-03.)
17		(35 ILCS 5/507BB)
18		Sec. 507BB 507Y. Asthma and Lung Research checkoff. The
19		Department must print on its standard individual income tax
20		form a provision indicating that if the taxpayer wishes to
21		contribute to the Asthma and Lung Research Fund, as authorized
22		by this amendatory Act of the 93rd General Assembly, he or she
23		may do so by stating the amount of the contribution (not less
24		than $1) on the return and that the contribution will reduce
25		the taxpayer's refund or increase the amount of payment to
26		accompany the return. Failure to remit any amount of increased
27		payment reduces the contribution accordingly. This Section
28		does not apply to an amended return.
29		(Source: P.A. 93-292, eff. 7-22-03; revised 9-24-03.)
30		(35 ILCS 5/507CC)
31		Sec. 507CC 507Y. The Leukemia Treatment and Education
32		checkoff. The Department shall print on its standard individual
33		income tax form a provision indicating that if the taxpayer

1		wishes to contribute to the Leukemia Treatment and Education
2		Fund, as authorized by this amendatory Act of the 93rd General
3		Assembly, he or she may do so be stating the amount of the
4		contribution (not less than $1) on the return and that the
5		contribution will reduce the taxpayer's refund or increase the
6		amount of payment to accompany the return. Failure to remit any
7		amount of increased payment shall reduce the contribution
8		accordingly. This Section shall not apply to any amended
9		return.
10		(Source: P.A. 93-324, eff. 7-23-03; revised 9-24-03.)
11		(35 ILCS 5/509) (from Ch. 120, par. 5-509)
12		Sec. 509. Tax checkoff explanations. All individual income
13		tax return forms shall contain appropriate explanations and
14		spaces to enable the taxpayers to designate contributions to
15		the following funds: the Child Abuse Prevention Fund, the
16		Illinois Wildlife Preservation Fund (as required by the
17		Illinois Non-Game Wildlife Protection Act), the Alzheimer's
18		Disease Research Fund (as required by the Alzheimer's Disease
19		Research Act), the Assistance to the Homeless Fund (as required
20		by this Act), the Penny Severns Breast and Cervical Cancer
21		Research Fund, the National World War II Memorial Fund, the
22		Prostate Cancer Research Fund, the Lou Gehrig's Disease (ALS)
23		Research Fund, the Multiple Sclerosis Assistance Fund, the
24		Leukemia Treatment and Education Fund, the World War II
25		Illinois Veterans Memorial Fund, the Korean War Veterans
26		National Museum and Library Fund, to the Illinois Military
27		Family Relief Fund, and the Asthma and Lung Research Fund.
28		Each form shall contain a statement that the contributions
29		will reduce the taxpayer's refund or increase the amount of
30		payment to accompany the return. Failure to remit any amount of
31		increased payment shall reduce the contribution accordingly.
32		If, on October 1 of any year, the total contributions to
33		any one of the funds made under this Section do not equal
34		$100,000 or more, the explanations and spaces for designating
35		contributions to the fund shall be removed from the individual

1		income tax return forms for the following and all subsequent
2		years and all subsequent contributions to the fund shall be
3		refunded to the taxpayer.
4		(Source: P.A. 92-84, eff. 7-1-02; 92-198, eff. 8-1-01; 92-651,
5		eff. 7-11-02; 92-772, eff. 8-6-02; 92-886, eff. 2-7-03; 93-36,
6		eff. 6-24-03; 93-131, eff. 7-10-03; 93-292, eff. 7-22-03;
7		93-324, eff. 7-23-03; revised 9-8-03.)
8		(35 ILCS 5/510) (from Ch. 120, par. 5-510)
9		Sec. 510. Determination of amounts contributed. The
10		Department shall determine the total amount contributed to each
11		of the following: the Child Abuse Prevention Fund, the Illinois
12		Wildlife Preservation Fund, the Assistance to the Homeless
13		Fund, the Alzheimer's Disease Research Fund, the Penny Severns
14		Breast and Cervical Cancer Research Fund, the National World
15		War II Memorial Fund, the Prostate Cancer Research Fund, to the
16		Illinois Military Family Relief Fund, the Lou Gehrig's Disease
17		(ALS) Research Fund, the Multiple Sclerosis Assistance Fund,
18		the Leukemia Treatment and Education Fund, the World War II
19		Illinois Veterans Memorial Fund, the Korean War Veterans
20		National Museum and Library Fund, and the Asthma and Lung
21		Research Fund; and shall notify the State Comptroller and the
22		State Treasurer of the amounts to be transferred from the
23		General Revenue Fund to each fund, and upon receipt of such
24		notification the State Treasurer and Comptroller shall
25		transfer the amounts.
26		(Source: P.A. 92-84, eff. 7-1-02; 92-198, eff. 8-1-01; 92-651,
27		eff. 7-11-02; 92-772, eff. 8-6-02; 92-886, eff. 2-7-03; 93-36,
28		eff. 6-24-03; 93-131, eff. 7-10-03; 93-292, eff. 7-22-03;
29		93-324, eff. 7-23-03; revised 9-8-03.)

30		Section 140. The Use Tax Act is amended by changing Section
31		3-5 as follows:
32		(35 ILCS 105/3-5) (from Ch. 120, par. 439.3-5)
33		Sec. 3-5. Exemptions. Use of the following tangible

1		personal property is exempt from the tax imposed by this Act:
2		(1) Personal property purchased from a corporation,
3		society, association, foundation, institution, or
4		organization, other than a limited liability company, that is
5		organized and operated as a not-for-profit service enterprise
6		for the benefit of persons 65 years of age or older if the
7		personal property was not purchased by the enterprise for the
8		purpose of resale by the enterprise.
9		(2) Personal property purchased by a not-for-profit
10		Illinois county fair association for use in conducting,
11		operating, or promoting the county fair.
12		(3) Personal property purchased by a not-for-profit arts or
13		cultural organization that establishes, by proof required by
14		the Department by rule, that it has received an exemption under
15		Section 501(c)(3) of the Internal Revenue Code and that is
16		organized and operated primarily for the presentation or
17		support of arts or cultural programming, activities, or
18		services. These organizations include, but are not limited to,
19		music and dramatic arts organizations such as symphony
20		orchestras and theatrical groups, arts and cultural service
21		organizations, local arts councils, visual arts organizations,
22		and media arts organizations. On and after the effective date
23		of this amendatory Act of the 92nd General Assembly, however,
24		an entity otherwise eligible for this exemption shall not make
25		tax-free purchases unless it has an active identification
26		number issued by the Department.
27		(4) Personal property purchased by a governmental body, by
28		a corporation, society, association, foundation, or
29		institution organized and operated exclusively for charitable,
30		religious, or educational purposes, or by a not-for-profit
31		corporation, society, association, foundation, institution, or
32		organization that has no compensated officers or employees and
33		that is organized and operated primarily for the recreation of
34		persons 55 years of age or older. A limited liability company
35		may qualify for the exemption under this paragraph only if the
36		limited liability company is organized and operated

1		exclusively for educational purposes. On and after July 1,
2		1987, however, no entity otherwise eligible for this exemption
3		shall make tax-free purchases unless it has an active exemption
4		identification number issued by the Department.
5		(5) Until July 1, 2003, a passenger car that is a
6		replacement vehicle to the extent that the purchase price of
7		the car is subject to the Replacement Vehicle Tax.
8		(6) Until July 1, 2003, graphic arts machinery and
9		equipment, including repair and replacement parts, both new and
10		used, and including that manufactured on special order,
11		certified by the purchaser to be used primarily for graphic
12		arts production, and including machinery and equipment
13		purchased for lease. Equipment includes chemicals or chemicals
14		acting as catalysts but only if the chemicals or chemicals
15		acting as catalysts effect a direct and immediate change upon a
16		graphic arts product.
17		(7) Farm chemicals.
18		(8) Legal tender, currency, medallions, or gold or silver
19		coinage issued by the State of Illinois, the government of the
20		United States of America, or the government of any foreign
21		country, and bullion.
22		(9) Personal property purchased from a teacher-sponsored
23		student organization affiliated with an elementary or
24		secondary school located in Illinois.
25		(10) A motor vehicle of the first division, a motor vehicle
26		of the second division that is a self-contained motor vehicle
27		designed or permanently converted to provide living quarters
28		for recreational, camping, or travel use, with direct walk
29		through to the living quarters from the driver's seat, or a
30		motor vehicle of the second division that is of the van
31		configuration designed for the transportation of not less than
32		7 nor more than 16 passengers, as defined in Section 1-146 of
33		the Illinois Vehicle Code, that is used for automobile renting,
34		as defined in the Automobile Renting Occupation and Use Tax
35		Act.
36		(11) Farm machinery and equipment, both new and used,

1		including that manufactured on special order, certified by the
2		purchaser to be used primarily for production agriculture or
3		State or federal agricultural programs, including individual
4		replacement parts for the machinery and equipment, including
5		machinery and equipment purchased for lease, and including
6		implements of husbandry defined in Section 1-130 of the
7		Illinois Vehicle Code, farm machinery and agricultural
8		chemical and fertilizer spreaders, and nurse wagons required to
9		be registered under Section 3-809 of the Illinois Vehicle Code,
10		but excluding other motor vehicles required to be registered
11		under the Illinois Vehicle Code. Horticultural polyhouses or
12		hoop houses used for propagating, growing, or overwintering
13		plants shall be considered farm machinery and equipment under
14		this item (11). Agricultural chemical tender tanks and dry
15		boxes shall include units sold separately from a motor vehicle
16		required to be licensed and units sold mounted on a motor
17		vehicle required to be licensed if the selling price of the
18		tender is separately stated.
19		Farm machinery and equipment shall include precision
20		farming equipment that is installed or purchased to be
21		installed on farm machinery and equipment including, but not
22		limited to, tractors, harvesters, sprayers, planters, seeders,
23		or spreaders. Precision farming equipment includes, but is not
24		limited to, soil testing sensors, computers, monitors,
25		software, global positioning and mapping systems, and other
26		such equipment.
27		Farm machinery and equipment also includes computers,
28		sensors, software, and related equipment used primarily in the
29		computer-assisted operation of production agriculture
30		facilities, equipment, and activities such as, but not limited
31		to, the collection, monitoring, and correlation of animal and
32		crop data for the purpose of formulating animal diets and
33		agricultural chemicals. This item (11) is exempt from the
34		provisions of Section 3-90.
35		(12) Fuel and petroleum products sold to or used by an air
36		common carrier, certified by the carrier to be used for

1		consumption, shipment, or storage in the conduct of its
2		business as an air common carrier, for a flight destined for or
3		returning from a location or locations outside the United
4		States without regard to previous or subsequent domestic
5		stopovers.
6		(13) Proceeds of mandatory service charges separately
7		stated on customers' bills for the purchase and consumption of
8		food and beverages purchased at retail from a retailer, to the
9		extent that the proceeds of the service charge are in fact
10		turned over as tips or as a substitute for tips to the
11		employees who participate directly in preparing, serving,
12		hosting or cleaning up the food or beverage function with
13		respect to which the service charge is imposed.
14		(14) Until July 1, 2003, oil field exploration, drilling,
15		and production equipment, including (i) rigs and parts of rigs,
16		rotary rigs, cable tool rigs, and workover rigs, (ii) pipe and
17		tubular goods, including casing and drill strings, (iii) pumps
18		and pump-jack units, (iv) storage tanks and flow lines, (v) any
19		individual replacement part for oil field exploration,
20		drilling, and production equipment, and (vi) machinery and
21		equipment purchased for lease; but excluding motor vehicles
22		required to be registered under the Illinois Vehicle Code.
23		(15) Photoprocessing machinery and equipment, including
24		repair and replacement parts, both new and used, including that
25		manufactured on special order, certified by the purchaser to be
26		used primarily for photoprocessing, and including
27		photoprocessing machinery and equipment purchased for lease.
28		(16) Until July 1, 2003, coal exploration, mining,
29		offhighway hauling, processing, maintenance, and reclamation
30		equipment, including replacement parts and equipment, and
31		including equipment purchased for lease, but excluding motor
32		vehicles required to be registered under the Illinois Vehicle
33		Code.
34		(17) Until July 1, 2003, distillation machinery and
35		equipment, sold as a unit or kit, assembled or installed by the
36		retailer, certified by the user to be used only for the

1		production of ethyl alcohol that will be used for consumption
2		as motor fuel or as a component of motor fuel for the personal
3		use of the user, and not subject to sale or resale.
4		(18) Manufacturing and assembling machinery and equipment
5		used primarily in the process of manufacturing or assembling
6		tangible personal property for wholesale or retail sale or
7		lease, whether that sale or lease is made directly by the
8		manufacturer or by some other person, whether the materials
9		used in the process are owned by the manufacturer or some other
10		person, or whether that sale or lease is made apart from or as
11		an incident to the seller's engaging in the service occupation
12		of producing machines, tools, dies, jigs, patterns, gauges, or
13		other similar items of no commercial value on special order for
14		a particular purchaser.
15		(19) Personal property delivered to a purchaser or
16		purchaser's donee inside Illinois when the purchase order for
17		that personal property was received by a florist located
18		outside Illinois who has a florist located inside Illinois
19		deliver the personal property.
20		(20) Semen used for artificial insemination of livestock
21		for direct agricultural production.
22		(21) Horses, or interests in horses, registered with and
23		meeting the requirements of any of the Arabian Horse Club
24		Registry of America, Appaloosa Horse Club, American Quarter
25		Horse Association, United States Trotting Association, or
26		Jockey Club, as appropriate, used for purposes of breeding or
27		racing for prizes.
28		(22) Computers and communications equipment utilized for
29		any hospital purpose and equipment used in the diagnosis,
30		analysis, or treatment of hospital patients purchased by a
31		lessor who leases the equipment, under a lease of one year or
32		longer executed or in effect at the time the lessor would
33		otherwise be subject to the tax imposed by this Act, to a
34		hospital that has been issued an active tax exemption
35		identification number by the Department under Section 1g of the
36		Retailers' Occupation Tax Act. If the equipment is leased in a

1		manner that does not qualify for this exemption or is used in
2		any other non-exempt manner, the lessor shall be liable for the
3		tax imposed under this Act or the Service Use Tax Act, as the
4		case may be, based on the fair market value of the property at
5		the time the non-qualifying use occurs. No lessor shall collect
6		or attempt to collect an amount (however designated) that
7		purports to reimburse that lessor for the tax imposed by this
8		Act or the Service Use Tax Act, as the case may be, if the tax
9		has not been paid by the lessor. If a lessor improperly
10		collects any such amount from the lessee, the lessee shall have
11		a legal right to claim a refund of that amount from the lessor.
12		If, however, that amount is not refunded to the lessee for any
13		reason, the lessor is liable to pay that amount to the
14		Department.
15		(23) Personal property purchased by a lessor who leases the
16		property, under a lease of one year or longer executed or in
17		effect at the time the lessor would otherwise be subject to the
18		tax imposed by this Act, to a governmental body that has been
19		issued an active sales tax exemption identification number by
20		the Department under Section 1g of the Retailers' Occupation
21		Tax Act. If the property is leased in a manner that does not
22		qualify for this exemption or used in any other non-exempt
23		manner, the lessor shall be liable for the tax imposed under
24		this Act or the Service Use Tax Act, as the case may be, based
25		on the fair market value of the property at the time the
26		non-qualifying use occurs. No lessor shall collect or attempt
27		to collect an amount (however designated) that purports to
28		reimburse that lessor for the tax imposed by this Act or the
29		Service Use Tax Act, as the case may be, if the tax has not been
30		paid by the lessor. If a lessor improperly collects any such
31		amount from the lessee, the lessee shall have a legal right to
32		claim a refund of that amount from the lessor. If, however,
33		that amount is not refunded to the lessee for any reason, the
34		lessor is liable to pay that amount to the Department.
35		(24) Beginning with taxable years ending on or after
36		December 31, 1995 and ending with taxable years ending on or

1		before December 31, 2004, personal property that is donated for
2		disaster relief to be used in a State or federally declared
3		disaster area in Illinois or bordering Illinois by a
4		manufacturer or retailer that is registered in this State to a
5		corporation, society, association, foundation, or institution
6		that has been issued a sales tax exemption identification
7		number by the Department that assists victims of the disaster
8		who reside within the declared disaster area.
9		(25) Beginning with taxable years ending on or after
10		December 31, 1995 and ending with taxable years ending on or
11		before December 31, 2004, personal property that is used in the
12		performance of infrastructure repairs in this State, including
13		but not limited to municipal roads and streets, access roads,
14		bridges, sidewalks, waste disposal systems, water and sewer
15		line extensions, water distribution and purification
16		facilities, storm water drainage and retention facilities, and
17		sewage treatment facilities, resulting from a State or
18		federally declared disaster in Illinois or bordering Illinois
19		when such repairs are initiated on facilities located in the
20		declared disaster area within 6 months after the disaster.
21		(26) Beginning July 1, 1999, game or game birds purchased
22		at a "game breeding and hunting preserve area" or an "exotic
23		game hunting area" as those terms are used in the Wildlife Code
24		or at a hunting enclosure approved through rules adopted by the
25		Department of Natural Resources. This paragraph is exempt from
26		the provisions of Section 3-90.
27		(27) A motor vehicle, as that term is defined in Section
28		1-146 of the Illinois Vehicle Code, that is donated to a
29		corporation, limited liability company, society, association,
30		foundation, or institution that is determined by the Department
31		to be organized and operated exclusively for educational
32		purposes. For purposes of this exemption, "a corporation,
33		limited liability company, society, association, foundation,
34		or institution organized and operated exclusively for
35		educational purposes" means all tax-supported public schools,
36		private schools that offer systematic instruction in useful

1		branches of learning by methods common to public schools and
2		that compare favorably in their scope and intensity with the
3		course of study presented in tax-supported schools, and
4		vocational or technical schools or institutes organized and
5		operated exclusively to provide a course of study of not less
6		than 6 weeks duration and designed to prepare individuals to
7		follow a trade or to pursue a manual, technical, mechanical,
8		industrial, business, or commercial occupation.
9		(28) Beginning January 1, 2000, personal property,
10		including food, purchased through fundraising events for the
11		benefit of a public or private elementary or secondary school,
12		a group of those schools, or one or more school districts if
13		the events are sponsored by an entity recognized by the school
14		district that consists primarily of volunteers and includes
15		parents and teachers of the school children. This paragraph
16		does not apply to fundraising events (i) for the benefit of
17		private home instruction or (ii) for which the fundraising
18		entity purchases the personal property sold at the events from
19		another individual or entity that sold the property for the
20		purpose of resale by the fundraising entity and that profits
21		from the sale to the fundraising entity. This paragraph is
22		exempt from the provisions of Section 3-90.
23		(29) Beginning January 1, 2000 and through December 31,
24		2001, new or used automatic vending machines that prepare and
25		serve hot food and beverages, including coffee, soup, and other
26		items, and replacement parts for these machines. Beginning
27		January 1, 2002 and through June 30, 2003, machines and parts
28		for machines used in commercial, coin-operated amusement and
29		vending business if a use or occupation tax is paid on the
30		gross receipts derived from the use of the commercial,
31		coin-operated amusement and vending machines. This paragraph
32		is exempt from the provisions of Section 3-90.
33		(30) Food for human consumption that is to be consumed off
34		the premises where it is sold (other than alcoholic beverages,
35		soft drinks, and food that has been prepared for immediate
36		consumption) and prescription and nonprescription medicines,

1		drugs, medical appliances, and insulin, urine testing
2		materials, syringes, and needles used by diabetics, for human
3		use, when purchased for use by a person receiving medical
4		assistance under Article 5 of the Illinois Public Aid Code who
5		resides in a licensed long-term care facility, as defined in
6		the Nursing Home Care Act.
7		(31) Beginning on the effective date of this amendatory Act
8		of the 92nd General Assembly, computers and communications
9		equipment utilized for any hospital purpose and equipment used
10		in the diagnosis, analysis, or treatment of hospital patients
11		purchased by a lessor who leases the equipment, under a lease
12		of one year or longer executed or in effect at the time the
13		lessor would otherwise be subject to the tax imposed by this
14		Act, to a hospital that has been issued an active tax exemption
15		identification number by the Department under Section 1g of the
16		Retailers' Occupation Tax Act. If the equipment is leased in a
17		manner that does not qualify for this exemption or is used in
18		any other nonexempt manner, the lessor shall be liable for the
19		tax imposed under this Act or the Service Use Tax Act, as the
20		case may be, based on the fair market value of the property at
21		the time the nonqualifying use occurs. No lessor shall collect
22		or attempt to collect an amount (however designated) that
23		purports to reimburse that lessor for the tax imposed by this
24		Act or the Service Use Tax Act, as the case may be, if the tax
25		has not been paid by the lessor. If a lessor improperly
26		collects any such amount from the lessee, the lessee shall have
27		a legal right to claim a refund of that amount from the lessor.
28		If, however, that amount is not refunded to the lessee for any
29		reason, the lessor is liable to pay that amount to the
30		Department. This paragraph is exempt from the provisions of
31		Section 3-90.
32		(32) Beginning on the effective date of this amendatory Act
33		of the 92nd General Assembly, personal property purchased by a
34		lessor who leases the property, under a lease of one year or
35		longer executed or in effect at the time the lessor would
36		otherwise be subject to the tax imposed by this Act, to a

1		governmental body that has been issued an active sales tax
2		exemption identification number by the Department under
3		Section 1g of the Retailers' Occupation Tax Act. If the
4		property is leased in a manner that does not qualify for this
5		exemption or used in any other nonexempt manner, the lessor
6		shall be liable for the tax imposed under this Act or the
7		Service Use Tax Act, as the case may be, based on the fair
8		market value of the property at the time the nonqualifying use
9		occurs. No lessor shall collect or attempt to collect an amount
10		(however designated) that purports to reimburse that lessor for
11		the tax imposed by this Act or the Service Use Tax Act, as the
12		case may be, if the tax has not been paid by the lessor. If a
13		lessor improperly collects any such amount from the lessee, the
14		lessee shall have a legal right to claim a refund of that
15		amount from the lessor. If, however, that amount is not
16		refunded to the lessee for any reason, the lessor is liable to
17		pay that amount to the Department. This paragraph is exempt
18		from the provisions of Section 3-90.
19		(33) On and after July 1, 2003, the use in this State of
20		motor vehicles of the second division with a gross vehicle
21		weight in excess of 8,000 pounds and that are subject to the
22		commercial distribution fee imposed under Section 3-815.1 of
23		the Illinois Vehicle Code. This exemption applies to repair and
24		replacement parts added after the initial purchase of such a
25		motor vehicle if that motor vehicle is used in a manner that
26		would qualify for the rolling stock exemption otherwise
27		provided for in this Act.
28		(Source: P.A. 92-35, eff. 7-1-01; 92-227, eff. 8-2-01; 92-337,
29		eff. 8-10-01; 92-484, eff. 8-23-01; 92-651, eff. 7-11-02;
30		93-23, eff. 6-20-03; 93-24, eff. 6-20-03; revised 9-11-03.)

31		Section 145. The Service Use Tax Act is amended by changing
32		Section 2 as follows:
33		(35 ILCS 110/2) (from Ch. 120, par. 439.32)
34		Sec. 2. "Use" means the exercise by any person of any right

1		or power over tangible personal property incident to the
2		ownership of that property, but does not include the sale or
3		use for demonstration by him of that property in any form as
4		tangible personal property in the regular course of business.
5		"Use" does not mean the interim use of tangible personal
6		property nor the physical incorporation of tangible personal
7		property, as an ingredient or constituent, into other tangible
8		personal property, (a) which is sold in the regular course of
9		business or (b) which the person incorporating such ingredient
10		or constituent therein has undertaken at the time of such
11		purchase to cause to be transported in interstate commerce to
12		destinations outside the State of Illinois.
13		"Purchased from a serviceman" means the acquisition of the
14		ownership of, or title to, tangible personal property through a
15		sale of service.
16		"Purchaser" means any person who, through a sale of
17		service, acquires the ownership of, or title to, any tangible
18		personal property.
19		"Cost price" means the consideration paid by the serviceman
20		for a purchase valued in money, whether paid in money or
21		otherwise, including cash, credits and services, and shall be
22		determined without any deduction on account of the supplier's
23		cost of the property sold or on account of any other expense
24		incurred by the supplier. When a serviceman contracts out part
25		or all of the services required in his sale of service, it
26		shall be presumed that the cost price to the serviceman of the
27		property transferred to him or her by his or her subcontractor
28		is equal to 50% of the subcontractor's charges to the
29		serviceman in the absence of proof of the consideration paid by
30		the subcontractor for the purchase of such property.
31		"Selling price" means the consideration for a sale valued
32		in money whether received in money or otherwise, including
33		cash, credits and service, and shall be determined without any
34		deduction on account of the serviceman's cost of the property
35		sold, the cost of materials used, labor or service cost or any
36		other expense whatsoever, but does not include interest or

1		finance charges which appear as separate items on the bill of
2		sale or sales contract nor charges that are added to prices by
3		sellers on account of the seller's duty to collect, from the
4		purchaser, the tax that is imposed by this Act.
5		"Department" means the Department of Revenue.
6		"Person" means any natural individual, firm, partnership,
7		association, joint stock company, joint venture, public or
8		private corporation, limited liability company, and any
9		receiver, executor, trustee, guardian or other representative
10		appointed by order of any court.
11		"Sale of service" means any transaction except:
12		(1) a retail sale of tangible personal property taxable
13		under the Retailers' Occupation Tax Act or under the Use
14		Tax Act.
15		(2) a sale of tangible personal property for the
16		purpose of resale made in compliance with Section 2c of the
17		Retailers' Occupation Tax Act.
18		(3) except as hereinafter provided, a sale or transfer
19		of tangible personal property as an incident to the
20		rendering of service for or by any governmental body, or
21		for or by any corporation, society, association,
22		foundation or institution organized and operated
23		exclusively for charitable, religious or educational
24		purposes or any not-for-profit corporation, society,
25		association, foundation, institution or organization which
26		has no compensated officers or employees and which is
27		organized and operated primarily for the recreation of
28		persons 55 years of age or older. A limited liability
29		company may qualify for the exemption under this paragraph
30		only if the limited liability company is organized and
31		operated exclusively for educational purposes.
32		(4) a sale or transfer of tangible personal property as
33		an incident to the rendering of service for interstate
34		carriers for hire for use as rolling stock moving in
35		interstate commerce or by lessors under a lease of one year
36		or longer, executed or in effect at the time of purchase of

1		personal property, to interstate carriers for hire for use
2		as rolling stock moving in interstate commerce so long as
3		so used by such interstate carriers for hire, and equipment
4		operated by a telecommunications provider, licensed as a
5		common carrier by the Federal Communications Commission,
6		which is permanently installed in or affixed to aircraft
7		moving in interstate commerce.
8		(4a) a sale or transfer of tangible personal property
9		as an incident to the rendering of service for owners,
10		lessors, or shippers of tangible personal property which is
11		utilized by interstate carriers for hire for use as rolling
12		stock moving in interstate commerce so long as so used by
13		interstate carriers for hire, and equipment operated by a
14		telecommunications provider, licensed as a common carrier
15		by the Federal Communications Commission, which is
16		permanently installed in or affixed to aircraft moving in
17		interstate commerce.
18		(4a-5) on and after July 1, 2003, a sale or transfer of
19		a motor vehicle of the second division with a gross vehicle
20		weight in excess of 8,000 pounds as an incident to the
21		rendering of service if that motor vehicle is subject to
22		the commercial distribution fee imposed under Section
23		3-815.1 of the Illinois Vehicle Code. This exemption
24		applies to repair and replacement parts added after the
25		initial purchase of such a motor vehicle if that motor
26		vehicle is used in a manner that would qualify for the
27		rolling stock exemption otherwise provided for in this Act.
28		(5) a sale or transfer of machinery and equipment used
29		primarily in the process of the manufacturing or
30		assembling, either in an existing, an expanded or a new
31		manufacturing facility, of tangible personal property for
32		wholesale or retail sale or lease, whether such sale or
33		lease is made directly by the manufacturer or by some other
34		person, whether the materials used in the process are owned
35		by the manufacturer or some other person, or whether such
36		sale or lease is made apart from or as an incident to the

1		seller's engaging in a service occupation and the
2		applicable tax is a Service Use Tax or Service Occupation
3		Tax, rather than Use Tax or Retailers' Occupation Tax.
4		(5a) the repairing, reconditioning or remodeling, for
5		a common carrier by rail, of tangible personal property
6		which belongs to such carrier for hire, and as to which
7		such carrier receives the physical possession of the
8		repaired, reconditioned or remodeled item of tangible
9		personal property in Illinois, and which such carrier
10		transports, or shares with another common carrier in the
11		transportation of such property, out of Illinois on a
12		standard uniform bill of lading showing the person who
13		repaired, reconditioned or remodeled the property to a
14		destination outside Illinois, for use outside Illinois.
15		(5b) a sale or transfer of tangible personal property
16		which is produced by the seller thereof on special order in
17		such a way as to have made the applicable tax the Service
18		Occupation Tax or the Service Use Tax, rather than the
19		Retailers' Occupation Tax or the Use Tax, for an interstate
20		carrier by rail which receives the physical possession of
21		such property in Illinois, and which transports such
22		property, or shares with another common carrier in the
23		transportation of such property, out of Illinois on a
24		standard uniform bill of lading showing the seller of the
25		property as the shipper or consignor of such property to a
26		destination outside Illinois, for use outside Illinois.
27		(6) until July 1, 2003, a sale or transfer of
28		distillation machinery and equipment, sold as a unit or kit
29		and assembled or installed by the retailer, which machinery
30		and equipment is certified by the user to be used only for
31		the production of ethyl alcohol that will be used for
32		consumption as motor fuel or as a component of motor fuel
33		for the personal use of such user and not subject to sale
34		or resale.
35		(7) at the election of any serviceman not required to
36		be otherwise registered as a retailer under Section 2a of

1		the Retailers' Occupation Tax Act, made for each fiscal
2		year sales of service in which the aggregate annual cost
3		price of tangible personal property transferred as an
4		incident to the sales of service is less than 35%, or 75%
5		in the case of servicemen transferring prescription drugs
6		or servicemen engaged in graphic arts production, of the
7		aggregate annual total gross receipts from all sales of
8		service. The purchase of such tangible personal property by
9		the serviceman shall be subject to tax under the Retailers'
10		Occupation Tax Act and the Use Tax Act. However, if a
11		primary serviceman who has made the election described in
12		this paragraph subcontracts service work to a secondary
13		serviceman who has also made the election described in this
14		paragraph, the primary serviceman does not incur a Use Tax
15		liability if the secondary serviceman (i) has paid or will
16		pay Use Tax on his or her cost price of any tangible
17		personal property transferred to the primary serviceman
18		and (ii) certifies that fact in writing to the primary
19		serviceman.
20		Tangible personal property transferred incident to the
21		completion of a maintenance agreement is exempt from the tax
22		imposed pursuant to this Act.
23		Exemption (5) also includes machinery and equipment used in
24		the general maintenance or repair of such exempt machinery and
25		equipment or for in-house manufacture of exempt machinery and
26		equipment. For the purposes of exemption (5), each of these
27		terms shall have the following meanings: (1) "manufacturing
28		process" shall mean the production of any article of tangible
29		personal property, whether such article is a finished product
30		or an article for use in the process of manufacturing or
31		assembling a different article of tangible personal property,
32		by procedures commonly regarded as manufacturing, processing,
33		fabricating, or refining which changes some existing material
34		or materials into a material with a different form, use or
35		name. In relation to a recognized integrated business composed
36		of a series of operations which collectively constitute

1		manufacturing, or individually constitute manufacturing
2		operations, the manufacturing process shall be deemed to
3		commence with the first operation or stage of production in the
4		series, and shall not be deemed to end until the completion of
5		the final product in the last operation or stage of production
6		in the series; and further, for purposes of exemption (5),
7		photoprocessing is deemed to be a manufacturing process of
8		tangible personal property for wholesale or retail sale; (2)
9		"assembling process" shall mean the production of any article
10		of tangible personal property, whether such article is a
11		finished product or an article for use in the process of
12		manufacturing or assembling a different article of tangible
13		personal property, by the combination of existing materials in
14		a manner commonly regarded as assembling which results in a
15		material of a different form, use or name; (3) "machinery"
16		shall mean major mechanical machines or major components of
17		such machines contributing to a manufacturing or assembling
18		process; and (4) "equipment" shall include any independent
19		device or tool separate from any machinery but essential to an
20		integrated manufacturing or assembly process; including
21		computers used primarily in a manufacturer's computer assisted
22		design, computer assisted manufacturing (CAD/CAM) system; or
23		any subunit or assembly comprising a component of any machinery
24		or auxiliary, adjunct or attachment parts of machinery, such as
25		tools, dies, jigs, fixtures, patterns and molds; or any parts
26		which require periodic replacement in the course of normal
27		operation; but shall not include hand tools. Equipment includes
28		chemicals or chemicals acting as catalysts but only if the
29		chemicals or chemicals acting as catalysts effect a direct and
30		immediate change upon a product being manufactured or assembled
31		for wholesale or retail sale or lease. The purchaser of such
32		machinery and equipment who has an active resale registration
33		number shall furnish such number to the seller at the time of
34		purchase. The user of such machinery and equipment and tools
35		without an active resale registration number shall prepare a
36		certificate of exemption for each transaction stating facts

1		establishing the exemption for that transaction, which
2		certificate shall be available to the Department for inspection
3		or audit. The Department shall prescribe the form of the
4		certificate.
5		Any informal rulings, opinions or letters issued by the
6		Department in response to an inquiry or request for any opinion
7		from any person regarding the coverage and applicability of
8		exemption (5) to specific devices shall be published,
9		maintained as a public record, and made available for public
10		inspection and copying. If the informal ruling, opinion or
11		letter contains trade secrets or other confidential
12		information, where possible the Department shall delete such
13		information prior to publication. Whenever such informal
14		rulings, opinions, or letters contain any policy of general
15		applicability, the Department shall formulate and adopt such
16		policy as a rule in accordance with the provisions of the
17		Illinois Administrative Procedure Act.
18		On and after July 1, 1987, no entity otherwise eligible
19		under exemption (3) of this Section shall make tax free
20		purchases unless it has an active exemption identification
21		number issued by the Department.
22		The purchase, employment and transfer of such tangible
23		personal property as newsprint and ink for the primary purpose
24		of conveying news (with or without other information) is not a
25		purchase, use or sale of service or of tangible personal
26		property within the meaning of this Act.
27		"Serviceman" means any person who is engaged in the
28		occupation of making sales of service.
29		"Sale at retail" means "sale at retail" as defined in the
30		Retailers' Occupation Tax Act.
31		"Supplier" means any person who makes sales of tangible
32		personal property to servicemen for the purpose of resale as an
33		incident to a sale of service.
34		"Serviceman maintaining a place of business in this State",
35		or any like term, means and includes any serviceman:
36		1. having or maintaining within this State, directly or

1		by a subsidiary, an office, distribution house, sales
2		house, warehouse or other place of business, or any agent
3		or other representative operating within this State under
4		the authority of the serviceman or its subsidiary,
5		irrespective of whether such place of business or agent or
6		other representative is located here permanently or
7		temporarily, or whether such serviceman or subsidiary is
8		licensed to do business in this State;
9		2. soliciting orders for tangible personal property by
10		means of a telecommunication or television shopping system
11		(which utilizes toll free numbers) which is intended by the
12		retailer to be broadcast by cable television or other means
13		of broadcasting, to consumers located in this State;
14		3. pursuant to a contract with a broadcaster or
15		publisher located in this State, soliciting orders for
16		tangible personal property by means of advertising which is
17		disseminated primarily to consumers located in this State
18		and only secondarily to bordering jurisdictions;
19		4. soliciting orders for tangible personal property by
20		mail if the solicitations are substantial and recurring and
21		if the retailer benefits from any banking, financing, debt
22		collection, telecommunication, or marketing activities
23		occurring in this State or benefits from the location in
24		this State of authorized installation, servicing, or
25		repair facilities;
26		5. being owned or controlled by the same interests
27		which own or control any retailer engaging in business in
28		the same or similar line of business in this State;
29		6. having a franchisee or licensee operating under its
30		trade name if the franchisee or licensee is required to
31		collect the tax under this Section;
32		7. pursuant to a contract with a cable television
33		operator located in this State, soliciting orders for
34		tangible personal property by means of advertising which is
35		transmitted or distributed over a cable television system
36		in this State; or

1		8. engaging in activities in Illinois, which
2		activities in the state in which the supply business
3		engaging in such activities is located would constitute
4		maintaining a place of business in that state.
5		(Source: P.A. 92-484, eff. 8-23-01; 93-23, eff. 6-20-03; 93-24,
6		eff. 6-20-03; revised 8-21-03.)

7		Section 150. The Service Occupation Tax Act is amended by
8		changing Section 2 as follows:
9		(35 ILCS 115/2) (from Ch. 120, par. 439.102)
10		Sec. 2. "Transfer" means any transfer of the title to
11		property or of the ownership of property whether or not the
12		transferor retains title as security for the payment of amounts
13		due him from the transferee.
14		"Cost Price" means the consideration paid by the serviceman
15		for a purchase valued in money, whether paid in money or
16		otherwise, including cash, credits and services, and shall be
17		determined without any deduction on account of the supplier's
18		cost of the property sold or on account of any other expense
19		incurred by the supplier. When a serviceman contracts out part
20		or all of the services required in his sale of service, it
21		shall be presumed that the cost price to the serviceman of the
22		property transferred to him by his or her subcontractor is
23		equal to 50% of the subcontractor's charges to the serviceman
24		in the absence of proof of the consideration paid by the
25		subcontractor for the purchase of such property.
26		"Department" means the Department of Revenue.
27		"Person" means any natural individual, firm, partnership,
28		association, joint stock company, joint venture, public or
29		private corporation, limited liability company, and any
30		receiver, executor, trustee, guardian or other representative
31		appointed by order of any court.
32		"Sale of Service" means any transaction except:
33		(a) A retail sale of tangible personal property taxable
34		under the Retailers' Occupation Tax Act or under the Use Tax

1		Act.
2		(b) A sale of tangible personal property for the purpose of
3		resale made in compliance with Section 2c of the Retailers'
4		Occupation Tax Act.
5		(c) Except as hereinafter provided, a sale or transfer of
6		tangible personal property as an incident to the rendering of
7		service for or by any governmental body or for or by any
8		corporation, society, association, foundation or institution
9		organized and operated exclusively for charitable, religious
10		or educational purposes or any not-for-profit corporation,
11		society, association, foundation, institution or organization
12		which has no compensated officers or employees and which is
13		organized and operated primarily for the recreation of persons
14		55 years of age or older. A limited liability company may
15		qualify for the exemption under this paragraph only if the
16		limited liability company is organized and operated
17		exclusively for educational purposes.
18		(d) A sale or transfer of tangible personal property as an
19		incident to the rendering of service for interstate carriers
20		for hire for use as rolling stock moving in interstate commerce
21		or lessors under leases of one year or longer, executed or in
22		effect at the time of purchase, to interstate carriers for hire
23		for use as rolling stock moving in interstate commerce, and
24		equipment operated by a telecommunications provider, licensed
25		as a common carrier by the Federal Communications Commission,
26		which is permanently installed in or affixed to aircraft moving
27		in interstate commerce.
28		(d-1) A sale or transfer of tangible personal property as
29		an incident to the rendering of service for owners, lessors or
30		shippers of tangible personal property which is utilized by
31		interstate carriers for hire for use as rolling stock moving in
32		interstate commerce, and equipment operated by a
33		telecommunications provider, licensed as a common carrier by
34		the Federal Communications Commission, which is permanently
35		installed in or affixed to aircraft moving in interstate
36		commerce.

1		(d-1.1) On and after July 1, 2003, a sale or transfer of a
2		motor vehicle of the second division with a gross vehicle
3		weight in excess of 8,000 pounds as an incident to the
4		rendering of service if that motor vehicle is subject to the
5		commercial distribution fee imposed under Section 3-815.1 of
6		the Illinois Vehicle Code. This exemption applies to repair and
7		replacement parts added after the initial purchase of such a
8		motor vehicle if that motor vehicle is used in a manner that
9		would qualify for the rolling stock exemption otherwise
10		provided for in this Act.
11		(d-2) The repairing, reconditioning or remodeling, for a
12		common carrier by rail, of tangible personal property which
13		belongs to such carrier for hire, and as to which such carrier
14		receives the physical possession of the repaired,
15		reconditioned or remodeled item of tangible personal property
16		in Illinois, and which such carrier transports, or shares with
17		another common carrier in the transportation of such property,
18		out of Illinois on a standard uniform bill of lading showing
19		the person who repaired, reconditioned or remodeled the
20		property as the shipper or consignor of such property to a
21		destination outside Illinois, for use outside Illinois.
22		(d-3) A sale or transfer of tangible personal property
23		which is produced by the seller thereof on special order in
24		such a way as to have made the applicable tax the Service
25		Occupation Tax or the Service Use Tax, rather than the
26		Retailers' Occupation Tax or the Use Tax, for an interstate
27		carrier by rail which receives the physical possession of such
28		property in Illinois, and which transports such property, or
29		shares with another common carrier in the transportation of
30		such property, out of Illinois on a standard uniform bill of
31		lading showing the seller of the property as the shipper or
32		consignor of such property to a destination outside Illinois,
33		for use outside Illinois.
34		(d-4) Until January 1, 1997, a sale, by a registered
35		serviceman paying tax under this Act to the Department, of
36		special order printed materials delivered outside Illinois and

1		which are not returned to this State, if delivery is made by
2		the seller or agent of the seller, including an agent who
3		causes the product to be delivered outside Illinois by a common
4		carrier or the U.S. postal service.
5		(e) A sale or transfer of machinery and equipment used
6		primarily in the process of the manufacturing or assembling,
7		either in an existing, an expanded or a new manufacturing
8		facility, of tangible personal property for wholesale or retail
9		sale or lease, whether such sale or lease is made directly by
10		the manufacturer or by some other person, whether the materials
11		used in the process are owned by the manufacturer or some other
12		person, or whether such sale or lease is made apart from or as
13		an incident to the seller's engaging in a service occupation
14		and the applicable tax is a Service Occupation Tax or Service
15		Use Tax, rather than Retailers' Occupation Tax or Use Tax.
16		(f) Until July 1, 2003, the sale or transfer of
17		distillation machinery and equipment, sold as a unit or kit and
18		assembled or installed by the retailer, which machinery and
19		equipment is certified by the user to be used only for the
20		production of ethyl alcohol that will be used for consumption
21		as motor fuel or as a component of motor fuel for the personal
22		use of such user and not subject to sale or resale.
23		(g) At the election of any serviceman not required to be
24		otherwise registered as a retailer under Section 2a of the
25		Retailers' Occupation Tax Act, made for each fiscal year sales
26		of service in which the aggregate annual cost price of tangible
27		personal property transferred as an incident to the sales of
28		service is less than 35% (75% in the case of servicemen
29		transferring prescription drugs or servicemen engaged in
30		graphic arts production) of the aggregate annual total gross
31		receipts from all sales of service. The purchase of such
32		tangible personal property by the serviceman shall be subject
33		to tax under the Retailers' Occupation Tax Act and the Use Tax
34		Act. However, if a primary serviceman who has made the election
35		described in this paragraph subcontracts service work to a
36		secondary serviceman who has also made the election described

1		in this paragraph, the primary serviceman does not incur a Use
2		Tax liability if the secondary serviceman (i) has paid or will
3		pay Use Tax on his or her cost price of any tangible personal
4		property transferred to the primary serviceman and (ii)
5		certifies that fact in writing to the primary serviceman.
6		Tangible personal property transferred incident to the
7		completion of a maintenance agreement is exempt from the tax
8		imposed pursuant to this Act.
9		Exemption (e) also includes machinery and equipment used in
10		the general maintenance or repair of such exempt machinery and
11		equipment or for in-house manufacture of exempt machinery and
12		equipment. For the purposes of exemption (e), each of these
13		terms shall have the following meanings: (1) "manufacturing
14		process" shall mean the production of any article of tangible
15		personal property, whether such article is a finished product
16		or an article for use in the process of manufacturing or
17		assembling a different article of tangible personal property,
18		by procedures commonly regarded as manufacturing, processing,
19		fabricating, or refining which changes some existing material
20		or materials into a material with a different form, use or
21		name. In relation to a recognized integrated business composed
22		of a series of operations which collectively constitute
23		manufacturing, or individually constitute manufacturing
24		operations, the manufacturing process shall be deemed to
25		commence with the first operation or stage of production in the
26		series, and shall not be deemed to end until the completion of
27		the final product in the last operation or stage of production
28		in the series; and further for purposes of exemption (e),
29		photoprocessing is deemed to be a manufacturing process of
30		tangible personal property for wholesale or retail sale; (2)
31		"assembling process" shall mean the production of any article
32		of tangible personal property, whether such article is a
33		finished product or an article for use in the process of
34		manufacturing or assembling a different article of tangible
35		personal property, by the combination of existing materials in
36		a manner commonly regarded as assembling which results in a

1		material of a different form, use or name; (3) "machinery"
2		shall mean major mechanical machines or major components of
3		such machines contributing to a manufacturing or assembling
4		process; and (4) "equipment" shall include any independent
5		device or tool separate from any machinery but essential to an
6		integrated manufacturing or assembly process; including
7		computers used primarily in a manufacturer's computer assisted
8		design, computer assisted manufacturing (CAD/CAM) system; or
9		any subunit or assembly comprising a component of any machinery
10		or auxiliary, adjunct or attachment parts of machinery, such as
11		tools, dies, jigs, fixtures, patterns and molds; or any parts
12		which require periodic replacement in the course of normal
13		operation; but shall not include hand tools. Equipment includes
14		chemicals or chemicals acting as catalysts but only if the
15		chemicals or chemicals acting as catalysts effect a direct and
16		immediate change upon a product being manufactured or assembled
17		for wholesale or retail sale or lease. The purchaser of such
18		machinery and equipment who has an active resale registration
19		number shall furnish such number to the seller at the time of
20		purchase. The purchaser of such machinery and equipment and
21		tools without an active resale registration number shall
22		furnish to the seller a certificate of exemption for each
23		transaction stating facts establishing the exemption for that
24		transaction, which certificate shall be available to the
25		Department for inspection or audit.
26		Except as provided in Section 2d of this Act, the rolling
27		stock exemption applies to rolling stock used by an interstate
28		carrier for hire, even just between points in Illinois, if such
29		rolling stock transports, for hire, persons whose journeys or
30		property whose shipments originate or terminate outside
31		Illinois.
32		Any informal rulings, opinions or letters issued by the
33		Department in response to an inquiry or request for any opinion
34		from any person regarding the coverage and applicability of
35		exemption (e) to specific devices shall be published,
36		maintained as a public record, and made available for public

1		inspection and copying. If the informal ruling, opinion or
2		letter contains trade secrets or other confidential
3		information, where possible the Department shall delete such
4		information prior to publication. Whenever such informal
5		rulings, opinions, or letters contain any policy of general
6		applicability, the Department shall formulate and adopt such
7		policy as a rule in accordance with the provisions of the
8		Illinois Administrative Procedure Act.
9		On and after July 1, 1987, no entity otherwise eligible
10		under exemption (c) of this Section shall make tax free
11		purchases unless it has an active exemption identification
12		number issued by the Department.
13		"Serviceman" means any person who is engaged in the
14		occupation of making sales of service.
15		"Sale at Retail" means "sale at retail" as defined in the
16		Retailers' Occupation Tax Act.
17		"Supplier" means any person who makes sales of tangible
18		personal property to servicemen for the purpose of resale as an
19		incident to a sale of service.
20		(Source: P.A. 92-484, eff. 8-23-01; 93-23, eff. 6-20-03; 93-24,
21		eff. 6-20-03; revised 8-21-03.)

22		Section 155. The Retailers' Occupation Tax Act is amended
23		by changing Sections 2-5 and 3 as follows:
24		(35 ILCS 120/2-5) (from Ch. 120, par. 441-5)
25		Sec. 2-5. Exemptions. Gross receipts from proceeds from the
26		sale of the following tangible personal property are exempt
27		from the tax imposed by this Act:
28		(1) Farm chemicals.
29		(2) Farm machinery and equipment, both new and used,
30		including that manufactured on special order, certified by the
31		purchaser to be used primarily for production agriculture or
32		State or federal agricultural programs, including individual
33		replacement parts for the machinery and equipment, including
34		machinery and equipment purchased for lease, and including

1		implements of husbandry defined in Section 1-130 of the
2		Illinois Vehicle Code, farm machinery and agricultural
3		chemical and fertilizer spreaders, and nurse wagons required to
4		be registered under Section 3-809 of the Illinois Vehicle Code,
5		but excluding other motor vehicles required to be registered
6		under the Illinois Vehicle Code. Horticultural polyhouses or
7		hoop houses used for propagating, growing, or overwintering
8		plants shall be considered farm machinery and equipment under
9		this item (2). Agricultural chemical tender tanks and dry boxes
10		shall include units sold separately from a motor vehicle
11		required to be licensed and units sold mounted on a motor
12		vehicle required to be licensed, if the selling price of the
13		tender is separately stated.
14		Farm machinery and equipment shall include precision
15		farming equipment that is installed or purchased to be
16		installed on farm machinery and equipment including, but not
17		limited to, tractors, harvesters, sprayers, planters, seeders,
18		or spreaders. Precision farming equipment includes, but is not
19		limited to, soil testing sensors, computers, monitors,
20		software, global positioning and mapping systems, and other
21		such equipment.
22		Farm machinery and equipment also includes computers,
23		sensors, software, and related equipment used primarily in the
24		computer-assisted operation of production agriculture
25		facilities, equipment, and activities such as, but not limited
26		to, the collection, monitoring, and correlation of animal and
27		crop data for the purpose of formulating animal diets and
28		agricultural chemicals. This item (7) is exempt from the
29		provisions of Section 2-70.
30		(3) Until July 1, 2003, distillation machinery and
31		equipment, sold as a unit or kit, assembled or installed by the
32		retailer, certified by the user to be used only for the
33		production of ethyl alcohol that will be used for consumption
34		as motor fuel or as a component of motor fuel for the personal
35		use of the user, and not subject to sale or resale.
36		(4) Until July 1, 2003, graphic arts machinery and

1		equipment, including repair and replacement parts, both new and
2		used, and including that manufactured on special order or
3		purchased for lease, certified by the purchaser to be used
4		primarily for graphic arts production. Equipment includes
5		chemicals or chemicals acting as catalysts but only if the
6		chemicals or chemicals acting as catalysts effect a direct and
7		immediate change upon a graphic arts product.
8		(5) A motor vehicle of the first division, a motor vehicle
9		of the second division that is a self-contained motor vehicle
10		designed or permanently converted to provide living quarters
11		for recreational, camping, or travel use, with direct walk
12		through access to the living quarters from the driver's seat,
13		or a motor vehicle of the second division that is of the van
14		configuration designed for the transportation of not less than
15		7 nor more than 16 passengers, as defined in Section 1-146 of
16		the Illinois Vehicle Code, that is used for automobile renting,
17		as defined in the Automobile Renting Occupation and Use Tax
18		Act.
19		(6) Personal property sold by a teacher-sponsored student
20		organization affiliated with an elementary or secondary school
21		located in Illinois.
22		(7) Until July 1, 2003, proceeds of that portion of the
23		selling price of a passenger car the sale of which is subject
24		to the Replacement Vehicle Tax.
25		(8) Personal property sold to an Illinois county fair
26		association for use in conducting, operating, or promoting the
27		county fair.
28		(9) Personal property sold to a not-for-profit arts or
29		cultural organization that establishes, by proof required by
30		the Department by rule, that it has received an exemption under
31		Section 501(c)(3) of the Internal Revenue Code and that is
32		organized and operated primarily for the presentation or
33		support of arts or cultural programming, activities, or
34		services. These organizations include, but are not limited to,
35		music and dramatic arts organizations such as symphony
36		orchestras and theatrical groups, arts and cultural service

1		organizations, local arts councils, visual arts organizations,
2		and media arts organizations. On and after the effective date
3		of this amendatory Act of the 92nd General Assembly, however,
4		an entity otherwise eligible for this exemption shall not make
5		tax-free purchases unless it has an active identification
6		number issued by the Department.
7		(10) Personal property sold by a corporation, society,
8		association, foundation, institution, or organization, other
9		than a limited liability company, that is organized and
10		operated as a not-for-profit service enterprise for the benefit
11		of persons 65 years of age or older if the personal property
12		was not purchased by the enterprise for the purpose of resale
13		by the enterprise.
14		(11) Personal property sold to a governmental body, to a
15		corporation, society, association, foundation, or institution
16		organized and operated exclusively for charitable, religious,
17		or educational purposes, or to a not-for-profit corporation,
18		society, association, foundation, institution, or organization
19		that has no compensated officers or employees and that is
20		organized and operated primarily for the recreation of persons
21		55 years of age or older. A limited liability company may
22		qualify for the exemption under this paragraph only if the
23		limited liability company is organized and operated
24		exclusively for educational purposes. On and after July 1,
25		1987, however, no entity otherwise eligible for this exemption
26		shall make tax-free purchases unless it has an active
27		identification number issued by the Department.
28		(12) Tangible personal property sold to interstate
29		carriers for hire for use as rolling stock moving in interstate
30		commerce or to lessors under leases of one year or longer
31		executed or in effect at the time of purchase by interstate
32		carriers for hire for use as rolling stock moving in interstate
33		commerce and equipment operated by a telecommunications
34		provider, licensed as a common carrier by the Federal
35		Communications Commission, which is permanently installed in
36		or affixed to aircraft moving in interstate commerce.

1		(12-5) On and after July 1, 2003, motor vehicles of the
2		second division with a gross vehicle weight in excess of 8,000
3		pounds that are subject to the commercial distribution fee
4		imposed under Section 3-815.1 of the Illinois Vehicle Code.
5		This exemption applies to repair and replacement parts added
6		after the initial purchase of such a motor vehicle if that
7		motor vehicle is used in a manner that would qualify for the
8		rolling stock exemption otherwise provided for in this Act.
9		(13) Proceeds from sales to owners, lessors, or shippers of
10		tangible personal property that is utilized by interstate
11		carriers for hire for use as rolling stock moving in interstate
12		commerce and equipment operated by a telecommunications
13		provider, licensed as a common carrier by the Federal
14		Communications Commission, which is permanently installed in
15		or affixed to aircraft moving in interstate commerce.
16		(14) Machinery and equipment that will be used by the
17		purchaser, or a lessee of the purchaser, primarily in the
18		process of manufacturing or assembling tangible personal
19		property for wholesale or retail sale or lease, whether the
20		sale or lease is made directly by the manufacturer or by some
21		other person, whether the materials used in the process are
22		owned by the manufacturer or some other person, or whether the
23		sale or lease is made apart from or as an incident to the
24		seller's engaging in the service occupation of producing
25		machines, tools, dies, jigs, patterns, gauges, or other similar
26		items of no commercial value on special order for a particular
27		purchaser.
28		(15) Proceeds of mandatory service charges separately
29		stated on customers' bills for purchase and consumption of food
30		and beverages, to the extent that the proceeds of the service
31		charge are in fact turned over as tips or as a substitute for
32		tips to the employees who participate directly in preparing,
33		serving, hosting or cleaning up the food or beverage function
34		with respect to which the service charge is imposed.
35		(16) Petroleum products sold to a purchaser if the seller
36		is prohibited by federal law from charging tax to the

1		purchaser.
2		(17) Tangible personal property sold to a common carrier by
3		rail or motor that receives the physical possession of the
4		property in Illinois and that transports the property, or
5		shares with another common carrier in the transportation of the
6		property, out of Illinois on a standard uniform bill of lading
7		showing the seller of the property as the shipper or consignor
8		of the property to a destination outside Illinois, for use
9		outside Illinois.
10		(18) Legal tender, currency, medallions, or gold or silver
11		coinage issued by the State of Illinois, the government of the
12		United States of America, or the government of any foreign
13		country, and bullion.
14		(19) Until July 1 2003, oil field exploration, drilling,
15		and production equipment, including (i) rigs and parts of rigs,
16		rotary rigs, cable tool rigs, and workover rigs, (ii) pipe and
17		tubular goods, including casing and drill strings, (iii) pumps
18		and pump-jack units, (iv) storage tanks and flow lines, (v) any
19		individual replacement part for oil field exploration,
20		drilling, and production equipment, and (vi) machinery and
21		equipment purchased for lease; but excluding motor vehicles
22		required to be registered under the Illinois Vehicle Code.
23		(20) Photoprocessing machinery and equipment, including
24		repair and replacement parts, both new and used, including that
25		manufactured on special order, certified by the purchaser to be
26		used primarily for photoprocessing, and including
27		photoprocessing machinery and equipment purchased for lease.
28		(21) Until July 1, 2003, coal exploration, mining,
29		offhighway hauling, processing, maintenance, and reclamation
30		equipment, including replacement parts and equipment, and
31		including equipment purchased for lease, but excluding motor
32		vehicles required to be registered under the Illinois Vehicle
33		Code.
34		(22) Fuel and petroleum products sold to or used by an air
35		carrier, certified by the carrier to be used for consumption,
36		shipment, or storage in the conduct of its business as an air

1		common carrier, for a flight destined for or returning from a
2		location or locations outside the United States without regard
3		to previous or subsequent domestic stopovers.
4		(23) A transaction in which the purchase order is received
5		by a florist who is located outside Illinois, but who has a
6		florist located in Illinois deliver the property to the
7		purchaser or the purchaser's donee in Illinois.
8		(24) Fuel consumed or used in the operation of ships,
9		barges, or vessels that are used primarily in or for the
10		transportation of property or the conveyance of persons for
11		hire on rivers bordering on this State if the fuel is delivered
12		by the seller to the purchaser's barge, ship, or vessel while
13		it is afloat upon that bordering river.
14		(25) A motor vehicle sold in this State to a nonresident
15		even though the motor vehicle is delivered to the nonresident
16		in this State, if the motor vehicle is not to be titled in this
17		State, and if a drive-away permit is issued to the motor
18		vehicle as provided in Section 3-603 of the Illinois Vehicle
19		Code or if the nonresident purchaser has vehicle registration
20		plates to transfer to the motor vehicle upon returning to his
21		or her home state. The issuance of the drive-away permit or
22		having the out-of-state registration plates to be transferred
23		is prima facie evidence that the motor vehicle will not be
24		titled in this State.
25		(26) Semen used for artificial insemination of livestock
26		for direct agricultural production.
27		(27) Horses, or interests in horses, registered with and
28		meeting the requirements of any of the Arabian Horse Club
29		Registry of America, Appaloosa Horse Club, American Quarter
30		Horse Association, United States Trotting Association, or
31		Jockey Club, as appropriate, used for purposes of breeding or
32		racing for prizes.
33		(28) Computers and communications equipment utilized for
34		any hospital purpose and equipment used in the diagnosis,
35		analysis, or treatment of hospital patients sold to a lessor
36		who leases the equipment, under a lease of one year or longer

1		executed or in effect at the time of the purchase, to a
2		hospital that has been issued an active tax exemption
3		identification number by the Department under Section 1g of
4		this Act.
5		(29) Personal property sold to a lessor who leases the
6		property, under a lease of one year or longer executed or in
7		effect at the time of the purchase, to a governmental body that
8		has been issued an active tax exemption identification number
9		by the Department under Section 1g of this Act.
10		(30) Beginning with taxable years ending on or after
11		December 31, 1995 and ending with taxable years ending on or
12		before December 31, 2004, personal property that is donated for
13		disaster relief to be used in a State or federally declared
14		disaster area in Illinois or bordering Illinois by a
15		manufacturer or retailer that is registered in this State to a
16		corporation, society, association, foundation, or institution
17		that has been issued a sales tax exemption identification
18		number by the Department that assists victims of the disaster
19		who reside within the declared disaster area.
20		(31) Beginning with taxable years ending on or after
21		December 31, 1995 and ending with taxable years ending on or
22		before December 31, 2004, personal property that is used in the
23		performance of infrastructure repairs in this State, including
24		but not limited to municipal roads and streets, access roads,
25		bridges, sidewalks, waste disposal systems, water and sewer
26		line extensions, water distribution and purification
27		facilities, storm water drainage and retention facilities, and
28		sewage treatment facilities, resulting from a State or
29		federally declared disaster in Illinois or bordering Illinois
30		when such repairs are initiated on facilities located in the
31		declared disaster area within 6 months after the disaster.
32		(32) Beginning July 1, 1999, game or game birds sold at a
33		"game breeding and hunting preserve area" or an "exotic game
34		hunting area" as those terms are used in the Wildlife Code or
35		at a hunting enclosure approved through rules adopted by the
36		Department of Natural Resources. This paragraph is exempt from

1		the provisions of Section 2-70.
2		(33) A motor vehicle, as that term is defined in Section
3		1-146 of the Illinois Vehicle Code, that is donated to a
4		corporation, limited liability company, society, association,
5		foundation, or institution that is determined by the Department
6		to be organized and operated exclusively for educational
7		purposes. For purposes of this exemption, "a corporation,
8		limited liability company, society, association, foundation,
9		or institution organized and operated exclusively for
10		educational purposes" means all tax-supported public schools,
11		private schools that offer systematic instruction in useful
12		branches of learning by methods common to public schools and
13		that compare favorably in their scope and intensity with the
14		course of study presented in tax-supported schools, and
15		vocational or technical schools or institutes organized and
16		operated exclusively to provide a course of study of not less
17		than 6 weeks duration and designed to prepare individuals to
18		follow a trade or to pursue a manual, technical, mechanical,
19		industrial, business, or commercial occupation.
20		(34) Beginning January 1, 2000, personal property,
21		including food, purchased through fundraising events for the
22		benefit of a public or private elementary or secondary school,
23		a group of those schools, or one or more school districts if
24		the events are sponsored by an entity recognized by the school
25		district that consists primarily of volunteers and includes
26		parents and teachers of the school children. This paragraph
27		does not apply to fundraising events (i) for the benefit of
28		private home instruction or (ii) for which the fundraising
29		entity purchases the personal property sold at the events from
30		another individual or entity that sold the property for the
31		purpose of resale by the fundraising entity and that profits
32		from the sale to the fundraising entity. This paragraph is
33		exempt from the provisions of Section 2-70.
34		(35) Beginning January 1, 2000 and through December 31,
35		2001, new or used automatic vending machines that prepare and
36		serve hot food and beverages, including coffee, soup, and other

1		items, and replacement parts for these machines. Beginning
2		January 1, 2002 and through June 30, 2003, machines and parts
3		for machines used in commercial, coin-operated amusement and
4		vending business if a use or occupation tax is paid on the
5		gross receipts derived from the use of the commercial,
6		coin-operated amusement and vending machines. This paragraph
7		is exempt from the provisions of Section 2-70.
8		(35-5) Food for human consumption that is to be consumed
9		off the premises where it is sold (other than alcoholic
10		beverages, soft drinks, and food that has been prepared for
11		immediate consumption) and prescription and nonprescription
12		medicines, drugs, medical appliances, and insulin, urine
13		testing materials, syringes, and needles used by diabetics, for
14		human use, when purchased for use by a person receiving medical
15		assistance under Article 5 of the Illinois Public Aid Code who
16		resides in a licensed long-term care facility, as defined in
17		the Nursing Home Care Act.
18		(36) Beginning August 2, 2001, computers and
19		communications equipment utilized for any hospital purpose and
20		equipment used in the diagnosis, analysis, or treatment of
21		hospital patients sold to a lessor who leases the equipment,
22		under a lease of one year or longer executed or in effect at
23		the time of the purchase, to a hospital that has been issued an
24		active tax exemption identification number by the Department
25		under Section 1g of this Act. This paragraph is exempt from the
26		provisions of Section 2-70.
27		(37) Beginning August 2, 2001, personal property sold to a
28		lessor who leases the property, under a lease of one year or
29		longer executed or in effect at the time of the purchase, to a
30		governmental body that has been issued an active tax exemption
31		identification number by the Department under Section 1g of
32		this Act. This paragraph is exempt from the provisions of
33		Section 2-70.
34		(38) Beginning on January 1, 2002, tangible personal
35		property purchased from an Illinois retailer by a taxpayer
36		engaged in centralized purchasing activities in Illinois who

1		will, upon receipt of the property in Illinois, temporarily
2		store the property in Illinois (i) for the purpose of
3		subsequently transporting it outside this State for use or
4		consumption thereafter solely outside this State or (ii) for
5		the purpose of being processed, fabricated, or manufactured
6		into, attached to, or incorporated into other tangible personal
7		property to be transported outside this State and thereafter
8		used or consumed solely outside this State. The Director of
9		Revenue shall, pursuant to rules adopted in accordance with the
10		Illinois Administrative Procedure Act, issue a permit to any
11		taxpayer in good standing with the Department who is eligible
12		for the exemption under this paragraph (38). The permit issued
13		under this paragraph (38) shall authorize the holder, to the
14		extent and in the manner specified in the rules adopted under
15		this Act, to purchase tangible personal property from a
16		retailer exempt from the taxes imposed by this Act. Taxpayers
17		shall maintain all necessary books and records to substantiate
18		the use and consumption of all such tangible personal property
19		outside of the State of Illinois.
20		(Source: P.A. 92-16, eff. 6-28-01; 92-35, eff. 7-1-01; 92-227,
21		eff. 8-2-01; 92-337, eff. 8-10-01; 92-484, eff. 8-23-01;
22		92-488, eff. 8-23-01; 92-651, eff. 7-11-02; 92-680, eff.
23		7-16-02; 93-23, eff. 6-20-03; 93-24, eff. 6-20-03; revised
24		9-11-03.)
25		(35 ILCS 120/3) (from Ch. 120, par. 442)
26		Sec. 3. Except as provided in this Section, on or before
27		the twentieth day of each calendar month, every person engaged
28		in the business of selling tangible personal property at retail
29		in this State during the preceding calendar month shall file a
30		return with the Department, stating:
31		1. The name of the seller;
32		2. His residence address and the address of his
33		principal place of business and the address of the
34		principal place of business (if that is a different
35		address) from which he engages in the business of selling

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

1		Retailers' Occupation Tax liability in the amount claimed in
2		the certification, not to exceed 6.25% of the receipts subject
3		to tax from a qualifying purchase. A Manufacturer's Purchase
4		Credit reported on any original or amended return filed under
5		this Act after October 20, 2003 shall be disallowed. No
6		Manufacturer's Purchase Credit may be used after September 30,
7		2003 to satisfy any tax liability imposed under this Act,
8		including any audit liability.
9		The Department may require returns to be filed on a
10		quarterly basis. If so required, a return for each calendar
11		quarter shall be filed on or before the twentieth day of the
12		calendar month following the end of such calendar quarter. The
13		taxpayer shall also file a return with the Department for each
14		of the first two months of each calendar quarter, on or before
15		the twentieth day of the following calendar month, stating:
16		1. The name of the seller;
17		2. The address of the principal place of business from
18		which he engages in the business of selling tangible
19		personal property at retail in this State;
20		3. The total amount of taxable receipts received by him
21		during the preceding calendar month from sales of tangible
22		personal property by him during such preceding calendar
23		month, including receipts from charge and time sales, but
24		less all deductions allowed by law;
25		4. The amount of credit provided in Section 2d of this
26		Act;
27		5. The amount of tax due; and
28		6. Such other reasonable information as the Department
29		may require.
30		Beginning on October 1, 2003, any person who is not a
31		licensed distributor, importing distributor, or manufacturer,
32		as defined in the Liquor Control Act of 1934, but is engaged in
33		the business of selling, at retail, alcoholic liquor shall file
34		a statement with the Department of Revenue, in a format and at
35		a time prescribed by the Department, showing the total amount
36		paid for alcoholic liquor purchased during the preceding month

1		and such other information as is reasonably required by the
2		Department. The Department may adopt rules to require that this
3		statement be filed in an electronic or telephonic format. Such
4		rules may provide for exceptions from the filing requirements
5		of this paragraph. For the purposes of this paragraph, the term
6		"alcoholic liquor" shall have the meaning prescribed in the
7		Liquor Control Act of 1934.
8		Beginning on October 1, 2003, every distributor, importing
9		distributor, and manufacturer of alcoholic liquor as defined in
10		the Liquor Control Act of 1934, shall file a statement with the
11		Department of Revenue, no later than the 10th day of the month
12		for the preceding month during which transactions occurred, by
13		electronic means, showing the total amount of gross receipts
14		from the sale of alcoholic liquor sold or distributed during
15		the preceding month to purchasers; identifying the purchaser to
16		whom it was sold or distributed; the purchaser's tax
17		registration number; and such other information reasonably
18		required by the Department. A copy of the monthly statement
19		shall be sent to the retailer no later than the 10th day of the
20		month for the preceding month during which transactions
21		occurred.
22		If a total amount of less than $1 is payable, refundable or
23		creditable, such amount shall be disregarded if it is less than
24		50 cents and shall be increased to $1 if it is 50 cents or more.
25		Beginning October 1, 1993, a taxpayer who has an average
26		monthly tax liability of $150,000 or more shall make all
27		payments required by rules of the Department by electronic
28		funds transfer. Beginning October 1, 1994, a taxpayer who has
29		an average monthly tax liability of $100,000 or more shall make
30		all payments required by rules of the Department by electronic
31		funds transfer. Beginning October 1, 1995, a taxpayer who has
32		an average monthly tax liability of $50,000 or more shall make
33		all payments required by rules of the Department by electronic
34		funds transfer. Beginning October 1, 2000, a taxpayer who has
35		an annual tax liability of $200,000 or more shall make all
36		payments required by rules of the Department by electronic

1		funds transfer. The term "annual tax liability" shall be the
2		sum of the taxpayer's liabilities under this Act, and under all
3		other State and local occupation and use tax laws administered
4		by the Department, for the immediately preceding calendar year.
5		The term "average monthly tax liability" shall be the sum of
6		the taxpayer's liabilities under this Act, and under all other
7		State and local occupation and use tax laws administered by the
8		Department, for the immediately preceding calendar year
9		divided by 12. Beginning on October 1, 2002, a taxpayer who has
10		a tax liability in the amount set forth in subsection (b) of
11		Section 2505-210 of the Department of Revenue Law shall make
12		all payments required by rules of the Department by electronic
13		funds transfer.
14		Before August 1 of each year beginning in 1993, the
15		Department shall notify all taxpayers required to make payments
16		by electronic funds transfer. All taxpayers required to make
17		payments by electronic funds transfer shall make those payments
18		for a minimum of one year beginning on October 1.
19		Any taxpayer not required to make payments by electronic
20		funds transfer may make payments by electronic funds transfer
21		with the permission of the Department.
22		All taxpayers required to make payment by electronic funds
23		transfer and any taxpayers authorized to voluntarily make
24		payments by electronic funds transfer shall make those payments
25		in the manner authorized by the Department.
26		The Department shall adopt such rules as are necessary to
27		effectuate a program of electronic funds transfer and the
28		requirements of this Section.
29		Any amount which is required to be shown or reported on any
30		return or other document under this Act shall, if such amount
31		is not a whole-dollar amount, be increased to the nearest
32		whole-dollar amount in any case where the fractional part of a
33		dollar is 50 cents or more, and decreased to the nearest
34		whole-dollar amount where the fractional part of a dollar is
35		less than 50 cents.
36		If the retailer is otherwise required to file a monthly

1		return and if the retailer's average monthly tax liability to
2		the Department does not exceed $200, the Department may
3		authorize his returns to be filed on a quarter annual basis,
4		with the return for January, February and March of a given year
5		being due by April 20 of such year; with the return for April,
6		May and June of a given year being due by July 20 of such year;
7		with the return for July, August and September of a given year
8		being due by October 20 of such year, and with the return for
9		October, November and December of a given year being due by
10		January 20 of the following year.
11		If the retailer is otherwise required to file a monthly or
12		quarterly return and if the retailer's average monthly tax
13		liability with the Department does not exceed $50, the
14		Department may authorize his returns to be filed on an annual
15		basis, with the return for a given year being due by January 20
16		of the following year.
17		Such quarter annual and annual returns, as to form and
18		substance, shall be subject to the same requirements as monthly
19		returns.
20		Notwithstanding any other provision in this Act concerning
21		the time within which a retailer may file his return, in the
22		case of any retailer who ceases to engage in a kind of business
23		which makes him responsible for filing returns under this Act,
24		such retailer shall file a final return under this Act with the
25		Department not more than one month after discontinuing such
26		business.
27		Where the same person has more than one business registered
28		with the Department under separate registrations under this
29		Act, such person may not file each return that is due as a
30		single return covering all such registered businesses, but
31		shall file separate returns for each such registered business.
32		In addition, with respect to motor vehicles, watercraft,
33		aircraft, and trailers that are required to be registered with
34		an agency of this State, every retailer selling this kind of
35		tangible personal property shall file, with the Department,
36		upon a form to be prescribed and supplied by the Department, a

1		separate return for each such item of tangible personal
2		property which the retailer sells, except that if, in the same
3		transaction, (i) a retailer of aircraft, watercraft, motor
4		vehicles or trailers transfers more than one aircraft,
5		watercraft, motor vehicle or trailer to another aircraft,
6		watercraft, motor vehicle retailer or trailer retailer for the
7		purpose of resale or (ii) a retailer of aircraft, watercraft,
8		motor vehicles, or trailers transfers more than one aircraft,
9		watercraft, motor vehicle, or trailer to a purchaser for use as
10		a qualifying rolling stock as provided in Section 2-5 of this
11		Act, then that seller may report the transfer of all aircraft,
12		watercraft, motor vehicles or trailers involved in that
13		transaction to the Department on the same uniform
14		invoice-transaction reporting return form. For purposes of
15		this Section, "watercraft" means a Class 2, Class 3, or Class 4
16		watercraft as defined in Section 3-2 of the Boat Registration
17		and Safety Act, a personal watercraft, or any boat equipped
18		with an inboard motor.
19		Any retailer who sells only motor vehicles, watercraft,
20		aircraft, or trailers that are required to be registered with
21		an agency of this State, so that all retailers' occupation tax
22		liability is required to be reported, and is reported, on such
23		transaction reporting returns and who is not otherwise required
24		to file monthly or quarterly returns, need not file monthly or
25		quarterly returns. However, those retailers shall be required
26		to file returns on an annual basis.
27		The transaction reporting return, in the case of motor
28		vehicles or trailers that are required to be registered with an
29		agency of this State, shall be the same document as the Uniform
30		Invoice referred to in Section 5-402 of The Illinois Vehicle
31		Code and must show the name and address of the seller; the name
32		and address of the purchaser; the amount of the selling price
33		including the amount allowed by the retailer for traded-in
34		property, if any; the amount allowed by the retailer for the
35		traded-in tangible personal property, if any, to the extent to
36		which Section 1 of this Act allows an exemption for the value

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

1		agency or State officer determine that this procedure will
2		expedite the processing of applications for title or
3		registration.
4		With each such transaction reporting return, the retailer
5		shall remit the proper amount of tax due (or shall submit
6		satisfactory evidence that the sale is not taxable if that is
7		the case), to the Department or its agents, whereupon the
8		Department shall issue, in the purchaser's name, a use tax
9		receipt (or a certificate of exemption if the Department is
10		satisfied that the particular sale is tax exempt) which such
11		purchaser may submit to the agency with which, or State officer
12		with whom, he must title or register the tangible personal
13		property that is involved (if titling or registration is
14		required) in support of such purchaser's application for an
15		Illinois certificate or other evidence of title or registration
16		to such tangible personal property.
17		No retailer's failure or refusal to remit tax under this
18		Act precludes a user, who has paid the proper tax to the
19		retailer, from obtaining his certificate of title or other
20		evidence of title or registration (if titling or registration
21		is required) upon satisfying the Department that such user has
22		paid the proper tax (if tax is due) to the retailer. The
23		Department shall adopt appropriate rules to carry out the
24		mandate of this paragraph.
25		If the user who would otherwise pay tax to the retailer
26		wants the transaction reporting return filed and the payment of
27		the tax or proof of exemption made to the Department before the
28		retailer is willing to take these actions and such user has not
29		paid the tax to the retailer, such user may certify to the fact
30		of such delay by the retailer and may (upon the Department
31		being satisfied of the truth of such certification) transmit
32		the information required by the transaction reporting return
33		and the remittance for tax or proof of exemption directly to
34		the Department and obtain his tax receipt or exemption
35		determination, in which event the transaction reporting return
36		and tax remittance (if a tax payment was required) shall be

1		credited by the Department to the proper retailer's account
2		with the Department, but without the 2.1% or 1.75% discount
3		provided for in this Section being allowed. When the user pays
4		the tax directly to the Department, he shall pay the tax in the
5		same amount and in the same form in which it would be remitted
6		if the tax had been remitted to the Department by the retailer.
7		Refunds made by the seller during the preceding return
8		period to purchasers, on account of tangible personal property
9		returned to the seller, shall be allowed as a deduction under
10		subdivision 5 of his monthly or quarterly return, as the case
11		may be, in case the seller had theretofore included the
12		receipts from the sale of such tangible personal property in a
13		return filed by him and had paid the tax imposed by this Act
14		with respect to such receipts.
15		Where the seller is a corporation, the return filed on
16		behalf of such corporation shall be signed by the president,
17		vice-president, secretary or treasurer or by the properly
18		accredited agent of such corporation.
19		Where the seller is a limited liability company, the return
20		filed on behalf of the limited liability company shall be
21		signed by a manager, member, or properly accredited agent of
22		the limited liability company.
23		Except as provided in this Section, the retailer filing the
24		return under this Section shall, at the time of filing such
25		return, pay to the Department the amount of tax imposed by this
26		Act less a discount of 2.1% prior to January 1, 1990 and 1.75%
27		on and after January 1, 1990, or $5 per calendar year,
28		whichever is greater, which is allowed to reimburse the
29		retailer for the expenses incurred in keeping records,
30		preparing and filing returns, remitting the tax and supplying
31		data to the Department on request. Any prepayment made pursuant
32		to Section 2d of this Act shall be included in the amount on
33		which such 2.1% or 1.75% discount is computed. In the case of
34		retailers who report and pay the tax on a transaction by
35		transaction basis, as provided in this Section, such discount
36		shall be taken with each such tax remittance instead of when

1		such retailer files his periodic return.
2		Before October 1, 2000, if the taxpayer's average monthly
3		tax liability to the Department under this Act, the Use Tax
4		Act, the Service Occupation Tax Act, and the Service Use Tax
5		Act, excluding any liability for prepaid sales tax to be
6		remitted in accordance with Section 2d of this Act, was $10,000
7		or more during the preceding 4 complete calendar quarters, he
8		shall file a return with the Department each month by the 20th
9		day of the month next following the month during which such tax
10		liability is incurred and shall make payments to the Department
11		on or before the 7th, 15th, 22nd and last day of the month
12		during which such liability is incurred. On and after October
13		1, 2000, if the taxpayer's average monthly tax liability to the
14		Department under this Act, the Use Tax Act, the Service
15		Occupation Tax Act, and the Service Use Tax Act, excluding any
16		liability for prepaid sales tax to be remitted in accordance
17		with Section 2d of this Act, was $20,000 or more during the
18		preceding 4 complete calendar quarters, he shall file a return
19		with the Department each month by the 20th day of the month
20		next following the month during which such tax liability is
21		incurred and shall make payment to the Department on or before
22		the 7th, 15th, 22nd and last day of the month during which such
23		liability is incurred. If the month during which such tax
24		liability is incurred began prior to January 1, 1985, each
25		payment shall be in an amount equal to 1/4 of the taxpayer's
26		actual liability for the month or an amount set by the
27		Department not to exceed 1/4 of the average monthly liability
28		of the taxpayer to the Department for the preceding 4 complete
29		calendar quarters (excluding the month of highest liability and
30		the month of lowest liability in such 4 quarter period). If the
31		month during which such tax liability is incurred begins on or
32		after January 1, 1985 and prior to January 1, 1987, each
33		payment shall be in an amount equal to 22.5% of the taxpayer's
34		actual liability for the month or 27.5% of the taxpayer's
35		liability for the same calendar month of the preceding year. If
36		the month during which such tax liability is incurred begins on

1		or after January 1, 1987 and prior to January 1, 1988, each
2		payment shall be in an amount equal to 22.5% of the taxpayer's
3		actual liability for the month or 26.25% of the taxpayer's
4		liability for the same calendar month of the preceding year. If
5		the month during which such tax liability is incurred begins on
6		or after January 1, 1988, and prior to January 1, 1989, or
7		begins on or after January 1, 1996, each payment shall be in an
8		amount equal to 22.5% of the taxpayer's actual liability for
9		the month or 25% of the taxpayer's liability for the same
10		calendar month of the preceding year. If the month during which
11		such tax liability is incurred begins on or after January 1,
12		1989, and prior to January 1, 1996, each payment shall be in an
13		amount equal to 22.5% of the taxpayer's actual liability for
14		the month or 25% of the taxpayer's liability for the same
15		calendar month of the preceding year or 100% of the taxpayer's
16		actual liability for the quarter monthly reporting period. The
17		amount of such quarter monthly payments shall be credited
18		against the final tax liability of the taxpayer's return for
19		that month. Before October 1, 2000, once applicable, the
20		requirement of the making of quarter monthly payments to the
21		Department by taxpayers having an average monthly tax liability
22		of $10,000 or more as determined in the manner provided above
23		shall continue until such taxpayer's average monthly liability
24		to the Department during the preceding 4 complete calendar
25		quarters (excluding the month of highest liability and the
26		month of lowest liability) is less than $9,000, or until such
27		taxpayer's average monthly liability to the Department as
28		computed for each calendar quarter of the 4 preceding complete
29		calendar quarter period is less than $10,000. However, if a
30		taxpayer can show the Department that a substantial change in
31		the taxpayer's business has occurred which causes the taxpayer
32		to anticipate that his average monthly tax liability for the
33		reasonably foreseeable future will fall below the $10,000
34		threshold stated above, then such taxpayer may petition the
35		Department for a change in such taxpayer's reporting status. On
36		and after October 1, 2000, once applicable, the requirement of

1		the making of quarter monthly payments to the Department by
2		taxpayers having an average monthly tax liability of $20,000 or
3		more as determined in the manner provided above shall continue
4		until such taxpayer's average monthly liability to the
5		Department during the preceding 4 complete calendar quarters
6		(excluding the month of highest liability and the month of
7		lowest liability) is less than $19,000 or until such taxpayer's
8		average monthly liability to the Department as computed for
9		each calendar quarter of the 4 preceding complete calendar
10		quarter period is less than $20,000. However, if a taxpayer can
11		show the Department that a substantial change in the taxpayer's
12		business has occurred which causes the taxpayer to anticipate
13		that his average monthly tax liability for the reasonably
14		foreseeable future will fall below the $20,000 threshold stated
15		above, then such taxpayer may petition the Department for a
16		change in such taxpayer's reporting status. The Department
17		shall change such taxpayer's reporting status unless it finds
18		that such change is seasonal in nature and not likely to be
19		long term. If any such quarter monthly payment is not paid at
20		the time or in the amount required by this Section, then the
21		taxpayer shall be liable for penalties and interest on the
22		difference between the minimum amount due as a payment and the
23		amount of such quarter monthly payment actually and timely
24		paid, except insofar as the taxpayer has previously made
25		payments for that month to the Department in excess of the
26		minimum payments previously due as provided in this Section.
27		The Department shall make reasonable rules and regulations to
28		govern the quarter monthly payment amount and quarter monthly
29		payment dates for taxpayers who file on other than a calendar
30		monthly basis.
31		The provisions of this paragraph apply before October 1,
32		2001. Without regard to whether a taxpayer is required to make
33		quarter monthly payments as specified above, any taxpayer who
34		is required by Section 2d of this Act to collect and remit
35		prepaid taxes and has collected prepaid taxes which average in
36		excess of $25,000 per month during the preceding 2 complete

1		calendar quarters, shall file a return with the Department as
2		required by Section 2f and shall make payments to the
3		Department on or before the 7th, 15th, 22nd and last day of the
4		month during which such liability is incurred. If the month
5		during which such tax liability is incurred began prior to the
6		effective date of this amendatory Act of 1985, each payment
7		shall be in an amount not less than 22.5% of the taxpayer's
8		actual liability under Section 2d. If the month during which
9		such tax liability is incurred begins on or after January 1,
10		1986, each payment shall be in an amount equal to 22.5% of the
11		taxpayer's actual liability for the month or 27.5% of the
12		taxpayer's liability for the same calendar month of the
13		preceding calendar year. If the month during which such tax
14		liability is incurred begins on or after January 1, 1987, each
15		payment shall be in an amount equal to 22.5% of the taxpayer's
16		actual liability for the month or 26.25% of the taxpayer's
17		liability for the same calendar month of the preceding year.
18		The amount of such quarter monthly payments shall be credited
19		against the final tax liability of the taxpayer's return for
20		that month filed under this Section or Section 2f, as the case
21		may be. Once applicable, the requirement of the making of
22		quarter monthly payments to the Department pursuant to this
23		paragraph shall continue until such taxpayer's average monthly
24		prepaid tax collections during the preceding 2 complete
25		calendar quarters is $25,000 or less. If any such quarter
26		monthly payment is not paid at the time or in the amount
27		required, the taxpayer shall be liable for penalties and
28		interest on such difference, except insofar as the taxpayer has
29		previously made payments for that month in excess of the
30		minimum payments previously due.
31		The provisions of this paragraph apply on and after October
32		1, 2001. Without regard to whether a taxpayer is required to
33		make quarter monthly payments as specified above, any taxpayer
34		who is required by Section 2d of this Act to collect and remit
35		prepaid taxes and has collected prepaid taxes that average in
36		excess of $20,000 per month during the preceding 4 complete

1		calendar quarters shall file a return with the Department as
2		required by Section 2f and shall make payments to the
3		Department on or before the 7th, 15th, 22nd and last day of the
4		month during which the liability is incurred. Each payment
5		shall be in an amount equal to 22.5% of the taxpayer's actual
6		liability for the month or 25% of the taxpayer's liability for
7		the same calendar month of the preceding year. The amount of
8		the quarter monthly payments shall be credited against the
9		final tax liability of the taxpayer's return for that month
10		filed under this Section or Section 2f, as the case may be.
11		Once applicable, the requirement of the making of quarter
12		monthly payments to the Department pursuant to this paragraph
13		shall continue until the taxpayer's average monthly prepaid tax
14		collections during the preceding 4 complete calendar quarters
15		(excluding the month of highest liability and the month of
16		lowest liability) is less than $19,000 or until such taxpayer's
17		average monthly liability to the Department as computed for
18		each calendar quarter of the 4 preceding complete calendar
19		quarters is less than $20,000. If any such quarter monthly
20		payment is not paid at the time or in the amount required, the
21		taxpayer shall be liable for penalties and interest on such
22		difference, except insofar as the taxpayer has previously made
23		payments for that month in excess of the minimum payments
24		previously due.
25		If any payment provided for in this Section exceeds the
26		taxpayer's liabilities under this Act, the Use Tax Act, the
27		Service Occupation Tax Act and the Service Use Tax Act, as
28		shown on an original monthly return, the Department shall, if
29		requested by the taxpayer, issue to the taxpayer a credit
30		memorandum no later than 30 days after the date of payment. The
31		credit evidenced by such credit memorandum may be assigned by
32		the taxpayer to a similar taxpayer under this Act, the Use Tax
33		Act, the Service Occupation Tax Act or the Service Use Tax Act,
34		in accordance with reasonable rules and regulations to be
35		prescribed by the Department. If no such request is made, the
36		taxpayer may credit such excess payment against tax liability

1		subsequently to be remitted to the Department under this Act,
2		the Use Tax Act, the Service Occupation Tax Act or the Service
3		Use Tax Act, in accordance with reasonable rules and
4		regulations prescribed by the Department. If the Department
5		subsequently determined that all or any part of the credit
6		taken was not actually due to the taxpayer, the taxpayer's 2.1%
7		and 1.75% vendor's discount shall be reduced by 2.1% or 1.75%
8		of the difference between the credit taken and that actually
9		due, and that taxpayer shall be liable for penalties and
10		interest on such difference.
11		If a retailer of motor fuel is entitled to a credit under
12		Section 2d of this Act which exceeds the taxpayer's liability
13		to the Department under this Act for the month which the
14		taxpayer is filing a return, the Department shall issue the
15		taxpayer a credit memorandum for the excess.
16		Beginning January 1, 1990, each month the Department shall
17		pay into the Local Government Tax Fund, a special fund in the
18		State treasury which is hereby created, the net revenue
19		realized for the preceding month from the 1% tax on sales of
20		food for human consumption which is to be consumed off the
21		premises where it is sold (other than alcoholic beverages, soft
22		drinks and food which has been prepared for immediate
23		consumption) and prescription and nonprescription medicines,
24		drugs, medical appliances and insulin, urine testing
25		materials, syringes and needles used by diabetics.
26		Beginning January 1, 1990, each month the Department shall
27		pay into the County and Mass Transit District Fund, a special
28		fund in the State treasury which is hereby created, 4% of the
29		net revenue realized for the preceding month from the 6.25%
30		general rate.
31		Beginning August 1, 2000, each month the Department shall
32		pay into the County and Mass Transit District Fund 20% of the
33		net revenue realized for the preceding month from the 1.25%
34		rate on the selling price of motor fuel and gasohol.
35		Beginning January 1, 1990, each month the Department shall
36		pay into the Local Government Tax Fund 16% of the net revenue

1		realized for the preceding month from the 6.25% general rate on
2		the selling price of tangible personal property.
3		Beginning August 1, 2000, each month the Department shall
4		pay into the Local Government Tax Fund 80% of the net revenue
5		realized for the preceding month from the 1.25% rate on the
6		selling price of motor fuel and gasohol.
7		Of the remainder of the moneys received by the Department
8		pursuant to this Act, (a) 1.75% thereof shall be paid into the
9		Build Illinois Fund and (b) prior to July 1, 1989, 2.2% and on
10		and after July 1, 1989, 3.8% thereof shall be paid into the
11		Build Illinois Fund; provided, however, that if in any fiscal
12		year the sum of (1) the aggregate of 2.2% or 3.8%, as the case
13		may be, of the moneys received by the Department and required
14		to be paid into the Build Illinois Fund pursuant to this Act,
15		Section 9 of the Use Tax Act, Section 9 of the Service Use Tax
16		Act, and Section 9 of the Service Occupation Tax Act, such Acts
17		being hereinafter called the "Tax Acts" and such aggregate of
18		2.2% or 3.8%, as the case may be, of moneys being hereinafter
19		called the "Tax Act Amount", and (2) the amount transferred to
20		the Build Illinois Fund from the State and Local Sales Tax
21		Reform Fund shall be less than the Annual Specified Amount (as
22		hereinafter defined), an amount equal to the difference shall
23		be immediately paid into the Build Illinois Fund from other
24		moneys received by the Department pursuant to the Tax Acts; the
25		"Annual Specified Amount" means the amounts specified below for
26		fiscal years 1986 through 1993:
36		and means the Certified Annual Debt Service Requirement (as

1		defined in Section 13 of the Build Illinois Bond Act) or the
2		Tax Act Amount, whichever is greater, for fiscal year 1994 and
3		each fiscal year thereafter; and further provided, that if on
4		the last business day of any month the sum of (1) the Tax Act
5		Amount required to be deposited into the Build Illinois Bond
6		Account in the Build Illinois Fund during such month and (2)
7		the amount transferred to the Build Illinois Fund from the
8		State and Local Sales Tax Reform Fund shall have been less than
9		1/12 of the Annual Specified Amount, an amount equal to the
10		difference shall be immediately paid into the Build Illinois
11		Fund from other moneys received by the Department pursuant to
12		the Tax Acts; and, further provided, that in no event shall the
13		payments required under the preceding proviso result in
14		aggregate payments into the Build Illinois Fund pursuant to
15		this clause (b) for any fiscal year in excess of the greater of
16		(i) the Tax Act Amount or (ii) the Annual Specified Amount for
17		such fiscal year. The amounts payable into the Build Illinois
18		Fund under clause (b) of the first sentence in this paragraph
19		shall be payable only until such time as the aggregate amount
20		on deposit under each trust indenture securing Bonds issued and
21		outstanding pursuant to the Build Illinois Bond Act is
22		sufficient, taking into account any future investment income,
23		to fully provide, in accordance with such indenture, for the
24		defeasance of or the payment of the principal of, premium, if
25		any, and interest on the Bonds secured by such indenture and on
26		any Bonds expected to be issued thereafter and all fees and
27		costs payable with respect thereto, all as certified by the
28		Director of the Bureau of the Budget (now Governor's Office of
29		Management and Budget). If on the last business day of any
30		month in which Bonds are outstanding pursuant to the Build
31		Illinois Bond Act, the aggregate of moneys deposited in the
32		Build Illinois Bond Account in the Build Illinois Fund in such
33		month shall be less than the amount required to be transferred
34		in such month from the Build Illinois Bond Account to the Build
35		Illinois Bond Retirement and Interest Fund pursuant to Section
36		13 of the Build Illinois Bond Act, an amount equal to such

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

29		Beginning July 20, 1993 and in each month of each fiscal
30		year thereafter, one-eighth of the amount requested in the
31		certificate of the Chairman of the Metropolitan Pier and
32		Exposition Authority for that fiscal year, less the amount
33		deposited into the McCormick Place Expansion Project Fund by
34		the State Treasurer in the respective month under subsection
35		(g) of Section 13 of the Metropolitan Pier and Exposition
36		Authority Act, plus cumulative deficiencies in the deposits

1		required under this Section for previous months and years,
2		shall be deposited into the McCormick Place Expansion Project
3		Fund, until the full amount requested for the fiscal year, but
4		not in excess of the amount specified above as "Total Deposit",
5		has been deposited.
6		Subject to payment of amounts into the Build Illinois Fund
7		and the McCormick Place Expansion Project Fund pursuant to the
8		preceding paragraphs or in any amendments thereto hereafter
9		enacted, beginning July 1, 1993, the Department shall each
10		month pay into the Illinois Tax Increment Fund 0.27% of 80% of
11		the net revenue realized for the preceding month from the 6.25%
12		general rate on the selling price of tangible personal
13		property.
14		Subject to payment of amounts into the Build Illinois Fund
15		and the McCormick Place Expansion Project Fund pursuant to the
16		preceding paragraphs or in any amendments thereto hereafter
17		enacted, beginning with the receipt of the first report of
18		taxes paid by an eligible business and continuing for a 25-year
19		period, the Department shall each month pay into the Energy
20		Infrastructure Fund 80% of the net revenue realized from the
21		6.25% general rate on the selling price of Illinois-mined coal
22		that was sold to an eligible business. For purposes of this
23		paragraph, the term "eligible business" means a new electric
24		generating facility certified pursuant to Section 605-332 of
25		the Department of Commerce and Economic Opportunity Community
26		Affairs Law of the Civil Administrative Code of Illinois.
27		Of the remainder of the moneys received by the Department
28		pursuant to this Act, 75% thereof shall be paid into the State
29		Treasury and 25% shall be reserved in a special account and
30		used only for the transfer to the Common School Fund as part of
31		the monthly transfer from the General Revenue Fund in
32		accordance with Section 8a of the State Finance Act.
33		The Department may, upon separate written notice to a
34		taxpayer, require the taxpayer to prepare and file with the
35		Department on a form prescribed by the Department within not
36		less than 60 days after receipt of the notice an annual

1		information return for the tax year specified in the notice.
2		Such annual return to the Department shall include a statement
3		of gross receipts as shown by the retailer's last Federal
4		income tax return. If the total receipts of the business as
5		reported in the Federal income tax return do not agree with the
6		gross receipts reported to the Department of Revenue for the
7		same period, the retailer shall attach to his annual return a
8		schedule showing a reconciliation of the 2 amounts and the
9		reasons for the difference. The retailer's annual return to the
10		Department shall also disclose the cost of goods sold by the
11		retailer during the year covered by such return, opening and
12		closing inventories of such goods for such year, costs of goods
13		used from stock or taken from stock and given away by the
14		retailer during such year, payroll information of the
15		retailer's business during such year and any additional
16		reasonable information which the Department deems would be
17		helpful in determining the accuracy of the monthly, quarterly
18		or annual returns filed by such retailer as provided for in
19		this Section.
20		If the annual information return required by this Section
21		is not filed when and as required, the taxpayer shall be liable
22		as follows:
23		(i) Until January 1, 1994, the taxpayer shall be liable
24		for a penalty equal to 1/6 of 1% of the tax due from such
25		taxpayer under this Act during the period to be covered by
26		the annual return for each month or fraction of a month
27		until such return is filed as required, the penalty to be
28		assessed and collected in the same manner as any other
29		penalty provided for in this Act.
30		(ii) On and after January 1, 1994, the taxpayer shall
31		be liable for a penalty as described in Section 3-4 of the
32		Uniform Penalty and Interest Act.
33		The chief executive officer, proprietor, owner or highest
34		ranking manager shall sign the annual return to certify the
35		accuracy of the information contained therein. Any person who
36		willfully signs the annual return containing false or

1		inaccurate information shall be guilty of perjury and punished
2		accordingly. The annual return form prescribed by the
3		Department shall include a warning that the person signing the
4		return may be liable for perjury.
5		The provisions of this Section concerning the filing of an
6		annual information return do not apply to a retailer who is not
7		required to file an income tax return with the United States
8		Government.
9		As soon as possible after the first day of each month, upon
10		certification of the Department of Revenue, the Comptroller
11		shall order transferred and the Treasurer shall transfer from
12		the General Revenue Fund to the Motor Fuel Tax Fund an amount
13		equal to 1.7% of 80% of the net revenue realized under this Act
14		for the second preceding month. Beginning April 1, 2000, this
15		transfer is no longer required and shall not be made.
16		Net revenue realized for a month shall be the revenue
17		collected by the State pursuant to this Act, less the amount
18		paid out during that month as refunds to taxpayers for
19		overpayment of liability.
20		For greater simplicity of administration, manufacturers,
21		importers and wholesalers whose products are sold at retail in
22		Illinois by numerous retailers, and who wish to do so, may
23		assume the responsibility for accounting and paying to the
24		Department all tax accruing under this Act with respect to such
25		sales, if the retailers who are affected do not make written
26		objection to the Department to this arrangement.
27		Any person who promotes, organizes, provides retail
28		selling space for concessionaires or other types of sellers at
29		the Illinois State Fair, DuQuoin State Fair, county fairs,
30		local fairs, art shows, flea markets and similar exhibitions or
31		events, including any transient merchant as defined by Section
32		2 of the Transient Merchant Act of 1987, is required to file a
33		report with the Department providing the name of the merchant's
34		business, the name of the person or persons engaged in
35		merchant's business, the permanent address and Illinois
36		Retailers Occupation Tax Registration Number of the merchant,

1		the dates and location of the event and other reasonable
2		information that the Department may require. The report must be
3		filed not later than the 20th day of the month next following
4		the month during which the event with retail sales was held.
5		Any person who fails to file a report required by this Section
6		commits a business offense and is subject to a fine not to
7		exceed $250.
8		Any person engaged in the business of selling tangible
9		personal property at retail as a concessionaire or other type
10		of seller at the Illinois State Fair, county fairs, art shows,
11		flea markets and similar exhibitions or events, or any
12		transient merchants, as defined by Section 2 of the Transient
13		Merchant Act of 1987, may be required to make a daily report of
14		the amount of such sales to the Department and to make a daily
15		payment of the full amount of tax due. The Department shall
16		impose this requirement when it finds that there is a
17		significant risk of loss of revenue to the State at such an
18		exhibition or event. Such a finding shall be based on evidence
19		that a substantial number of concessionaires or other sellers
20		who are not residents of Illinois will be engaging in the
21		business of selling tangible personal property at retail at the
22		exhibition or event, or other evidence of a significant risk of
23		loss of revenue to the State. The Department shall notify
24		concessionaires and other sellers affected by the imposition of
25		this requirement. In the absence of notification by the
26		Department, the concessionaires and other sellers shall file
27		their returns as otherwise required in this Section.
28		(Source: P.A. 92-12, eff. 7-1-01; 92-16, eff. 6-28-01; 92-208,
29		eff. 8-2-01; 92-484, eff. 8-23-01; 92-492, eff. 1-1-02; 92-600,
30		eff. 6-28-02; 92-651, eff. 7-11-02; 93-22, eff. 6-20-03; 93-24,
31		eff. 6-20-03; revised 10-15-03.)

32		Section 160. The Property Tax Code is amended by changing
33		Sections 15-25, 15-55, 16-190, 18-177, and 18-185 and setting
34		forth and renumbering multiple versions of Section 18-92 as
35		follows:

1		(35 ILCS 200/15-25)
2		Sec. 15-25. Removal of exemptions. If the Department
3		determines that any property has been unlawfully exempted from
4		taxation, or is no longer entitled to exemption, the Department
5		shall, before January 1 of any year, direct the chief county
6		assessment officer to assess the property and return it to the
7		assessment rolls for the next assessment year. The Department
8		shall give notice of its decision to the owner of the property
9		by certified mail. The decision shall be subject to review and
10		hearing under Section 8-35, upon application by the owner filed
11		within 60 days after the notice of decision is mailed. However,
12		the extension of taxes on the assessment shall not be delayed
13		by any proceedings under this Section. If the property is
14		determined to be exempt, any taxes extended upon the assessment
15		shall be abated or, if already paid, be refunded.
16		(Source: P.A. 92-651, eff. 7-11-02; 92-658, eff. 7-16-02;
17		revised 7-26-02.)
18		(35 ILCS 200/15-55)
19		Sec. 15-55. State property.
20		(a) All property belonging to the State of Illinois is
21		exempt. However, the State agency holding title shall file the
22		certificate of ownership and use required by Section 15-10,
23		together with a copy of any written lease or agreement, in
24		effect on March 30 of the assessment year, concerning parcels
25		of 1 acre or more, or an explanation of the terms of any oral
26		agreement under which the property is leased, subleased or
27		rented.
28		The leased property shall be assessed to the lessee and the
29		taxes thereon extended and billed to the lessee, and collected
30		in the same manner as for property which is not exempt. The
31		lessee shall be liable for the taxes and no lien shall attach
32		to the property of the State.
33		For the purposes of this Section, the word "leases"
34		includes licenses, franchises, operating agreements and other

1		arrangements under which private individuals, associations or
2		corporations are granted the right to use property of the
3		Illinois State Toll Highway Authority and includes all property
4		of the Authority used by others without regard to the size of
5		the leased parcel.
6		(b) However, all property of every kind belonging to the
7		State of Illinois, which is or may hereafter be leased to the
8		Illinois Prairie Path Corporation, shall be exempt from all
9		assessments, taxation or collection, despite the making of any
10		such lease, if it is used for:
11		(1) conservation, nature trail or any other
12		charitable, scientific, educational or recreational
13		purposes with public benefit, including the preserving and
14		aiding in the preservation of natural areas, objects,
15		flora, fauna or biotic communities;
16		(2) the establishment of footpaths, trails and other
17		protected areas;
18		(3) the conservation of the proper use of natural
19		resources or the promotion of the study of plant and animal
20		communities and of other phases of ecology, natural history
21		and conservation;
22		(4) the promotion of education in the fields of nature,
23		preservation and conservation; or
24		(5) similar public recreational activities conducted
25		by the Illinois Prairie Path Corporation.
26		No lien shall attach to the property of the State. No tax
27		liability shall become the obligation of or be enforceable
28		against Illinois Prairie Path Corporation.
29		(c) If the State sells the James R. Thompson Center or the
30		Elgin Mental Health Center and surrounding land located at 750
31		S. State Street, Elgin, Illinois, as provided in subdivision
32		(a)(2) of Section 7.4 of the State Property Control Act, to
33		another entity whose property is not exempt and immediately
34		thereafter enters into a leaseback or other agreement that
35		directly or indirectly gives the State a right to use, control,
36		and possess the property, that portion of the property leased

1		and occupied exclusively by the State shall remain exempt under
2		this Section. For the property to remain exempt under this
3		subsection (c), the State must retain an option to purchase the
4		property at a future date or, within the limitations period for
5		reverters, the property must revert back to the State.
6		If the property has been conveyed as described in this
7		subsection (c), the property is no longer exempt pursuant to
8		this Section as of the date when:
9		(1) the right of the State to use, control, and possess
10		the property has been terminated; or
11		(2) the State no longer has an option to purchase or
12		otherwise acquire the property and there is no provision
13		for a reverter of the property to the State within the
14		limitations period for reverters.
15		Pursuant to Sections 15-15 and 15-20 of this Code, the
16		State shall notify the chief county assessment officer of any
17		transaction under this subsection (c). The chief county
18		assessment officer shall determine initial and continuing
19		compliance with the requirements of this Section for tax
20		exemption. Failure to notify the chief county assessment
21		officer of a transaction under this subsection (c) or to
22		otherwise comply with the requirements of Sections 15-15 and
23		15-20 of this Code shall, in the discretion of the chief county
24		assessment officer, constitute cause to terminate the
25		exemption, notwithstanding any other provision of this Code.
26		(c-1) If the Illinois State Toll Highway Authority sells
27		the Illinois State Toll Highway Authority headquarters
28		building and surrounding land, located at 2700 Ogden Avenue,
29		Downers Grove, Illinois as provided in subdivision (a)(2) of
30		Section 7.5 of the State Property Control Act, to another
31		entity whose property is not exempt and immediately thereafter
32		enters into a leaseback or other agreement that directly or
33		indirectly gives the State or the Illinois State Toll Highway
34		Authority a right to use, control, and possess the property,
35		that portion of the property leased and occupied exclusively by
36		the State or the Authority shall remain exempt under this

1		Section. For the property to remain exempt under this
2		subsection (c), the Authority must retain an option to purchase
3		the property at a future date or, within the limitations period
4		for reverters, the property must revert back to the Authority.
5		If the property has been conveyed as described in this
6		subsection (c), the property is no longer exempt pursuant to
7		this Section as of the date when:
8		(1) the right of the State or the Authority to use,
9		control, and possess the property has been terminated; or
10		(2) the Authority no longer has an option to purchase
11		or otherwise acquire the property and there is no provision
12		for a reverter of the property to the Authority within the
13		limitations period for reverters.
14		Pursuant to Sections 15-15 and 15-20 of this Code, the
15		Authority shall notify the chief county assessment officer of
16		any transaction under this subsection (c). The chief county
17		assessment officer shall determine initial and continuing
18		compliance with the requirements of this Section for tax
19		exemption. Failure to notify the chief county assessment
20		officer of a transaction under this subsection (c) or to
21		otherwise comply with the requirements of Sections 15-15 and
22		15-20 of this Code shall, in the discretion of the chief county
23		assessment officer, constitute cause to terminate the
24		exemption, notwithstanding any other provision of this Code.
25		(d) However, The fair market rent of each parcel of real
26		property in Will County owned by the State of Illinois for the
27		purpose of developing an airport by the Department of
28		Transportation shall include the assessed value of leasehold
29		tax. The lessee of each parcel of real property in Will County
30		owned by the State of Illinois for the purpose of developing an
31		airport by the Department of Transportation shall not be liable
32		for the taxes thereon. In order for the State to compensate
33		taxing districts for the leasehold tax under this paragraph the
34		Will County Supervisor of Assessments shall certify, in
35		writing, to the Department of Transportation, the amount of
36		leasehold taxes extended for the 2002 property tax year for

1		each such exempt parcel. The Department of Transportation shall
2		pay to the Will County Treasurer, from the Tax Recovery Fund,
3		on or before July 1 of each year, the amount of leasehold taxes
4		for each such exempt parcel as certified by the Will County
5		Supervisor of Assessments. The tax compensation shall
6		terminate on December 31, 2010. It is the duty of the
7		Department of Transportation to file with the Office of the
8		Will County Supervisor of Assessments an affidavit stating the
9		termination date for rental of each such parcel due to airport
10		construction. The affidavit shall include the property
11		identification number for each such parcel. In no instance
12		shall tax compensation for property owned by the State be
13		deemed delinquent or bear interest. In no instance shall a lien
14		attach to the property of the State. In no instance shall the
15		State be required to pay leasehold tax compensation in excess
16		of the Tax Recovery Fund's balance.
17		(e) (d) Public Act 81-1026 applies to all leases or
18		agreements entered into or renewed on or after September 24,
19		1979.
20		(Source: P.A. 93-19, eff. 6-20-03; 93-658, eff. 1-22-04;
21		revised 1-22-04.)
22		(35 ILCS 200/16-190)
23		Sec. 16-190. Record of proceedings and orders.
24		(a) The Property Tax Appeal Board shall keep a record of
25		its proceedings and orders and the record shall be a public
26		record. In all cases where the contesting party is seeking a
27		change of $100,000 or more in assessed valuation, the
28		contesting party must provide a court reporter at his or her
29		own expense. The original certified transcript of such hearing
30		shall be forwarded to the Springfield office of the Property
31		Tax Appeal Board and shall become part of the Board's official
32		record of the proceeding on appeal. Each year the Property Tax
33		Appeal Board shall publish a volume containing a synopsis of
34		representative cases decided by the Board during that year. The
35		publication shall be organized by or cross-referenced by the

1		issue presented before the Board in each case contained in the
2		publication. The publication shall be available for inspection
3		by the public at the Property Tax Appeal Board offices and
4		copies shall be available for a reasonable cost, except as
5		provided in Section 16-191.
6		(b) The Property Tax Appeal Board shall provide annually,
7		no later than February 1, to the Governor and the General
8		Assembly a report that contains for each county the following:
9		(1) the total number of cases for commercial and
10		industrial property requesting a reduction in assessed
11		value of $100,000 or more for each of the last 5 years;
12		(2) the total number of cases for commercial and
13		industrial property decided by the Property Tax Appeal
14		Board for each of the last 5 years; and
15		(3) the total change in assessed value based on the
16		Property Tax Appeal Board decisions for commercial
17		property and industrial property for each of the last 5
18		years.
19		(c) The requirement for providing a report to the General
20		Assembly shall be satisfied by filing copies of the report with
21		the following:
22		(1) the Speaker of the House of Representatives;
23		(2) the Minority Leader of the House of
24		Representatives;
25		(3) the Clerk of the House of Representatives;
26		(4) the President of the Senate;
27		(5) the Minority Leader of the Senate;
28		(6) the Secretary of the Senate;
29		(7) the Legislative Research Unit, as required by
30		Section 3.1 of the General Assembly Organization Act; and
31		(8) the State Government Report Distribution Center
32		for the General Assembly, as required by subsection (t) of
33		Section 7 320 of the State Library Act.
34		(Source: P.A. 93-248, eff. 7-22-03; revised 10-9-03.)
35		(35 ILCS 200/18-92)

1		Sec. 18-92. Downstate School Finance Authority for
2		Elementary Districts Law. The provisions of the Truth in
3		Taxation Law are subject to the Downstate School Finance
4		Authority for Elementary Districts Law.
5		(Source: P.A. 92-855, eff. 12-6-02.)
6		(35 ILCS 200/18-93)
7		Sec. 18-93 18-92. Maywood Public Library District Tax Levy
8		Validation (2002) Law. The provisions of the Truth in Taxation
9		Law are subject to the Maywood Public Library District Tax Levy
10		Validation (2002) Law.
11		(Source: P.A. 92-884, eff. 1-13-03; revised 1-18-03.)
12		(35 ILCS 200/18-177)
13		Sec. 18-177. Leased low-rent housing abatement. In
14		counties of 3,000,000 or more inhabitants, the county clerk
15		shall abate property taxes levied by any taxing district under
16		this Code on property that meets the following requirements:
17		(1) The property does not qualify as exempt property
18		under Section 15-95 of this Code.
19		(2) The property is situated in a municipality with
20		1,000,000 or more inhabitants and improved with either a
21		multifamily dwelling or a multi-building development that
22		is subject to a leasing agreement, regulatory and operating
23		agreement, or other similar instrument with a Housing
24		Authority created under the Housing Authorities Act that
25		sets forth the terms for leasing low-rent housing.
26		(3) For a period of not less than 20 years, the
27		property and improvements are used solely for low-rent
28		housing and related uses.
29		Property and portions of property used or intended to be used
30		for commercial purposes are not eligible for the abatement
31		provided in this Section.
32		A housing authority created under the Housing Authorities
33		Act shall file annually with the county clerk for any property
34		eligible for an abatement under this Section, on a form

1		prescribed by the county clerk, a certificate of the property's
2		use during the immediately preceding year. The certificate
3		shall certify that the property or a portion of the property
4		meets the requirements of this Section and that the eligible
5		residential units have been inspected within the previous 90
6		days and meet or exceed all housing quality standards of the
7		authority. If only a portion of the property meets these
8		requirements, the certificate shall state the amount of that
9		portion as a percentage of the total equalized and assessed
10		value of the property. If the property is improved with an
11		eligible multifamily dwelling or multi-building development
12		containing residential units that are individually assessed,
13		no more than 40% of those residential units may be certified.
14		If the property is improved with an eligible multifamily
15		dwelling or multi-building development containing residential
16		units that are not individually assessed, the portion of the
17		property certified shall represent no more than 40% of those
18		residential units.
19		The county clerk shall abate the taxes only if a
20		certificate of use has been timely filed for that year. If only
21		a portion of the property has been certified as eligible, the
22		county clerk shall abate the taxes in the percentage so
23		certified.
24		Whenever property receives an abatement under this
25		Section, the rental rate set under the lease, regulatory and
26		operating agreement, or other similar instrument for that
27		property shall not include property taxes.
28		No property shall be eligible for abatement under this
29		Section if the owner of the property has any outstanding and
30		overdue debts to the municipality in which the property is
31		situated.
32		(Source: P.A. 92-621, eff. 7-11-02; revised 11-6-02.)
33		(35 ILCS 200/18-185)
34		Sec. 18-185. Short title; definitions. This Division 5 may
35		be cited as the Property Tax Extension Limitation Law. As used

1		in this Division 5:
2		"Consumer Price Index" means the Consumer Price Index for
3		All Urban Consumers for all items published by the United
4		States Department of Labor.
5		"Extension limitation" means (a) the lesser of 5% or the
6		percentage increase in the Consumer Price Index during the
7		12-month calendar year preceding the levy year or (b) the rate
8		of increase approved by voters under Section 18-205.
9		"Affected county" means a county of 3,000,000 or more
10		inhabitants or a county contiguous to a county of 3,000,000 or
11		more inhabitants.
12		"Taxing district" has the same meaning provided in Section
13		1-150, except as otherwise provided in this Section. For the
14		1991 through 1994 levy years only, "taxing district" includes
15		only each non-home rule taxing district having the majority of
16		its 1990 equalized assessed value within any county or counties
17		contiguous to a county with 3,000,000 or more inhabitants.
18		Beginning with the 1995 levy year, "taxing district" includes
19		only each non-home rule taxing district subject to this Law
20		before the 1995 levy year and each non-home rule taxing
21		district not subject to this Law before the 1995 levy year
22		having the majority of its 1994 equalized assessed value in an
23		affected county or counties. Beginning with the levy year in
24		which this Law becomes applicable to a taxing district as
25		provided in Section 18-213, "taxing district" also includes
26		those taxing districts made subject to this Law as provided in
27		Section 18-213.
28		"Aggregate extension" for taxing districts to which this
29		Law applied before the 1995 levy year means the annual
30		corporate extension for the taxing district and those special
31		purpose extensions that are made annually for the taxing
32		district, excluding special purpose extensions: (a) made for
33		the taxing district to pay interest or principal on general
34		obligation bonds that were approved by referendum; (b) made for
35		any taxing district to pay interest or principal on general
36		obligation bonds issued before October 1, 1991; (c) made for

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

1		school district to the county clerk; and (l) made to fund
2		expenses of providing joint recreational programs for the
3		handicapped under Section 5-8 of the Park District Code or
4		Section 11-95-14 of the Illinois Municipal Code.
5		"Aggregate extension" for the taxing districts to which
6		this Law did not apply before the 1995 levy year (except taxing
7		districts subject to this Law in accordance with Section
8		18-213) means the annual corporate extension for the taxing
9		district and those special purpose extensions that are made
10		annually for the taxing district, excluding special purpose
11		extensions: (a) made for the taxing district to pay interest or
12		principal on general obligation bonds that were approved by
13		referendum; (b) made for any taxing district to pay interest or
14		principal on general obligation bonds issued before March 1,
15		1995; (c) made for any taxing district to pay interest or
16		principal on bonds issued to refund or continue to refund those
17		bonds issued before March 1, 1995; (d) made for any taxing
18		district to pay interest or principal on bonds issued to refund
19		or continue to refund bonds issued after March 1, 1995 that
20		were approved by referendum; (e) made for any taxing district
21		to pay interest or principal on revenue bonds issued before
22		March 1, 1995 for payment of which a property tax levy or the
23		full faith and credit of the unit of local government is
24		pledged; however, a tax for the payment of interest or
25		principal on those bonds shall be made only after the governing
26		body of the unit of local government finds that all other
27		sources for payment are insufficient to make those payments;
28		(f) made for payments under a building commission lease when
29		the lease payments are for the retirement of bonds issued by
30		the commission before March 1, 1995 to pay for the building
31		project; (g) made for payments due under installment contracts
32		entered into before March 1, 1995; (h) made for payments of
33		principal and interest on bonds issued under the Metropolitan
34		Water Reclamation District Act to finance construction
35		projects initiated before October 1, 1991; (i) made for
36		payments of principal and interest on limited bonds, as defined

1		in Section 3 of the Local Government Debt Reform Act, in an
2		amount not to exceed the debt service extension base less the
3		amount in items (b), (c), and (e) of this definition for
4		non-referendum obligations, except obligations initially
5		issued pursuant to referendum and bonds described in subsection
6		(h) of this definition; (j) made for payments of principal and
7		interest on bonds issued under Section 15 of the Local
8		Government Debt Reform Act; (k) made for payments of principal
9		and interest on bonds authorized by Public Act 88-503 and
10		issued under Section 20a of the Chicago Park District Act for
11		aquarium or museum projects; (l) made for payments of principal
12		and interest on bonds authorized by Public Act 87-1191 or
13		93-601 this amendatory Act of the 93rd General Assembly and (i)
14		issued pursuant to Section 21.2 of the Cook County Forest
15		Preserve District Act, (ii) issued under Section 42 of the Cook
16		County Forest Preserve District Act for zoological park
17		projects, or (iii) issued under Section 44.1 of the Cook County
18		Forest Preserve District Act for botanical gardens projects;
19		(m) made pursuant to Section 34-53.5 of the School Code,
20		whether levied annually or not; (n) made to fund expenses of
21		providing joint recreational programs for the handicapped
22		under Section 5-8 of the Park District Code or Section 11-95-14
23		of the Illinois Municipal Code; and (o) made by the Chicago
24		Park District for recreational programs for the handicapped
25		under subsection (c) of Section 7.06 of the Chicago Park
26		District Act.
27		"Aggregate extension" for all taxing districts to which
28		this Law applies in accordance with Section 18-213, except for
29		those taxing districts subject to paragraph (2) of subsection
30		(e) of Section 18-213, means the annual corporate extension for
31		the taxing district and those special purpose extensions that
32		are made annually for the taxing district, excluding special
33		purpose extensions: (a) made for the taxing district to pay
34		interest or principal on general obligation bonds that were
35		approved by referendum; (b) made for any taxing district to pay
36		interest or principal on general obligation bonds issued before

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

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); and (k) made to fund expenses of
7		providing joint recreational programs for the handicapped
8		under Section 5-8 of the Park District Code or Section 11-95-14
9		of the Illinois Municipal Code.
10		"Aggregate extension" for all taxing districts to which
11		this Law applies in accordance with paragraph (2) of subsection
12		(e) of Section 18-213 means the annual corporate extension for
13		the taxing district and those special purpose extensions that
14		are made annually for the taxing district, excluding special
15		purpose extensions: (a) made for the taxing district to pay
16		interest or principal on general obligation bonds that were
17		approved by referendum; (b) made for any taxing district to pay
18		interest or principal on general obligation bonds issued before
19		the effective date of this amendatory Act of 1997; (c) made for
20		any taxing district to pay interest or principal on bonds
21		issued to refund or continue to refund those bonds issued
22		before the effective date of this amendatory Act of 1997; (d)
23		made for any taxing district to pay interest or principal on
24		bonds issued to refund or continue to refund bonds issued after
25		the effective date of this amendatory Act of 1997 if the bonds
26		were approved by referendum after the effective date of this
27		amendatory Act of 1997; (e) made for any taxing district to pay
28		interest or principal on revenue bonds issued before the
29		effective date of this amendatory Act of 1997 for payment of
30		which a property tax levy or the full faith and credit of the
31		unit of local government is pledged; however, a tax for the
32		payment of interest or principal on those bonds shall be made
33		only after the governing body of the unit of local government
34		finds that all other sources for payment are insufficient to
35		make those payments; (f) made for payments under a building
36		commission lease when the lease payments are for the retirement

1		of bonds issued by the commission before the effective date of
2		this amendatory Act of 1997 to pay for the building project;
3		(g) made for payments due under installment contracts entered
4		into before the effective date of this amendatory Act of 1997;
5		(h) made for payments of principal and interest on limited
6		bonds, as defined in Section 3 of the Local Government Debt
7		Reform Act, in an amount not to exceed the debt service
8		extension base less the amount in items (b), (c), and (e) of
9		this definition for non-referendum obligations, except
10		obligations initially issued pursuant to referendum; (i) made
11		for payments of principal and interest on bonds issued under
12		Section 15 of the Local Government Debt Reform Act; (j) made
13		for a qualified airport authority to pay interest or principal
14		on general obligation bonds issued for the purpose of paying
15		obligations due under, or financing airport facilities
16		required to be acquired, constructed, installed or equipped
17		pursuant to, contracts entered into before March 1, 1996 (but
18		not including any amendments to such a contract taking effect
19		on or after that date); and (k) made to fund expenses of
20		providing joint recreational programs for the handicapped
21		under Section 5-8 of the Park District Code or Section 11-95-14
22		of the Illinois Municipal Code.
23		"Debt service extension base" means an amount equal to that
24		portion of the extension for a taxing district for the 1994
25		levy year, or for those taxing districts subject to this Law in
26		accordance with Section 18-213, except for those subject to
27		paragraph (2) of subsection (e) of Section 18-213, for the levy
28		year in which the referendum making this Law applicable to the
29		taxing district is held, or for those taxing districts subject
30		to this Law in accordance with paragraph (2) of subsection (e)
31		of Section 18-213 for the 1996 levy year, constituting an
32		extension for payment of principal and interest on bonds issued
33		by the taxing district without referendum, but not including
34		excluded non-referendum bonds. For park districts (i) that were
35		first subject to this Law in 1991 or 1995 and (ii) whose
36		extension for the 1994 levy year for the payment of principal

1		and interest on bonds issued by the park district without
2		referendum (but not including excluded non-referendum bonds)
3		was less than 51% of the amount for the 1991 levy year
4		constituting an extension for payment of principal and interest
5		on bonds issued by the park district without referendum (but
6		not including excluded non-referendum bonds), "debt service
7		extension base" means an amount equal to that portion of the
8		extension for the 1991 levy year constituting an extension for
9		payment of principal and interest on bonds issued by the park
10		district without referendum (but not including excluded
11		non-referendum bonds). The debt service extension base may be
12		established or increased as provided under Section 18-212.
13		"Excluded non-referendum bonds" means (i) bonds authorized by
14		Public Act 88-503 and issued under Section 20a of the Chicago
15		Park District Act for aquarium and museum projects; (ii) bonds
16		issued under Section 15 of the Local Government Debt Reform
17		Act; or (iii) refunding obligations issued to refund or to
18		continue to refund obligations initially issued pursuant to
19		referendum.
20		"Special purpose extensions" include, but are not limited
21		to, extensions for levies made on an annual basis for
22		unemployment and workers' compensation, self-insurance,
23		contributions to pension plans, and extensions made pursuant to
24		Section 6-601 of the Illinois Highway Code for a road
25		district's permanent road fund whether levied annually or not.
26		The extension for a special service area is not included in the
27		aggregate extension.
28		"Aggregate extension base" means the taxing district's
29		last preceding aggregate extension as adjusted under Sections
30		18-215 through 18-230.
31		"Levy year" has the same meaning as "year" under Section
32		1-155.
33		"New property" means (i) the assessed value, after final
34		board of review or board of appeals action, of new improvements
35		or additions to existing improvements on any parcel of real
36		property that increase the assessed value of that real property

1		during the levy year multiplied by the equalization factor
2		issued by the Department under Section 17-30, (ii) the assessed
3		value, after final board of review or board of appeals action,
4		of real property not exempt from real estate taxation, which
5		real property was exempt from real estate taxation for any
6		portion of the immediately preceding levy year, multiplied by
7		the equalization factor issued by the Department under Section
8		17-30, and (iii) in counties that classify in accordance with
9		Section 4 of Article IX of the Illinois Constitution, an
10		incentive property's additional assessed value resulting from
11		a scheduled increase in the level of assessment as applied to
12		the first year final board of review market value. In addition,
13		the county clerk in a county containing a population of
14		3,000,000 or more shall include in the 1997 recovered tax
15		increment value for any school district, any recovered tax
16		increment value that was applicable to the 1995 tax year
17		calculations.
18		"Qualified airport authority" means an airport authority
19		organized under the Airport Authorities Act and located in a
20		county bordering on the State of Wisconsin and having a
21		population in excess of 200,000 and not greater than 500,000.
22		"Recovered tax increment value" means, except as otherwise
23		provided in this paragraph, the amount of the current year's
24		equalized assessed value, in the first year after a
25		municipality terminates the designation of an area as a
26		redevelopment project area previously established under the
27		Tax Increment Allocation Development Act in the Illinois
28		Municipal Code, previously established under the Industrial
29		Jobs Recovery Law in the Illinois Municipal Code, or previously
30		established under the Economic Development Area Tax Increment
31		Allocation Act, of each taxable lot, block, tract, or parcel of
32		real property in the redevelopment project area over and above
33		the initial equalized assessed value of each property in the
34		redevelopment project area. For the taxes which are extended
35		for the 1997 levy year, the recovered tax increment value for a
36		non-home rule taxing district that first became subject to this

1		Law for the 1995 levy year because a majority of its 1994
2		equalized assessed value was in an affected county or counties
3		shall be increased if a municipality terminated the designation
4		of an area in 1993 as a redevelopment project area previously
5		established under the Tax Increment Allocation Development Act
6		in the Illinois Municipal Code, previously established under
7		the Industrial Jobs Recovery Law in the Illinois Municipal
8		Code, or previously established under the Economic Development
9		Area Tax Increment Allocation Act, by an amount equal to the
10		1994 equalized assessed value of each taxable lot, block,
11		tract, or parcel of real property in the redevelopment project
12		area over and above the initial equalized assessed value of
13		each property in the redevelopment project area. In the first
14		year after a municipality removes a taxable lot, block, tract,
15		or parcel of real property from a redevelopment project area
16		established under the Tax Increment Allocation Development Act
17		in the Illinois Municipal Code, the Industrial Jobs Recovery
18		Law in the Illinois Municipal Code, or the Economic Development
19		Area Tax Increment Allocation Act, "recovered tax increment
20		value" means the amount of the current year's equalized
21		assessed value of each taxable lot, block, tract, or parcel of
22		real property removed from the redevelopment project area over
23		and above the initial equalized assessed value of that real
24		property before removal from the redevelopment project area.
25		Except as otherwise provided in this Section, "limiting
26		rate" means a fraction the numerator of which is the last
27		preceding aggregate extension base times an amount equal to one
28		plus the extension limitation defined in this Section and the
29		denominator of which is the current year's equalized assessed
30		value of all real property in the territory under the
31		jurisdiction of the taxing district during the prior levy year.
32		For those taxing districts that reduced their aggregate
33		extension for the last preceding levy year, the highest
34		aggregate extension in any of the last 3 preceding levy years
35		shall be used for the purpose of computing the limiting rate.
36		The denominator shall not include new property. The denominator

1		shall not include the recovered tax increment value.
2		(Source: P.A. 92-547, eff. 6-13-02; 93-601, eff. 1-1-04;
3		93-606, eff. 11-18-03; 93-612, eff. 11-18-03; revised
4		12-10-03.)

5		Section 165. The Simplified Municipal Telecommunications
6		Tax Act is amended by changing Section 5-50 as follows:
7		(35 ILCS 636/5-50)
8		Sec. 5-50. Returns to the Department.
9		(a) Commencing on February 1, 2003, for the tax imposed
10		under subsection (a) of Section 5-20 of this Act, every
11		retailer maintaining a place of business in this State shall,
12		on or before the last day of each month make a return to the
13		Department for the preceding calendar month, stating:
14		(1) Its name;
15		(2) The address of its principal place of business or
16		the address of the principal place of business (if that is
17		a different address) from which it engages in the business
18		of transmitting telecommunications;
19		(3) Total amount of gross charges billed by it during
20		the preceding calendar month for providing
21		telecommunications during the calendar month;
22		(4) Total amount received by it during the preceding
23		calendar month on credit extended;
24		(5) Deductions allowed by law;
25		(6) Gross charges that were billed by it during the
26		preceding calendar month and upon the basis of which the
27		tax is imposed;
28		(7) Amount of tax (computed upon Item 6);
29		(8) The municipalities to which the Department shall
30		remit the taxes and the amount of such remittances;
31		(9) Such other reasonable information as the
32		Department may require.
33		(b) Any retailer required to make payments under this
34		Section may make the payments by electronic funds transfer. The

1		Department shall adopt rules necessary to effectuate a program
2		of electronic funds transfer. Any retailer who has average
3		monthly tax billings due to the Department under this Act and
4		the Telecommunications Excise Tax Act that exceed $1,000 shall
5		make all payments by electronic funds transfer as required by
6		rules of the Department.
7		(c) If the retailer's average monthly tax billings due to
8		the Department under this Act and the Telecommunications Excise
9		Tax Act do not exceed $1,000, the Department may authorize such
10		retailer's returns to be filed on a quarter-annual basis, with
11		the return for January, February, and March of a given year
12		being due by April 30th of that year; with the return for
13		April, May, and June of a given year being due by July 31st of
14		that year; with the return for July, August, and September of a
15		given year being due by October 31st of that year; and with the
16		return for October, November, and December of a given year
17		being due by January 31st of the following year.
18		(d) If the retailer is otherwise required to file a monthly
19		or quarterly return and if the retailer's average monthly tax
20		billings due to the Department under this Act and the
21		Telecommunications Excise Tax Act do not exceed $400, the
22		Department may authorize such retailer's return to be filed on
23		an annual basis, with the return for a given year being due by
24		January 31st of the following year.
25		(e) Each retailer whose average monthly remittance to the
26		Department under this Act and the Telecommunications Excise Tax
27		Act was $25,000 or more during the preceding calendar year,
28		excluding the month of highest remittance and the month of
29		lowest remittance in such calendar year, and who is not
30		operated by a unit of local government, shall make estimated
31		payments to the Department on or before the 7th, 15th, 22nd,
32		and last day of the month during which the tax remittance is
33		owed to the Department in an amount not less than the lower of
34		either 22.5% of the retailer's actual tax collections for the
35		month or 25% of the retailer's actual tax collections for the
36		same calendar month of the preceding year. The amount of such

1		quarter-monthly payments shall be credited against the final
2		remittance of the retailer's return for that month. Any
3		outstanding credit, approved by the Department, arising from
4		the retailer's overpayment of its final remittance for any
5		month may be applied to reduce the amount of any subsequent
6		quarter-monthly payment or credited against the final
7		remittance of the retailer's return for any subsequent month.
8		If any quarter-monthly payment is not paid at the time or in
9		the amount required by this Section, the retailer shall be
10		liable for penalty and interest on the difference between the
11		minimum amount due as a payment and the amount of such payment
12		actually and timely paid, except insofar as the retailer has
13		previously made payments for that month to the Department or
14		received credits in excess of the minimum payments previously
15		due.
16		(f) Notwithstanding any other provision of this Section
17		containing the time within which a retailer may file his or her
18		return, in the case of any retailer who ceases to engage in a
19		kind of business that makes him or her responsible for filing
20		returns under this Section, the retailer shall file a final
21		return under this Section with the Department not more than one
22		month after discontinuing such business.
23		(g) In making such return, the retailer shall determine the
24		value of any consideration other than money received by it and
25		such retailer shall include the value in its return. Such
26		determination shall be subject to review and revision by the
27		Department in the manner hereinafter provided for the
28		correction of returns.
29		(h) Any retailer who has average monthly tax billings due
30		to the Department under this Act and the Telecommunications
31		Excise Tax Act that exceed $1,000 shall file the return
32		required by this Section by electronic means as required by
33		rules of the Department.
34		(i) The retailer filing the return herein provided for
35		shall, at the time of filing the return, pay to the Department
36		the amounts due pursuant to this Act. The Department shall

1		immediately pay over to the State Treasurer, ex officio, as
2		trustee, 99.5% of all taxes, penalties, and interest collected
3		hereunder for deposit into the Municipal Telecommunications
4		Fund, which is hereby created. The remaining 0.5% received by
5		the Department pursuant to this Act shall be deposited into the
6		Tax Compliance and Administration Fund and shall be used by the
7		Department, subject to appropriation, to cover the costs of the
8		Department.
9		On or before the 25th day of each calendar month, the
10		Department shall prepare and certify to the Comptroller the
11		disbursement of stated sums of money to be paid to named
12		municipalities from the Municipal Telecommunications Fund for
13		amounts collected during the second preceding calendar month.
14		The named municipalities shall be those municipalities
15		identified by a retailer in such retailer's return as having
16		imposed the tax authorized by the Act. The amount of money to
17		be paid to each municipality shall be the amount (not including
18		credit memoranda) collected hereunder during the second
19		preceding calendar month by the Department, plus an amount the
20		Department determines is necessary to offset any amounts that
21		were erroneously erronenously paid to a different taxing body,
22		and not including an amount equal to the amount of refunds made
23		during the second preceding calendar month by the Department on
24		behalf of such municipality, and not including any amount that
25		the Department determines is necessary to offset any amount
26		that were payable to a different taxing body but were
27		erroneously paid to the municipality. Within 10 days after
28		receipt by the Comptroller of the disbursement certification
29		from the Department, the Comptroller shall cause the orders to
30		be drawn for the respective amounts in accordance with the
31		directions contained in the certification. When certifying to
32		the Comptroller the amount of a monthly disbursement to a
33		municipality under this Section, the Department shall increase
34		or decrease the amount by an amount necessary to offset any
35		misallocation of previous disbursements. The offset amount
36		shall be the amount erroneously disbursed within the previous 6

1		months from the time a misallocation is discovered.
2		(j) For municipalities with populations of less than
3		500,000, whenever the Department determines that a refund shall
4		be made under this Section to a claimant instead of issuing a
5		credit memorandum, the Department shall notify the State
6		Comptroller, who shall cause the order to be drawn for the
7		amount specified and to the person named in the notification
8		from the Department. The refund shall be paid by the State
9		Treasurer out of the Municipal Telecommunications Fund.
10		(Source: P.A. 92-526, eff. 7-1-02; revised 2-17-03.)

11		Section 170. The Uniform Penalty and Interest Act is
12		amended by changing Sections 3-2 and 3-3 as follows:
13		(35 ILCS 735/3-2) (from Ch. 120, par. 2603-2)
14		Sec. 3-2. Interest.
15		(a) Interest paid by the Department to taxpayers and
16		interest charged to taxpayers by the Department shall be paid
17		at the annual rate determined by the Department. For periods
18		prior to January 1, 2004, that rate shall be the underpayment
19		rate established under Section 6621 of the Internal Revenue
20		Code. For periods after December 31, 2003, that rate shall be:
21		(1) for the one-year period beginning with the date of
22		underpayment or overpayment, the short-term federal rate
23		established under Section 6621 of the Internal Revenue
24		Code.
25		(2) for any period beginning the day after the one-year
26		period described in paragraph (1) of this subsection (a),
27		the underpayment rate established under Section 6621 of the
28		Internal Revenue Code.
29		(b) The interest rate shall be adjusted on a semiannual
30		basis, on January 1 and July 1, based upon the underpayment
31		rate or short-term federal rate going into effect on that
32		January 1 or July 1 under Section 6621 of the Internal Revenue
33		Code.
34		(c) This subsection (c) is applicable to returns due on and

1		before December 31, 2000. Interest shall be simple interest
2		calculated on a daily basis. Interest shall accrue upon tax and
3		penalty due. If notice and demand is made for the payment of
4		any amount of tax due and if the amount due is paid within 30
5		days after the date of such notice and demand, interest under
6		this Section on the amount so paid shall not be imposed for the
7		period after the date of the notice and demand.
8		(c-5) This subsection (c-5) is applicable to returns due on
9		and after January 1, 2001. Interest shall be simple interest
10		calculated on a daily basis. Interest shall accrue upon tax
11		due. If notice and demand is made for the payment of any amount
12		of tax due and if the amount due is paid within 30 days after
13		the date of the notice and demand, interest under this Section
14		on the amount so paid shall not be imposed for the period after
15		the date of the notice and demand.
16		(d) No interest shall be paid upon any overpayment of tax
17		if the overpayment is refunded or a credit approved within 90
18		days after the last date prescribed for filing the original
19		return, or within 90 days of the receipt of the processable
20		return, or within 90 days after the date of overpayment,
21		whichever date is latest, as determined without regard to
22		processing time by the Comptroller or without regard to the
23		date on which the credit is applied to the taxpayer's account.
24		In order for an original return to be processable for purposes
25		of this Section, it must be in the form prescribed or approved
26		by the Department, signed by the person authorized by law, and
27		contain all information, schedules, and support documents
28		necessary to determine the tax due and to make allocations of
29		tax as prescribed by law. For the purposes of computing
30		interest, a return shall be deemed to be processable unless the
31		Department notifies the taxpayer that the return is not
32		processable within 90 days after the receipt of the return;
33		however, interest shall not accumulate for the period following
34		this date of notice. Interest on amounts refunded or credited
35		pursuant to the filing of an amended return or claim for refund
36		shall be determined from the due date of the original return or

1		the date of overpayment, whichever is later, to the date of
2		payment by the Department without regard to processing time by
3		the Comptroller or the date of credit by the Department or
4		without regard to the date on which the credit is applied to
5		the taxpayer's account. If a claim for refund relates to an
6		overpayment attributable to a net loss carryback as provided by
7		Section 207 of the Illinois Income Tax Act, the date of
8		overpayment shall be the last day of the taxable year in which
9		the loss was incurred.
10		(e) Interest on erroneous refunds. Any portion of the tax
11		imposed by an Act to which this Act is applicable or any
12		interest or penalty which has been erroneously refunded and
13		which is recoverable by the Department shall bear interest from
14		the date of payment of the refund. However, no interest will be
15		charged if the erroneous refund is for an amount less than $500
16		and is due to a mistake of the Department.
17		(f) If a taxpayer has a tax liability that is eligible for
18		amnesty under the Tax Delinquency Amnesty Act and the taxpayer
19		fails to satisfy the tax liability during the amnesty period
20		provided for in that Act, then the interest charged by the
21		Department under this Section shall be imposed at a rate that
22		is 200% of the rate that would otherwise be imposed under this
23		Section.
24		(Source: P.A. 93-26, eff. 6-20-03; 93-32, eff. 6-20-03; revised
25		8-1-03.)
26		(35 ILCS 735/3-3) (from Ch. 120, par. 2603-3)
27		Sec. 3-3. Penalty for failure to file or pay.
28		(a) This subsection (a) is applicable before January 1,
29		1996. A penalty of 5% of the tax required to be shown due on a
30		return shall be imposed for failure to file the tax return on
31		or before the due date prescribed for filing determined with
32		regard for any extension of time for filing (penalty for late
33		filing or nonfiling). If any unprocessable return is corrected
34		and filed within 21 days after notice by the Department, the
35		late filing or nonfiling penalty shall not apply. If a penalty

1		for late filing or nonfiling is imposed in addition to a
2		penalty for late payment, the total penalty due shall be the
3		sum of the late filing penalty and the applicable late payment
4		penalty. Beginning on the effective date of this amendatory Act
5		of 1995, in the case of any type of tax return required to be
6		filed more frequently than annually, when the failure to file
7		the tax return on or before the date prescribed for filing
8		(including any extensions) is shown to be nonfraudulent and has
9		not occurred in the 2 years immediately preceding the failure
10		to file on the prescribed due date, the penalty imposed by
11		Section 3-3(a) shall be abated.
12		(a-5) This subsection (a-5) is applicable to returns due on
13		and after January 1, 1996 and on or before December 31, 2000. A
14		penalty equal to 2% of the tax required to be shown due on a
15		return, up to a maximum amount of $250, determined without
16		regard to any part of the tax that is paid on time or by any
17		credit that was properly allowable on the date the return was
18		required to be filed, shall be imposed for failure to file the
19		tax return on or before the due date prescribed for filing
20		determined with regard for any extension of time for filing.
21		However, if any return is not filed within 30 days after notice
22		of nonfiling mailed by the Department to the last known address
23		of the taxpayer contained in Department records, an additional
24		penalty amount shall be imposed equal to the greater of $250 or
25		2% of the tax shown on the return. However, the additional
26		penalty amount may not exceed $5,000 and is determined without
27		regard to any part of the tax that is paid on time or by any
28		credit that was properly allowable on the date the return was
29		required to be filed (penalty for late filing or nonfiling). If
30		any unprocessable return is corrected and filed within 30 days
31		after notice by the Department, the late filing or nonfiling
32		penalty shall not apply. If a penalty for late filing or
33		nonfiling is imposed in addition to a penalty for late payment,
34		the total penalty due shall be the sum of the late filing
35		penalty and the applicable late payment penalty. In the case of
36		any type of tax return required to be filed more frequently

1		than annually, when the failure to file the tax return on or
2		before the date prescribed for filing (including any
3		extensions) is shown to be nonfraudulent and has not occurred
4		in the 2 years immediately preceding the failure to file on the
5		prescribed due date, the penalty imposed by Section 3-3(a-5)
6		shall be abated.
7		(a-10) This subsection (a-10) is applicable to returns due
8		on and after January 1, 2001. A penalty equal to 2% of the tax
9		required to be shown due on a return, up to a maximum amount of
10		$250, reduced by any tax that is paid on time or by any credit
11		that was properly allowable on the date the return was required
12		to be filed, shall be imposed for failure to file the tax
13		return on or before the due date prescribed for filing
14		determined with regard for any extension of time for filing.
15		However, if any return is not filed within 30 days after notice
16		of nonfiling mailed by the Department to the last known address
17		of the taxpayer contained in Department records, an additional
18		penalty amount shall be imposed equal to the greater of $250 or
19		2% of the tax shown on the return. However, the additional
20		penalty amount may not exceed $5,000 and is determined without
21		regard to any part of the tax that is paid on time or by any
22		credit that was properly allowable on the date the return was
23		required to be filed (penalty for late filing or nonfiling). If
24		any unprocessable return is corrected and filed within 30 days
25		after notice by the Department, the late filing or nonfiling
26		penalty shall not apply. If a penalty for late filing or
27		nonfiling is imposed in addition to a penalty for late payment,
28		the total penalty due shall be the sum of the late filing
29		penalty and the applicable late payment penalty. In the case of
30		any type of tax return required to be filed more frequently
31		than annually, when the failure to file the tax return on or
32		before the date prescribed for filing (including any
33		extensions) is shown to be nonfraudulent and has not occurred
34		in the 2 years immediately preceding the failure to file on the
35		prescribed due date, the penalty imposed by Section 3-3(a-10)
36		shall be abated.

1		(b) This subsection is applicable before January 1, 1998. A
2		penalty of 15% of the tax shown on the return or the tax
3		required to be shown due on the return shall be imposed for
4		failure to pay:
5		(1) the tax shown due on the return on or before the
6		due date prescribed for payment of that tax, an amount of
7		underpayment of estimated tax, or an amount that is
8		reported in an amended return other than an amended return
9		timely filed as required by subsection (b) of Section 506
10		of the Illinois Income Tax Act (penalty for late payment or
11		nonpayment of admitted liability); or
12		(2) the full amount of any tax required to be shown due
13		on a return and which is not shown (penalty for late
14		payment or nonpayment of additional liability), within 30
15		days after a notice of arithmetic error, notice and demand,
16		or a final assessment is issued by the Department. In the
17		case of a final assessment arising following a protest and
18		hearing, the 30-day period shall not begin until all
19		proceedings in court for review of the final assessment
20		have terminated or the period for obtaining a review has
21		expired without proceedings for a review having been
22		instituted. In the case of a notice of tax liability that
23		becomes a final assessment without a protest and hearing,
24		the penalty provided in this paragraph (2) shall be imposed
25		at the expiration of the period provided for the filing of
26		a protest.
27		(b-5) This subsection is applicable to returns due on and
28		after January 1, 1998 and on or before December 31, 2000. A
29		penalty of 20% of the tax shown on the return or the tax
30		required to be shown due on the return shall be imposed for
31		failure to pay:
32		(1) the tax shown due on the return on or before the
33		due date prescribed for payment of that tax, an amount of
34		underpayment of estimated tax, or an amount that is
35		reported in an amended return other than an amended return
36		timely filed as required by subsection (b) of Section 506

1		of the Illinois Income Tax Act (penalty for late payment or
2		nonpayment of admitted liability); or
3		(2) the full amount of any tax required to be shown due
4		on a return and which is not shown (penalty for late
5		payment or nonpayment of additional liability), within 30
6		days after a notice of arithmetic error, notice and demand,
7		or a final assessment is issued by the Department. In the
8		case of a final assessment arising following a protest and
9		hearing, the 30-day period shall not begin until all
10		proceedings in court for review of the final assessment
11		have terminated or the period for obtaining a review has
12		expired without proceedings for a review having been
13		instituted. In the case of a notice of tax liability that
14		becomes a final assessment without a protest and hearing,
15		the penalty provided in this paragraph (2) shall be imposed
16		at the expiration of the period provided for the filing of
17		a protest.
18		(b-10) This subsection (b-10) is applicable to returns due
19		on and after January 1, 2001 and on or before December 31,
20		2003. A penalty shall be imposed for failure to pay:
21		(1) the tax shown due on a return on or before the due
22		date prescribed for payment of that tax, an amount of
23		underpayment of estimated tax, or an amount that is
24		reported in an amended return other than an amended return
25		timely filed as required by subsection (b) of Section 506
26		of the Illinois Income Tax Act (penalty for late payment or
27		nonpayment of admitted liability). The amount of penalty
28		imposed under this subsection (b-10)(1) shall be 2% of any
29		amount that is paid no later than 30 days after the due
30		date, 5% of any amount that is paid later than 30 days
31		after the due date and not later than 90 days after the due
32		date, 10% of any amount that is paid later than 90 days
33		after the due date and not later than 180 days after the
34		due date, and 15% of any amount that is paid later than 180
35		days after the due date. If notice and demand is made for
36		the payment of any amount of tax due and if the amount due

1		is paid within 30 days after the date of the notice and
2		demand, then the penalty for late payment or nonpayment of
3		admitted liability under this subsection (b-10)(1) on the
4		amount so paid shall not accrue for the period after the
5		date of the notice and demand.
6		(2) the full amount of any tax required to be shown due
7		on a return and that is not shown (penalty for late payment
8		or nonpayment of additional liability), within 30 days
9		after a notice of arithmetic error, notice and demand, or a
10		final assessment is issued by the Department. In the case
11		of a final assessment arising following a protest and
12		hearing, the 30-day period shall not begin until all
13		proceedings in court for review of the final assessment
14		have terminated or the period for obtaining a review has
15		expired without proceedings for a review having been
16		instituted. The amount of penalty imposed under this
17		subsection (b-10)(2) shall be 20% of any amount that is not
18		paid within the 30-day period. In the case of a notice of
19		tax liability that becomes a final assessment without a
20		protest and hearing, the penalty provided in this
21		subsection (b-10)(2) shall be imposed at the expiration of
22		the period provided for the filing of a protest.
23		(b-15) This subsection (b-15) is applicable to returns due
24		on and after January 1, 2004.
25		(1) A penalty shall be imposed for failure to pay the
26		tax shown due or required to be shown due on a return on or
27		before the due date prescribed for payment of that tax, an
28		amount of underpayment of estimated tax, or an amount that
29		is reported in an amended return other than an amended
30		return timely filed as required by subsection (b) of
31		Section 506 of the Illinois Income Tax Act (penalty for
32		late payment or nonpayment of admitted liability). The
33		amount of penalty imposed under this subsection (b-15)(1)
34		shall be 2% of any amount that is paid no later than 30
35		days after the due date, 10% of any amount that is paid
36		later than 30 days after the due date and not later than 90

1		days after the due date, 15% of any amount that is paid
2		later than 90 days after the due date and not later than
3		180 days after the due date, and 20% of any amount that is
4		paid later than 180 days after the due date. If notice and
5		demand is made for the payment of any amount of tax due and
6		if the amount due is paid within 30 days after the date of
7		this notice and demand, then the penalty for late payment
8		or nonpayment of admitted liability under this subsection
9		(b-15)(1) on the amount so paid shall not accrue for the
10		period after the date of the notice and demand.
11		(2) A penalty shall be imposed for failure to file a
12		return or to show on a timely return the full amount of any
13		tax required to be shown due. The amount of penalty imposed
14		under this subsection (b-15)(2) shall be:
15		(A) 5% of any amount of tax (other than an amount
16		properly reported on an amended return timely filed as
17		required by subsection (b) of Section 506 of the
18		Illinois Income Tax Act) that is shown on a return or
19		amended return filed prior to the date the Department
20		has initiated an audit or investigation of the
21		taxpayer;
22		(B) 10% of any amount of tax (other than an amount
23		properly reported on an amended return timely filed as
24		required by subsection (b) of Section 506 of the
25		Illinois Income Tax Act) that is shown on a return or
26		amended return filed on or after the date the
27		Department has initiated an audit or investigation of
28		the taxpayer, but prior to the date any notice of
29		deficiency, notice of tax liability, notice of
30		assessment or notice of final assessment is issued by
31		the Department with respect to any portion of such
32		underreported amount; or
33		(C) 20% of any amount that is not reported on a
34		return or amended return filed prior to the date any
35		notice of deficiency, notice of tax liability, notice
36		of assessment or notice of final assessment is issued

1		by the Department with respect to any portion of such
2		underreported amount.
3		(c) For purposes of the late payment penalties, the basis
4		of the penalty shall be the tax shown or required to be shown
5		on a return, whichever is applicable, reduced by any part of
6		the tax which is paid on time and by any credit which was
7		properly allowable on the date the return was required to be
8		filed.
9		(d) A penalty shall be applied to the tax required to be
10		shown even if that amount is less than the tax shown on the
11		return.
12		(e) This subsection (e) is applicable to returns due before
13		January 1, 2001. If both a subsection (b)(1) or (b-5)(1)
14		penalty and a subsection (b)(2) or (b-5)(2) penalty are
15		assessed against the same return, the subsection (b)(2) or
16		(b-5)(2) penalty shall be assessed against only the additional
17		tax found to be due.
18		(e-5) This subsection (e-5) is applicable to returns due on
19		and after January 1, 2001. If both a subsection (b-10)(1)
20		penalty and a subsection (b-10)(2) penalty are assessed against
21		the same return, the subsection (b-10)(2) penalty shall be
22		assessed against only the additional tax found to be due.
23		(f) If the taxpayer has failed to file the return, the
24		Department shall determine the correct tax according to its
25		best judgment and information, which amount shall be prima
26		facie evidence of the correctness of the tax due.
27		(g) The time within which to file a return or pay an amount
28		of tax due without imposition of a penalty does not extend the
29		time within which to file a protest to a notice of tax
30		liability or a notice of deficiency.
31		(h) No return shall be determined to be unprocessable
32		because of the omission of any information requested on the
33		return pursuant to Section 2505-575 of the Department of
34		Revenue Law (20 ILCS 2505/2505-575).
35		(i) If a taxpayer has a tax liability that is eligible for
36		amnesty under the Tax Delinquency Amnesty Act and the taxpayer

1		fails to satisfy the tax liability during the amnesty period
2		provided for in that Act, then the penalty imposed by the
3		Department under this Section shall be imposed in an amount
4		that is 200% of the amount that would otherwise be imposed
5		under this Section.
6		(Source: P.A. 92-742, eff. 7-25-02; 93-26, eff. 6-20-03; 93-32,
7		eff. 6-20-03; revised 8-1-03.)

8		Section 175. The Illinois Pension Code is amended by
9		changing Sections 8-138, 11-134, 14-103.04, 16-150, and 16-182
10		as follows:
11		(40 ILCS 5/8-138) (from Ch. 108 1/2, par. 8-138)
12		Sec. 8-138. Minimum annuities - Additional provisions.
13		(a) An employee who withdraws after age 65 or more with at
14		least 20 years of service, for whom the amount of age and
15		service and prior service annuity combined is less than the
16		amount stated in this Section, shall from the date of
17		withdrawal, instead of all annuities otherwise provided, be
18		entitled to receive an annuity for life of $150 a year, plus 1
19		1/2% for each year of service, to and including 20 years, and 1
20		2/3% for each year of service over 20 years, of his highest
21		average annual salary for any 4 consecutive years within the
22		last 10 years of service immediately preceding the date of
23		withdrawal.
24		An employee who withdraws after 20 or more years of
25		service, before age 65, shall be entitled to such annuity, to
26		begin not earlier than upon attained age of 55 years if under
27		such age at withdrawal, reduced by 2% for each full year or
28		fractional part thereof that his attained age is less than 65,
29		plus an additional 2% reduction for each full year or
30		fractional part thereof that his attained age when annuity is
31		to begin is less than 60 so that the total reduction at age 55
32		shall be 30%.
33		(b) An employee who withdraws after July 1, 1957, at age 60
34		or over, with 20 or more years of service, for whom the age and

1		service and prior service annuity combined, is less than the
2		amount stated in this paragraph, shall, from the date of
3		withdrawal, instead of such annuities, be entitled to receive
4		an annuity for life equal to 1 2/3% for each year of service,
5		of the highest average annual salary for any 5 consecutive
6		years within the last 10 years of service immediately preceding
7		the date of withdrawal; provided, that in the case of any
8		employee who withdraws on or after July 1, 1971, such employee
9		age 60 or over with 20 or more years of service, shall receive
10		an annuity for life equal to 1.67% for each of the first 10
11		years of service; 1.90% for each of the next 10 years of
12		service; 2.10% for each year of service in excess of 20 but not
13		exceeding 30; and 2.30% for each year of service in excess of
14		30, based on the highest average annual salary for any 4
15		consecutive years within the last 10 years of service
16		immediately preceding the date of withdrawal.
17		An employee who withdraws after July 1, 1957 and before
18		January 1, 1988, with 20 or more years of service, before age
19		60 years is entitled to annuity, to begin not earlier than upon
20		attained age of 55 years, if under such age at withdrawal, as
21		computed in the last preceding paragraph, reduced 0.25% for
22		each full month or fractional part thereof that his attained
23		age when annuity is to begin is less than 60 if the employee
24		was born before January 1, 1936, or 0.5% for each such month if
25		the employee was born on or after January 1, 1936.
26		Any employee born before January 1, 1936, who withdraws
27		with 20 or more years of service, and any employee with 20 or
28		more years of service who withdraws on or after January 1,
29		1988, may elect to receive, in lieu of any other employee
30		annuity provided in this Section, an annuity for life equal to
31		1.80% for each of the first 10 years of service, 2.00% for each
32		of the next 10 years of service, 2.20% for each year of service
33		in excess of 20 but not exceeding 30, and 2.40% for each year
34		of service in excess of 30, of the highest average annual
35		salary for any 4 consecutive years within the last 10 years of
36		service immediately preceding the date of withdrawal, to begin

1		not earlier than upon attained age of 55 years, if under such
2		age at withdrawal, reduced 0.25% for each full month or
3		fractional part thereof that his attained age when annuity is
4		to begin is less than 60; except that an employee retiring on
5		or after January 1, 1988, at age 55 or over but less than age
6		60, having at least 35 years of service, or an employee
7		retiring on or after July 1, 1990, at age 55 or over but less
8		than age 60, having at least 30 years of service, or an
9		employee retiring on or after the effective date of this
10		amendatory Act of 1997, at age 55 or over but less than age 60,
11		having at least 25 years of service, shall not be subject to
12		the reduction in retirement annuity because of retirement below
13		age 60.
14		However, in the case of an employee who retired on or after
15		January 1, 1985 but before January 1, 1988, at age 55 or older
16		and with at least 35 years of service, and who was subject
17		under this subsection (b) to the reduction in retirement
18		annuity because of retirement below age 60, that reduction
19		shall cease to be effective January 1, 1991, and the retirement
20		annuity shall be recalculated accordingly.
21		Any employee who withdraws on or after July 1, 1990, with
22		20 or more years of service, may elect to receive, in lieu of
23		any other employee annuity provided in this Section, an annuity
24		for life equal to 2.20% for each year of service if withdrawal
25		is before January 1, 2002, 60 days after the effective date of
26		this amendatory Act of the 92nd General Assembly, or 2.40% for
27		each year of service if withdrawal is on or after January 1,
28		2002, 60 days after the effective date of this amendatory Act
29		of the 92nd General Assembly or later, of the highest average
30		annual salary for any 4 consecutive years within the last 10
31		years of service immediately preceding the date of withdrawal,
32		to begin not earlier than upon attained age of 55 years, if
33		under such age at withdrawal, reduced 0.25% for each full month
34		or fractional part thereof that his attained age when annuity
35		is to begin is less than 60; except that an employee retiring
36		at age 55 or over but less than age 60, having at least 30 years

1		of service, shall not be subject to the reduction in retirement
2		annuity because of retirement below age 60.
3		Any employee who withdraws on or after the effective date
4		of this amendatory Act of 1997 with 20 or more years of service
5		may elect to receive, in lieu of any other employee annuity
6		provided in this Section, an annuity for life equal to 2.20%
7		for each year of service, if withdrawal is before January 1,
8		2002, 60 days after the effective date of this amendatory Act
9		of the 92nd General Assembly, or 2.40% for each year of service
10		if withdrawal is on or after January 1, 2002, 60 days after the
11		effective date of this amendatory Act of the 92nd General
12		Assembly or later, of the highest average annual salary for any
13		4 consecutive years within the last 10 years of service
14		immediately preceding the date of withdrawal, to begin not
15		earlier than upon attainment of age 55 (age 50 if the employee
16		has at least 30 years of service), reduced 0.25% for each full
17		month or remaining fractional part thereof that the employee's
18		attained age when annuity is to begin is less than 60; except
19		that an employee retiring at age 50 or over with at least 30
20		years of service or at age 55 or over with at least 25 years of
21		service shall not be subject to the reduction in retirement
22		annuity because of retirement below age 60.
23		The maximum annuity payable under part (a) and (b) of this
24		Section shall not exceed 70% of highest average annual salary
25		in the case of an employee who withdraws prior to July 1, 1971,
26		75% if withdrawal takes place on or after July 1, 1971 and
27		prior to January 1, 2002, 60 days after the effective date of
28		this amendatory Act of the 92nd General Assembly, or 80% if
29		withdrawal takes place on or after January 1, 2002 is 60 days
30		after the effective date of this amendatory Act of the 92nd
31		General Assembly or later. For the purpose of the minimum
32		annuity provided in this Section $1,500 is considered the
33		minimum annual salary for any year; and the maximum annual
34		salary for the computation of such annuity is $4,800 for any
35		year before 1953, $6000 for the years 1953 to 1956, inclusive,
36		and the actual annual salary, as salary is defined in this

1		Article, for any year thereafter.
2		To preserve rights existing on December 31, 1959, for
3		participants and contributors on that date to the fund created
4		by the Court and Law Department Employees' Annuity Act, who
5		became participants in the fund provided for on January 1,
6		1960, the maximum annual salary to be considered for such
7		persons for the years 1955 and 1956 is $7,500.
8		(c) For an employee receiving disability benefit, his
9		salary for annuity purposes under paragraphs (a) and (b) of
10		this Section, for all periods of disability benefit subsequent
11		to the year 1956, is the amount on which his disability benefit
12		was based.
13		(d) An employee with 20 or more years of service, whose
14		entire disability benefit credit period expires before
15		attainment of age 55 while still disabled for service, is
16		entitled upon withdrawal to the larger of (1) the minimum
17		annuity provided above, assuming he is then age 55, and
18		reducing such annuity to its actuarial equivalent as of his
19		attained age on such date or (2) the annuity provided from his
20		age and service and prior service annuity credits.
21		(e) The minimum annuity provisions do not apply to any
22		former municipal employee receiving an annuity from the fund
23		who re-enters service as a municipal employee, unless he
24		renders at least 3 years of additional service after the date
25		of re-entry.
26		(f) An employee in service on July 1, 1947, or who became a
27		contributor after July 1, 1947 and before attainment of age 70,
28		who withdraws after age 65, with less than 20 years of service
29		for whom the annuity has been fixed under this Article shall,
30		instead of the annuity so fixed, receive an annuity as follows:
31		Such amount as he could have received had the accumulated
32		amounts for annuity been improved with interest at the
33		effective rate to the date of his withdrawal, or to attainment
34		of age 70, whichever is earlier, and had the city contributed
35		to such earlier date for age and service annuity the amount
36		that it would have contributed had he been under age 65, after

1		the date his annuity was fixed in accordance with this Article,
2		and assuming his annuity were computed from such accumulations
3		as of his age on such earlier date. The annuity so computed
4		shall not exceed the annuity which would be payable under the
5		other provisions of this Section if the employee was credited
6		with 20 years of service and would qualify for annuity
7		thereunder.
8		(g) Instead of the annuity provided in this Article, an
9		employee having attained age 65 with at least 15 years of
10		service who withdraws from service on or after July 1, 1971 and
11		whose annuity computed under other provisions of this Article
12		is less than the amount provided under this paragraph, is
13		entitled to a minimum annuity for life equal to 1% of the
14		highest average annual salary, as salary is defined and limited
15		in this Section for any 4 consecutive years within the last 10
16		years of service for each year of service, plus the sum of $25
17		for each year of service. The annuity shall not exceed 60% of
18		such highest average annual salary.
19		(g-1) Instead of any other retirement annuity provided in
20		this Article, an employee who has at least 10 years of service
21		and withdraws from service on or after January 1, 1999 may
22		elect to receive a retirement annuity for life, beginning no
23		earlier than upon attainment of age 60, equal to 2.2% if
24		withdrawal is before January 1, 2002, 60 days after the
25		effective date of this amendatory Act of the 92nd General
26		Assembly or 2.4% if withdrawal is on or after January 1, 2002,
27		60 days after the effective date of this amendatory Act of the
28		92nd General Assembly or later, of final average salary for
29		each year of service, subject to a maximum of 75% of final
30		average salary if withdrawal is before January 1, 2002, or 80%
31		if withdrawal is on or after January 1, 2002. For the purpose
32		of calculating this annuity, "final average salary" means the
33		highest average annual salary for any 4 consecutive years in
34		the last 10 years of service.
35		(h) The minimum annuities provided under this Section shall
36		be paid in equal monthly installments.

1		(i) The amendatory provisions of part (b) and (g) of this
2		Section shall be effective July 1, 1971 and apply in the case
3		of every qualifying employee withdrawing on or after July 1,
4		1971.
5		(j) The amendatory provisions of this amendatory Act of
6		1985 (P.A. 84-23) relating to the discount of annuity because
7		of retirement prior to attainment of age 60, and to the
8		retirement formula, for those born before January 1, 1936,
9		shall apply only to qualifying employees withdrawing on or
10		after July 18, 1985.
11		(j-1) The changes made to this Section by Public Act 92-609
12		this amendatory Act of the 92nd General Assembly (increasing
13		the retirement formula to 2.4% per year of service and
14		increasing the maximum to 80%) apply to persons who withdraw
15		from service on or after January 1, 2002, regardless of whether
16		that withdrawal takes place before the effective date of that
17		this amendatory Act. In the case of a person who withdraws from
18		service on or after January 1, 2002 but begins to receive a
19		retirement annuity before July 1, 2002 the effective date of
20		this amendatory Act, the annuity shall be recalculated, with
21		the increase resulting from Public this amendatory Act 92-609
22		accruing from the date the retirement annuity began. The
23		changes made by Public Act 92-609 control over the changes made
24		by Public Act 92-599, as provided in Section 95 of P.A. 92-609.
25		(k) Beginning on January 1, 1999, the minimum amount of
26		employee's annuity shall be $850 per month for life for the
27		following classes of employees, without regard to the fact that
28		withdrawal occurred prior to the effective date of this
29		amendatory Act of 1998:
30		(1) any employee annuitant alive and receiving a life
31		annuity on the effective date of this amendatory Act of
32		1998, except a reciprocal annuity;
33		(2) any employee annuitant alive and receiving a term
34		annuity on the effective date of this amendatory Act of
35		1998, except a reciprocal annuity;
36		(3) any employee annuitant alive and receiving a

1		reciprocal annuity on the effective date of this amendatory
2		Act of 1998, whose service in this fund is at least 5
3		years;
4		(4) any employee annuitant withdrawing after age 60 on
5		or after the effective date of this amendatory Act of 1998,
6		with at least 10 years of service in this fund.
7		The increases granted under items (1), (2) and (3) of this
8		subsection (k) shall not be limited by any other Section of
9		this Act.
10		(Source: P.A. 92-599, eff. 6-28-02; 92-609, eff. 7-1-02;
11		revised 9-11-02.)
12		(40 ILCS 5/11-134) (from Ch. 108 1/2, par. 11-134)
13		Sec. 11-134. Minimum annuities.
14		(a) An employee whose withdrawal occurs after July 1, 1957
15		at age 60 or over, with 20 or more years of service, (as
16		service is defined or computed in Section 11-216), for whom the
17		age and service and prior service annuity combined is less than
18		the amount stated in this Section, shall, from and after the
19		date of withdrawal, in lieu of all annuities otherwise provided
20		in this Article, be entitled to receive an annuity for life of
21		an amount equal to 1 2/3% for each year of service, of the
22		highest average annual salary for any 5 consecutive years
23		within the last 10 years of service immediately preceding the
24		date of withdrawal; provided, that in the case of any employee
25		who withdraws on or after July 1, 1971, such employee age 60 or
26		over with 20 or more years of service, shall be entitled to
27		instead receive an annuity for life equal to 1.67% for each of
28		the first 10 years of service; 1.90% for each of the next 10
29		years of service; 2.10% for each year of service in excess of
30		20 but not exceeding 30; and 2.30% for each year of service in
31		excess of 30, based on the highest average annual salary for
32		any 4 consecutive years within the last 10 years of service
33		immediately preceding the date of withdrawal.
34		An employee who withdraws after July 1, 1957 and before
35		January 1, 1988, with 20 or more years of service, before age

1		60, shall be entitled to an annuity, to begin not earlier than
2		age 55, if under such age at withdrawal, as computed in the
3		last preceding paragraph, reduced 0.25% if the employee was
4		born before January 1, 1936, or 0.5% if the employee was born
5		on or after January 1, 1936, for each full month or fractional
6		part thereof that his attained age when such annuity is to
7		begin is less than 60.
8		Any employee born before January 1, 1936 who withdraws with
9		20 or more years of service, and any employee with 20 or more
10		years of service who withdraws on or after January 1, 1988, may
11		elect to receive, in lieu of any other employee annuity
12		provided in this Section, an annuity for life equal to 1.80%
13		for each of the first 10 years of service, 2.00% for each of
14		the next 10 years of service, 2.20% for each year of service in
15		excess of 20, but not exceeding 30, and 2.40% for each year of
16		service in excess of 30, of the highest average annual salary
17		for any 4 consecutive years within the last 10 years of service
18		immediately preceding the date of withdrawal, to begin not
19		earlier than upon attained age of 55 years, if under such age
20		at withdrawal, reduced 0.25% for each full month or fractional
21		part thereof that his attained age when annuity is to begin is
22		less than 60; except that an employee retiring on or after
23		January 1, 1988, at age 55 or over but less than age 60, having
24		at least 35 years of service, or an employee retiring on or
25		after July 1, 1990, at age 55 or over but less than age 60,
26		having at least 30 years of service, or an employee retiring on
27		or after the effective date of this amendatory Act of 1997, at
28		age 55 or over but less than age 60, having at least 25 years of
29		service, shall not be subject to the reduction in retirement
30		annuity because of retirement below age 60.
31		However, in the case of an employee who retired on or after
32		January 1, 1985 but before January 1, 1988, at age 55 or older
33		and with at least 35 years of service, and who was subject
34		under this subsection (a) to the reduction in retirement
35		annuity because of retirement below age 60, that reduction
36		shall cease to be effective January 1, 1991, and the retirement

1		annuity shall be recalculated accordingly.
2		Any employee who withdraws on or after July 1, 1990, with
3		20 or more years of service, may elect to receive, in lieu of
4		any other employee annuity provided in this Section, an annuity
5		for life equal to 2.20% for each year of service if withdrawal
6		is before January 1, 2002, 60 days after the effective date of
7		this amendatory Act of the 92nd General Assembly, or 2.40% for
8		each year of service if withdrawal is on or after January 1,
9		2002, 60 days after the effective date of this amendatory Act
10		of the 92nd General Assembly or later, of the highest average
11		annual salary for any 4 consecutive years within the last 10
12		years of service immediately preceding the date of withdrawal,
13		to begin not earlier than upon attained age of 55 years, if
14		under such age at withdrawal, reduced 0.25% for each full month
15		or fractional part thereof that his attained age when annuity
16		is to begin is less than 60; except that an employee retiring
17		at age 55 or over but less than age 60, having at least 30 years
18		of service, shall not be subject to the reduction in retirement
19		annuity because of retirement below age 60.
20		Any employee who withdraws on or after the effective date
21		of this amendatory Act of 1997 with 20 or more years of service
22		may elect to receive, in lieu of any other employee annuity
23		provided in this Section, an annuity for life equal to 2.20%
24		for each year of service if withdrawal is before January 1,
25		2002, 60 days after the effective date of this amendatory Act
26		of the 92nd General Assembly, or 2.40% for each year of service
27		if withdrawal is on or after January 1, 2002, 60 days after the
28		effective date of this amendatory Act of the 92nd General
29		Assembly or later, of the highest average annual salary for any
30		4 consecutive years within the last 10 years of service
31		immediately preceding the date of withdrawal, to begin not
32		earlier than upon attainment of age 55 (age 50 if the employee
33		has at least 30 years of service), reduced 0.25% for each full
34		month or remaining fractional part thereof that the employee's
35		attained age when annuity is to begin is less than 60; except
36		that an employee retiring at age 50 or over with at least 30

1		years of service or at age 55 or over with at least 25 years of
2		service shall not be subject to the reduction in retirement
3		annuity because of retirement below age 60.
4		The maximum annuity payable under this paragraph (a) of
5		this Section shall not exceed 70% of highest average annual
6		salary in the case of an employee who withdraws prior to July
7		1, 1971, 75% if withdrawal takes place on or after July 1, 1971
8		and prior to January 1, 2002, 60 days after the effective date
9		of this amendatory Act of the 92nd General Assembly, or 80% if
10		withdrawal is on or after January 1, 2002 60 days after the
11		effective date of this amendatory Act of the 92nd General
12		Assembly or later. For the purpose of the minimum annuity
13		provided in said paragraphs $1,500 shall be considered the
14		minimum annual salary for any year; and the maximum annual
15		salary to be considered for the computation of such annuity
16		shall be $4,800 for any year prior to 1953, $6,000 for the
17		years 1953 to 1956, inclusive, and the actual annual salary, as
18		salary is defined in this Article, for any year thereafter.
19		(b) For an employee receiving disability benefit, his
20		salary for annuity purposes under this Section shall, for all
21		periods of disability benefit subsequent to the year 1956, be
22		the amount on which his disability benefit was based.
23		(c) An employee with 20 or more years of service, whose
24		entire disability benefit credit period expires prior to
25		attainment of age 55 while still disabled for service, shall be
26		entitled upon withdrawal to the larger of (1) the minimum
27		annuity provided above assuming that he is then age 55, and
28		reducing such annuity to its actuarial equivalent at his
29		attained age on such date, or (2) the annuity provided from his
30		age and service and prior service annuity credits.
31		(d) The minimum annuity provisions as aforesaid shall not
32		apply to any former employee receiving an annuity from the
33		fund, and who re-enters service as an employee, unless he
34		renders at least 3 years of additional service after the date
35		of re-entry.
36		(e) An employee in service on July 1, 1947, or who became a

1		contributor after July 1, 1947 and prior to July 1, 1950, or
2		who shall become a contributor to the fund after July 1, 1950
3		prior to attainment of age 70, who withdraws after age 65 with
4		less than 20 years of service, for whom the annuity has been
5		fixed under the foregoing Sections of this Article shall, in
6		lieu of the annuity so fixed, receive an annuity as follows:
7		Such amount as he could have received had the accumulated
8		amounts for annuity been improved with interest at the
9		effective rate to the date of his withdrawal, or to attainment
10		of age 70, whichever is earlier, and had the city contributed
11		to such earlier date for age and service annuity the amount
12		that would have been contributed had he been under age 65,
13		after the date his annuity was fixed in accordance with this
14		Article, and assuming his annuity were computed from such
15		accumulations as of his age on such earlier date. The annuity
16		so computed shall not exceed the annuity which would be payable
17		under the other provisions of this Section if the employee was
18		credited with 20 years of service and would qualify for annuity
19		thereunder.
20		(f) In lieu of the annuity provided in this or in any other
21		Section of this Article, an employee having attained age 65
22		with at least 15 years of service who withdraws from service on
23		or after July 1, 1971 and whose annuity computed under other
24		provisions of this Article is less than the amount provided
25		under this paragraph shall be entitled to receive a minimum
26		annual annuity for life equal to 1% of the highest average
27		annual salary for any 4 consecutive years within the last 10
28		years of service immediately preceding retirement for each year
29		of his service plus the sum of $25 for each year of service.
30		Such annual annuity shall not exceed the maximum percentages
31		stated under paragraph (a) of this Section of such highest
32		average annual salary.
33		(f-1) Instead of any other retirement annuity provided in
34		this Article, an employee who has at least 10 years of service
35		and withdraws from service on or after January 1, 1999 may
36		elect to receive a retirement annuity for life, beginning no

1		earlier than upon attainment of age 60, equal to 2.2% if
2		withdrawal is before January 1, 2002, 60 days after the
3		effective date of this amendatory Act of the 92nd General
4		Assembly or 2.4% for each year of service if withdrawal is on
5		or after January 1, 2002, 60 days after the effective date of
6		this amendatory Act of the 92nd General Assembly or later, of
7		final average salary for each year of service, subject to a
8		maximum of 75% of final average salary if withdrawal is before
9		January 1, 2002, 60 days after the effective date of this
10		amendatory Act of the 92nd General Assembly, or 80% if
11		withdrawal is on or after January 1, 2002 60 days after the
12		effective date of this amendatory Act of the 92nd General
13		Assembly or later. For the purpose of calculating this annuity,
14		"final average salary" means the highest average annual salary
15		for any 4 consecutive years in the last 10 years of service.
16		(g) Any annuity payable under the preceding subsections of
17		this Section 11-134 shall be paid in equal monthly
18		installments.
19		(h) The amendatory provisions of part (a) and (f) of this
20		Section shall be effective July 1, 1971 and apply in the case
21		of every qualifying employee withdrawing on or after July 1,
22		1971.
23		(h-1) The changes made to this Section by Public Act 92-609
24		this amendatory Act of the 92nd General Assembly (increasing
25		the retirement formula to 2.4% per year of service and
26		increasing the maximum to 80%) apply to persons who withdraw
27		from service on or after January 1, 2002, regardless of whether
28		that withdrawal takes place before the effective date of that
29		this amendatory Act. In the case of a person who withdraws from
30		service on or after January 1, 2002 but begins to receive a
31		retirement annuity before July 1, 2002 the effective date of
32		this amendatory Act, the annuity shall be recalculated, with
33		the increase resulting from Public this amendatory Act 92-609
34		accruing from the date the retirement annuity began. The
35		changes made by Public Act 92-609 control over the changes made
36		by Public Act 92-599, as provided in Section 95 of P.A. 92-609.

1		(i) The amendatory provisions of this amendatory Act of
2		1985 relating to the discount of annuity because of retirement
3		prior to attainment of age 60 and increasing the retirement
4		formula for those born before January 1, 1936, shall apply only
5		to qualifying employees withdrawing on or after August 16,
6		1985.
7		(j) Beginning on January 1, 1999, the minimum amount of
8		employee's annuity shall be $850 per month for life for the
9		following classes of employees, without regard to the fact that
10		withdrawal occurred prior to the effective date of this
11		amendatory Act of 1998:
12		(1) any employee annuitant alive and receiving a life
13		annuity on the effective date of this amendatory Act of
14		1998, except a reciprocal annuity;
15		(2) any employee annuitant alive and receiving a term
16		annuity on the effective date of this amendatory Act of
17		1998, except a reciprocal annuity;
18		(3) any employee annuitant alive and receiving a
19		reciprocal annuity on the effective date of this amendatory
20		Act of 1998, whose service in this fund is at least 5
21		years;
22		(4) any employee annuitant withdrawing after age 60 on
23		or after the effective date of this amendatory Act of 1998,
24		with at least 10 years of service in this fund.
25		The increases granted under items (1), (2) and (3) of this
26		subsection (j) shall not be limited by any other Section of
27		this Act.
28		(Source: P.A. 92-599, eff. 6-28-02; 92-609, eff. 7-1-02;
29		revised 9-11-02.)
30		(40 ILCS 5/14-103.04) (from Ch. 108 1/2, par. 14-103.04)
31		Sec. 14-103.04. Department. "Department": Any department,
32		institution, board, commission, officer, court, or any agency
33		of the State having power to certify payrolls to the State
34		Comptroller authorizing payments of salary or wages against
35		State appropriations, or against trust funds held by the State

1		Treasurer, except those departments included under the term
2		"employer" in the State Universities Retirement System.
3		"Department" includes the Illinois Finance Authority.
4		"Department" also includes the Illinois Comprehensive Health
5		Insurance Board and the Illinois Finance Authority.
6		(Source: P.A. 93-205 (Sections 890-11 and 890-44), eff. 1-1-04;
7		revised 9-23-03.)
8		(40 ILCS 5/16-150) (from Ch. 108 1/2, par. 16-150)
9		Sec. 16-150. Re-entry.
10		(a) This Section does not apply to an annuitant who returns
11		to teaching under the program established in Section 16-150.1,
12		for the duration of his or her participation in that program.
13		(b) If an annuitant under this System is again employed as
14		a teacher for an aggregate period exceeding that permitted by
15		Section 16-118, his or her retirement annuity shall be
16		terminated and the annuitant shall thereupon be regarded as an
17		active member.
18		Such annuitant is not entitled to a recomputation of his or
19		her retirement annuity unless at least one full year of
20		creditable service is rendered after the latest re-entry into
21		service and the annuitant must have rendered at least 3 years
22		of creditable service after last re-entry into service to
23		qualify for a recomputation of the retirement annuity based on
24		amendments enacted while in receipt of a retirement annuity,
25		except when retirement was due to disability.
26		However, regardless of age, an annuitant in receipt of a
27		retirement annuity may be given temporary employment by a
28		school board not exceeding that permitted under Section 16-118
29		and continue to receive the retirement annuity.
30		(c) Unless retirement was necessitated by disability, a
31		retirement shall be considered cancelled and the retirement
32		allowance must be repaid in full if the annuitant is employed
33		as a teacher within the school year during which service was
34		terminated.
35		(d) An annuitant's retirement which does not include a

1		period of at least one full and complete school year shall be
2		considered cancelled and the retirement annuity must be repaid
3		in full unless such retirement was necessitated by disability.
4		(Source: P.A. 93-320, eff. 7-23-03; 93-469, eff. 8-8-03;
5		revised 9-11-03.)
6		(40 ILCS 5/16-182) (from Ch. 108 1/2, par. 16-182)
7		Sec. 16-182. Members' Contribution Reserve. (a) On July 1,
8		2003, the Members' Contribution Reserve is abolished and the
9		remaining balance shall be transferred from that Reserve to the
10		Benefit Trust Reserve.
11		(Source: P.A. 93-469, eff. 8-8-03; revised 10-9-03.)

12		Section 180. The Bi-State Development Agency Act is amended
13		by changing Section 3 as follows:
14		(45 ILCS 105/3) (from Ch. 127, par. 63s-3)
15		(Text of Section before amendment by P.A. 93-432)
16		Sec. 3. Vacancies occurring in the office of any
17		commissioner shall be filled by appointment by the Governor, by
18		and with the advice and consent of the Senate, for the
19		unexpired term. In any case of vacancy, while the Senate is not
20		in session, the Governor shall make a temporary appointment
21		until the next meeting of the Senate, when he shall nominate
22		some person to fill such office.
23		(Source: Laws 1949, p. 448.)
24		(Text of Section after amendment by P.A. 93-432)
25		Sec. 3. Vacancies occurring in the office of any
26		commissioner shall be filled by appointment by the Chairman of
27		the County Board that made the original appointment of that
28		commissioner, with the advice and consent of the respective
29		county board, for the unexpired term. Any vacancies occurring
30		during the transition for the implementation of this amendatory
31		Act of the 93rd General Assembly that were appointed by the
32		Governor, and not by the respective County Board Chairmen,

1		shall be filled by the appointment by the County Board Chairman
2		of Madison County if occurring in the years 2004, 2006, or 2008
3		or by the County Board Chairman of St. Clair County if
4		occurring in the years 2005 or 2007, each with the advice and
5		consent of the respective county board..
6		(Source: P.A. 93-432, eff. 6-1-04; revised 10-9-03.)

7		Section 185. The Interstate Compact for Adult Offender
8		Supervision is amended by setting forth and renumbering
9		multiple versions of Section 110 as follows:
10		(45 ILCS 170/110)
11		Sec. 110. (Amendatory provisions; text omitted.)
12		(Source: P.A. 92-571, eff. 6-26-02; text omitted.)
13		(45 ILCS 170/115)
14		Sec. 115. 110. The Unified Code of Corrections is amended
15		by repealing Section 3-3-11.
16		(Source: P.A. 92-571, eff. 6-26-02; revised 7-15-02.)

17		Section 188. The Public Works Contract Change Order Act is
18		amended by changing Section 5 as follows:
19		(50 ILCS 525/5)
20		(This Section may contain text from a Public Act with a
21		delayed effective date)
22		Sec. 5. Change orders; bidding. If a change order for any
23		public works contract (i) is entered into by a unit of local
24		government or school district, (ii) is not procured in
25		accordance with the Illinois Procurement Code and the State
26		Finance Act, and (iii) authorizes or necessitates any increase
27		in the contract price that is 50% or more of the original
28		contract price, then the portion of the contract that is
29		covered by the change order must be resubmitted for bidding in
30		the same manner for which the original contract was bid.
31		Bidding for the portion of the contract covered by the change

1		order is subject to any requirements to employ females and
2		minorities on the public works project that existed at the
3		bidding for the original contract, together with any later
4		requirements imposed by law.
5		(Source: P.A. 93-656, eff. 6-1-04; revised 1-22-04.)

6		Section 190. The Emergency Telephone System Act is amended
7		by changing Section 15.3 as follows:
8		(50 ILCS 750/15.3) (from Ch. 134, par. 45.3)
9		Sec. 15.3. Surcharge.
10		(a) The corporate authorities of any municipality or any
11		county may, subject to the limitations of subsections (c), (d),
12		and (h), and in addition to any tax levied pursuant to the
13		Simplified Municipal Telecommunications Tax Act, impose a
14		monthly surcharge on billed subscribers of network connection
15		provided by telecommunication carriers engaged in the business
16		of transmitting messages by means of electricity originating
17		within the corporate limits of the municipality or county
18		imposing the surcharge at a rate per network connection
19		determined in accordance with subsection (c). Provided,
20		however, that where multiple voice grade communications
21		channels are connected between the subscriber's premises and a
22		public switched network through private branch exchange (PBX)
23		or centrex type service, a municipality imposing a surcharge at
24		a rate per network connection, as determined in accordance with
25		this Act, shall impose 5 such surcharges per network
26		connection, as determined in accordance with subsections (a)
27		and (d) of Section 2.12 of this Act. For mobile
28		telecommunications services, if a surcharge is imposed it shall
29		be imposed based upon the municipality or county that
30		encompasses the customer's place of primary use as defined in
31		the Mobile Telecommunications Sourcing Conformity Act. A
32		municipality may enter into an intergovernmental agreement
33		with any county in which it is partially located, when the
34		county has adopted an ordinance to impose a surcharge as

1		provided in subsection (c), to include that portion of the
2		municipality lying outside the county in that county's
3		surcharge referendum. If the county's surcharge referendum is
4		approved, the portion of the municipality identified in the
5		intergovernmental agreement shall automatically be
6		disconnected from the county in which it lies and connected to
7		the county which approved the referendum for purposes of a
8		surcharge on telecommunications carriers.
9		(b) For purposes of computing the surcharge imposed by
10		subsection (a), the network connections to which the surcharge
11		shall apply shall be those in-service network connections,
12		other than those network connections assigned to the
13		municipality or county, where the service address for each such
14		network connection or connections is located within the
15		corporate limits of the municipality or county levying the
16		surcharge. Except for mobile telecommunication services, the
17		"service address" shall mean the location of the primary use of
18		the network connection or connections. For mobile
19		telecommunication services, "service address" means the
20		customer's place of primary use as defined in the Mobile
21		Telecommunications Sourcing Conformity Act. With respect to
22		network connections provided for use with pay telephone
23		services for which there is no billed subscriber, the
24		telecommunications carrier providing the network connection
25		shall be deemed to be its own billed subscriber for purposes of
26		applying the surcharge.
27		(c) Upon the passage of an ordinance to impose a surcharge
28		under this Section the clerk of the municipality or county
29		shall certify the question of whether the surcharge may be
30		imposed to the proper election authority who shall submit the
31		public question to the electors of the municipality or county
32		in accordance with the general election law; provided that such
33		question shall not be submitted at a consolidated primary
34		election. The public question shall be in substantially the
35		following form:
36		-------------------------------------------------------------

1		Shall the county (or city, village
2		or incorporated town) of ..... impose YES
3		a surcharge of up to ...¢ per month per
4		network connection, which surcharge will
5		be added to the monthly bill you receive ------------------
6		for telephone or telecommunications
7		charges, for the purpose of installing
8		(or improving) a 9-1-1 Emergency NO
9		Telephone System?
10		-------------------------------------------------------------
11		If a majority of the votes cast upon the public question
12		are in favor thereof, the surcharge shall be imposed.
13		However, if a Joint Emergency Telephone System Board is to
14		be created pursuant to an intergovernmental agreement under
15		Section 15.4, the ordinance to impose the surcharge shall be
16		subject to the approval of a majority of the total number of
17		votes cast upon the public question by the electors of all of
18		the municipalities or counties, or combination thereof, that
19		are parties to the intergovernmental agreement.
20		The referendum requirement of this subsection (c) shall not
21		apply to any municipality with a population over 500,000 or to
22		any county in which a proposition as to whether a sophisticated
23		9-1-1 Emergency Telephone System should be installed in the
24		county, at a cost not to exceed a specified monthly amount per
25		network connection, has previously been approved by a majority
26		of the electors of the county voting on the proposition at an
27		election conducted before the effective date of this amendatory
28		Act of 1987.
29		(d) A county may not impose a surcharge, unless requested
30		by a municipality, in any incorporated area which has
31		previously approved a surcharge as provided in subsection (c)
32		or in any incorporated area where the corporate authorities of
33		the municipality have previously entered into a binding
34		contract or letter of intent with a telecommunications carrier
35		to provide sophisticated 9-1-1 service through municipal
36		funds.

1		(e) A municipality or county may at any time by ordinance
2		change the rate of the surcharge imposed under this Section if
3		the new rate does not exceed the rate specified in the
4		referendum held pursuant to subsection (c).
5		(f) The surcharge authorized by this Section shall be
6		collected from the subscriber by the telecommunications
7		carrier providing the subscriber the network connection as a
8		separately stated item on the subscriber's bill.
9		(g) The amount of surcharge collected by the
10		telecommunications carrier shall be paid to the particular
11		municipality or county or Joint Emergency Telephone System
12		Board not later than 30 days after the surcharge is collected,
13		net of any network or other 9-1-1 or sophisticated 9-1-1 system
14		charges then due the particular telecommunications carrier, as
15		shown on an itemized bill. The telecommunications carrier
16		collecting the surcharge shall also be entitled to deduct 3% of
17		the gross amount of surcharge collected to reimburse the
18		telecommunications carrier for the expense of accounting and
19		collecting the surcharge.
20		(h) Except as expressly provided in subsection (a) of this
21		Section, a municipality with a population over 500,000 may not
22		impose a monthly surcharge in excess of $1.25 per network
23		connection.
24		(i) Any municipality or county or joint emergency telephone
25		system board that has imposed a surcharge pursuant to this
26		Section prior to the effective date of this amendatory Act of
27		1990 shall hereafter impose the surcharge in accordance with
28		subsection (b) of this Section.
29		(j) The corporate authorities of any municipality or county
30		may issue, in accordance with Illinois law, bonds, notes or
31		other obligations secured in whole or in part by the proceeds
32		of the surcharge described in this Section. Notwithstanding any
33		change in law subsequent to the issuance of any bonds, notes or
34		other obligations secured by the surcharge, every municipality
35		or county issuing such bonds, notes or other obligations shall
36		be authorized to impose the surcharge as though the laws

1		relating to the imposition of the surcharge in effect at the
2		time of issuance of the bonds, notes or other obligations were
3		in full force and effect until the bonds, notes or other
4		obligations are paid in full. The State of Illinois pledges and
5		agrees that it will not limit or alter the rights and powers
6		vested in municipalities and counties by this Section to impose
7		the surcharge so as to impair the terms of or affect the
8		security for bonds, notes or other obligations secured in whole
9		or in part with the proceeds of the surcharge described in this
10		Section.
11		(k) Any surcharge collected by or imposed on a
12		telecommunications carrier pursuant to this Section shall be
13		held to be a special fund in trust for the municipality, county
14		or Joint Emergency Telephone Board imposing the surcharge.
15		Except for the 3% deduction provided in subsection (g) above,
16		the special fund shall not be subject to the claims of
17		creditors of the telecommunication carrier.
18		(Source: P.A. 92-474, eff. 8-1-02; 92-526, eff. 1-1-03; 92-557,
19		eff. 1-1-03; revised 10-2-02.)

20		Section 195. The Counties Code is amended by changing
21		Section 5-1022 as follows:
22		(55 ILCS 5/5-1022) (from Ch. 34, par. 5-1022)
23		Sec. 5-1022. Competitive bids.
24		(a) Any purchase by a county with fewer than 2,000,000
25		inhabitants of services, materials, equipment or supplies in
26		excess of $20,000, other than professional services, shall be
27		contracted for in one of the following ways:
28		(1) by a contract let to the lowest responsible bidder
29		after advertising for bids in a newspaper published within
30		the county or, if no newspaper is published within the
31		county, then a newspaper having general circulation within
32		the county; or
33		(2) by a contract let without advertising for bids in
34		the case of an emergency if authorized by the county board.

1		(b) In determining the lowest responsible bidder, the
2		county board shall take into consideration the qualities of the
3		articles supplied; their conformity with the specifications;
4		their suitability to the requirements of the county,
5		availability of support services; uniqueness of the service,
6		materials, equipment, or supplies as it applies to networked,
7		integrated computer systems; compatibility to existing
8		equipment; and the delivery terms. The county board also may
9		take into consideration whether a bidder is a private
10		enterprise or a State-controlled enterprise and,
11		notwithstanding any other provision of this Section or a lower
12		bid by a State-controlled enterprise, may let a contract to the
13		lowest responsible bidder that is a private enterprise.
14		(c) This Section does not apply to contracts by a county
15		with the federal government or to purchases of used equipment,
16		purchases at auction or similar transactions which by their
17		very nature are not suitable to competitive bids, pursuant to
18		an ordinance adopted by the county board.
19		(d) Notwithstanding the provisions of this Section, a
20		county may let without advertising for bids in the case of
21		purchases and contracts, when individual orders do not exceed
22		$25,000, for the use, purchase, delivery, movement, or
23		installation of data processing equipment, software, or
24		services and telecommunications and inter-connect equipment,
25		software, and services.
26		(e) A county may require, as a condition of any contract
27		for goods and services, that persons awarded a contract with
28		the county and all affiliates of the person collect and remit
29		Illinois Use Tax on all sales of tangible personal property
30		into the State of Illinois in accordance with the provisions of
31		the Illinois Use Tax Act regardless of whether the person or
32		affiliate is a "retailer maintaining a place of business within
33		this State" as defined in Section 2 of the Use Tax Act. For
34		purposes of this subsection (e), the term "affiliate" means any
35		entity that (1) directly, indirectly, or constructively
36		controls another entity, (2) is directly, indirectly, or

1		constructively controlled by another entity, or (3) is subject
2		to the control of a common entity. For purposes of this
3		subsection (e), an entity controls another entity if it owns,
4		directly or individually, more than 10% of the voting
5		securities of that entity. As used in this subsection (e), the
6		term "voting security" means a security that (1) confers upon
7		the holder the right to vote for the election of members of the
8		board of directors or similar governing body of the business or
9		(2) is convertible into, or entitles the holder to receive upon
10		its exercise, a security that confers such a right to vote. A
11		general partnership interest is a voting security.
12		(f) Bids submitted to, and contracts executed by, the
13		county may require a certification by the bidder or contractor
14		that the bidder or contractor is not barred from bidding for or
15		entering into a contract under this Section and that the bidder
16		or contractor acknowledges that the county may declare the
17		contract void if the certification completed pursuant to this
18		subsection (f) is false.
19		(Source: P.A. 93-25, eff. 6-20-03; 93-157, eff. 1-1-04; revised
20		8-12-03.)

21		Section 200. The Township Code is amended by changing
22		Section 235-20 and by setting forth and renumbering multiple
23		versions of Sections 30-166 and 85-50 as follows:
24		(60 ILCS 1/30-166)
25		Sec. 30-166. Civil penalties for false fire alarms. The
26		township board of any township providing fire protection
27		services may impose reasonable civil penalties on individuals
28		who repeatedly cause false fire alarms.
29		(Source: P.A. 93-302, eff. 1-1-04.)
30		(60 ILCS 1/30-167)
31		Sec. 30-167 30-166. Charge against non-residents.
32		(a) The township board of each township may fix, charge,
33		and collect fees not exceeding the reasonable cost of the

1		service for all services rendered by the township against
2		persons, businesses, and other entities who are not residents
3		of the township.
4		(b) The charge may not be assessed against residents of the
5		township or persons who request fire protection coverage for an
6		unprotected area and who pay to the township an amount equal to
7		the township's fire protection tax under Article 200 of this
8		Code.
9		(c) The charge for such services shall be computed at a
10		rate not to exceed $125 per hour per vehicle and not to exceed
11		$35 per hour per firefighter responding to a call for
12		assistance. An additional charge may be levied to reimburse the
13		township for extraordinary expenses of materials used in
14		rendering such services. No charge shall be made for services
15		for which the total charge would be less than $50.
16		(d) All revenue from the charges assessed pursuant to this
17		Section shall be deposited into the general fund of the
18		township.
19		(Source: P.A. 93-304, eff. 7-23-03; revised 9-24-03.)
20		(60 ILCS 1/85-50)
21		Sec. 85-50. Demolition, repair, or enclosure of buildings.
22		(a) The township board of any township may formally request
23		the county board to commence specified proceedings with respect
24		to property located within the township but outside the
25		territory of any municipality as provided in Section 5-1121 of
26		the Counties Code. If the county board declines the request as
27		provided in Section 5-1121 of the Counties Code, the township
28		may exercise its powers under this Section.
29		(b) The township board of each township may demolish,
30		repair, or enclose or cause the demolition, repair, or
31		enclosure of dangerous and unsafe buildings or uncompleted and
32		abandoned buildings within the territory of the township and
33		may remove or cause the removal of garbage, debris, and other
34		hazardous, noxious, or unhealthy substances or materials from
35		those buildings.

1		The township board shall apply to the circuit court of the
2		county in which the building is located (i) for an order
3		authorizing action to be taken with respect to a building if
4		the owner or owners of the building, including the lien holders
5		of record, after at least 15 days' written notice by mail to do
6		so, have failed to commence proceedings to put the building in
7		a safe condition or to demolish it or (ii) for an order
8		requiring the owner or owners of record to demolish, repair, or
9		enclose the building or to remove garbage, debris, and other
10		hazardous, noxious, or unhealthy substances or materials from
11		the building. It is not a defense to the cause of action that
12		the building is boarded up or otherwise enclosed, although the
13		court may order the defendant to have the building boarded up
14		or otherwise enclosed. Where, upon diligent search, the
15		identity or whereabouts of the owner or owners of the building,
16		including the lien holders of record, is not ascertainable,
17		notice mailed to the person or persons in whose name the real
18		estate was last assessed and the posting of the notice upon the
19		premises sought to be demolished or repaired is sufficient
20		notice under this Section.
21		The hearing upon the application to the circuit court shall
22		be expedited by the court and shall be given precedence over
23		all other suits.
24		The cost of the demolition, repair, enclosure, or removal
25		incurred by the township, by an intervenor, or by a lien holder
26		of record, including court costs, attorney's fees, and other
27		costs related to the enforcement of this Section, is
28		recoverable from the owner or owners of the real estate or the
29		previous owner or both if the property was transferred during
30		the 15-day notice period and is a lien on the real estate if,
31		within 180 days after the repair, demolition, enclosure, or
32		removal, the township, the lien holder of record, or the
33		intervenor who incurred the cost and expense shall file a
34		notice of lien for the cost and expense incurred in the office
35		of the recorder in the county in which the real estate is
36		located or in the office of the registrar of titles of the

1		county if the real estate affected is registered under the
2		Registered Titles (Torrens) Act. The lien becomes effective at
3		the time of filing.
4		The notice must consist of a sworn statement setting out
5		(1) a description of the real estate sufficient for its
6		identification, (2) the amount of money representing the cost
7		and expense incurred, and (3) the date or dates when the cost
8		and expense was incurred by the township, the lien holder of
9		record, or the intervenor. Upon payment of the cost and expense
10		by the owner of or persons interested in the property after the
11		notice of lien has been filed, the lien shall be released by
12		the township, the person in whose name the lien has been filed,
13		or the assignee of the lien, and the release may be filed of
14		record as in the case of filing notice of lien. Unless the lien
15		is enforced under subsection (c), the lien may be enforced by
16		foreclosure proceedings as in the case of mortgage foreclosures
17		under Article XV of the Code of Civil Procedure or mechanics'
18		lien foreclosures. An action to foreclose this lien may be
19		commenced at any time after the date of filing of the notice of
20		lien. The costs of foreclosure incurred by the township,
21		including court costs, reasonable attorney's fees, advances to
22		preserve the property, and other costs related to the
23		enforcement of this subsection, plus statutory interest, are a
24		lien on the real estate and are recoverable by the township
25		from the owner or owners of the real estate.
26		All liens arising under this subsection (b) shall be
27		assignable. The assignee of the lien shall have the same power
28		to enforce the lien as the assigning party, except that the
29		lien may not be enforced under subsection (c).
30		(c) In any case where a township has obtained a lien under
31		subsection (b), the township may enforce the lien under this
32		subsection (c) in the same proceeding in which the lien is
33		authorized.
34		A township desiring to enforce a lien under this subsection
35		(c) shall petition the court to retain jurisdiction for
36		foreclosure proceedings under this subsection. Notice of the

1		petition shall be served, by certified or registered mail, on
2		all persons who were served notice under subsection (b). The
3		court shall conduct a hearing on the petition not less than 15
4		days after the notice is served. If the court determines that
5		the requirements of this subsection (c) have been satisfied, it
6		shall grant the petition and retain jurisdiction over the
7		matter until the foreclosure proceeding is completed. The costs
8		of foreclosure incurred by the township, including court costs,
9		reasonable attorneys' fees, advances to preserve the property,
10		and other costs related to the enforcement of this subsection,
11		plus statutory interest, are a lien on the real estate and are
12		recoverable by the township from the owner or owners of the
13		real estate. If the court denies the petition, the township may
14		enforce the lien in a separate action as provided in subsection
15		(b).
16		All persons designated in Section 15-1501 of the Code of
17		Civil Procedure as necessary parties in a mortgage foreclosure
18		action shall be joined as parties before issuance of an order
19		of foreclosure. Persons designated in Section 15-1501 of the
20		Code of Civil Procedure as permissible parties may also be
21		joined as parties in the action.
22		The provisions of Article XV of the Code of Civil Procedure
23		applicable to mortgage foreclosures shall apply to the
24		foreclosure of a lien under this subsection (c), except to the
25		extent that those provisions are inconsistent with this
26		subsection. For purposes of foreclosures of liens under this
27		subsection, however, the redemption period described in
28		subsection (c) of Section 15-1603 of the Code of Civil
29		Procedure shall end 60 days after the date of entry of the
30		order of foreclosure.
31		(d) In addition to any other remedy provided by law, the
32		township board of any township may petition the circuit court
33		to have property declared abandoned under this subsection (d)
34		if:
35		(1) the property has been tax delinquent for 2 or more
36		years or bills for water service for the property have been

1		outstanding for 2 or more years;
2		(2) the property is unoccupied by persons legally in
3		possession; and
4		(3) the property contains a dangerous or unsafe
5		building.
6		All persons having an interest of record in the property,
7		including tax purchasers and beneficial owners of any Illinois
8		land trust having title to the property, shall be named as
9		defendants in the petition and shall be served with process. In
10		addition, service shall be had under Section 2-206 of the Code
11		of Civil Procedure as in other cases affecting property.
12		The township, however, may proceed under this subsection in
13		a proceeding brought under subsection (b). Notice of the
14		petition shall be served by certified or registered mail on all
15		persons who were served notice under subsection (b).
16		If the township proves that the conditions described in
17		this subsection exist and the owner of record of the property
18		does not enter an appearance in the action, or, if title to the
19		property is held by an Illinois land trust, if neither the
20		owner of record nor the owner of the beneficial interest of the
21		trust enters an appearance, the court shall declare the
22		property abandoned.
23		If that determination is made, notice shall be sent by
24		certified or registered mail to all persons having an interest
25		of record in the property, including tax purchasers and
26		beneficial owners of any Illinois land trust having title to
27		the property, stating that title to the property will be
28		transferred to the township unless, within 30 days of the
29		notice, the owner of record enters an appearance in the action,
30		or unless any other person having an interest in the property
31		files with the court a request to demolish the dangerous or
32		unsafe building or to put the building in safe condition.
33		If the owner of record enters an appearance in the action
34		within the 30-day period, the court shall vacate its order
35		declaring the property abandoned. In that case, the township
36		may amend its complaint in order to initiate proceedings under

1		subsection (b).
2		If a request to demolish or repair the building is filed
3		within the 30-day period, the court shall grant permission to
4		the requesting party to demolish the building within 30 days or
5		to restore the building to safe condition within 60 days after
6		the request is granted. An extension of that period for up to
7		60 additional days may be given for good cause. If more than
8		one person with an interest in the property files a timely
9		request, preference shall be given to the person with the lien
10		or other interest of the highest priority.
11		If the requesting party proves to the court that the
12		building has been demolished or put in a safe condition within
13		the period of time granted by the court, the court shall issue
14		a quitclaim judicial deed for the property to the requesting
15		party, conveying only the interest of the owner of record, upon
16		proof of payment to the township of all costs incurred by the
17		township in connection with the action, including but not
18		limited to court costs, attorney's fees, administrative costs,
19		the costs, if any, associated with building enclosure or
20		removal, and receiver's certificates. The interest in the
21		property so conveyed shall be subject to all liens and
22		encumbrances on the property. In addition, if the interest is
23		conveyed to a person holding a certificate of purchase for the
24		property under the Property Tax Code, the conveyance shall be
25		subject to the rights of redemption of all persons entitled to
26		redeem under that Act, including the original owner of record.
27		If no person with an interest in the property files a
28		timely request or if the requesting party fails to demolish the
29		building or put the building in safe condition within the time
30		specified by the court, the township may petition the court to
31		issue a judicial deed for the property to the county. A
32		conveyance by judicial deed shall operate to extinguish all
33		existing ownership interests in, liens on, and other interest
34		in the property, including tax liens.
35		(e) This Section applies only to requests made by townships
36		under subsection (a) before January 1, 2006 and proceedings to

1		implement or enforce this Section with respect to matters
2		related to or arising from those requests.
3		(Source: P.A. 92-347, eff. 8-15-01.)
4		(60 ILCS 1/85-55)
5		Sec. 85-55 85-50. Horse-drawn vehicles. The township board
6		may, by ordinance, license and regulate horse-drawn vehicles
7		operating within the township. The ordinance may also (i)
8		prescribe regulations for the safe operation of horse-drawn
9		vehicles and (ii) require the examination of persons operating
10		a horse-drawn vehicle. Any annual fee charged for a license to
11		operate a horse-drawn vehicle may not exceed $50. Any fees
12		charged for a license to operate a horse-drawn vehicle within
13		the township must be used for the improvement of township
14		roads.
15		For the purposes of this Section, "horse-drawn vehicle"
16		means any vehicle powered by any animal of the equine family.
17		(Source: P.A. 92-613, eff. 1-1-03; revised 8-26-02.)
18		(60 ILCS 1/235-20)
19		Sec. 235-20. General assistance tax.
20		(a) The township board may raise money by taxation deemed
21		necessary to be expended to provide general assistance in the
22		township to persons needing that assistance as provided in the
23		Illinois Public Aid Code, including persons eligible for
24		assistance under the Military Veterans Assistance Act, where
25		that duty is provided by law. The tax for each fiscal year
26		shall not be more than 0.10% of value, or more than an amount
27		approved at a referendum held under this Section, as equalized
28		or assessed by the Department of Revenue, and shall in no case
29		exceed the amount needed in the township for general
30		assistance. The board may decrease the maximum tax rate by
31		ordinance.
32		(b) Except as otherwise provided in this subsection, if the
33		board desires to increase the maximum tax rate, it shall order
34		a referendum on that proposition to be held at an election in

1		accordance with the general election law. The board shall
2		certify the proposition to the proper election officials, who
3		shall submit the proposition to the voters at an election in
4		accordance with the general election law. If a majority of the
5		votes cast on the proposition is in favor of the proposition,
6		the board may annually levy the tax at a rate not exceeding the
7		higher rate approved by the voters at the election. If,
8		however, the board has decreased the maximum tax rate under
9		subsection (a), then it may, at any time after the decrease,
10		increase the maximum tax rate, by ordinance, to a rate less
11		than or equal to the maximum tax rate immediately prior to the
12		board's ordinance to decrease the rate.
13		(c) If a city, village, or incorporated town having a
14		population of more than 500,000 is located within or partially
15		within a township, then the entire amount of the tax levied by
16		the township for the purpose of providing general assistance
17		under this Section on property lying within that city, village,
18		or incorporated town, less the amount allowed for collecting
19		the tax, shall be paid over by the treasurer of the township to
20		the treasurer of the city, village, or incorporated town to be
21		appropriated and used by the city, village, or incorporated
22		town for the relief and support of persons needing general
23		assistance residing in that portion of the city, village, or
24		incorporated town located within the township in accordance
25		with the Illinois Public Aid Code.
26		(d) Any taxes levied for general assistance before or after
27		this Section takes effect may also be used for the payment of
28		warrants issued against and in anticipation of those taxes and
29		accrued interest on those warrants and may also be used to pay
30		the cost of administering that assistance.
31		(e) In any township with a population of less than 500,000
32		that receives no State funding for the general assistance
33		program and that has not issued anticipation warrants or
34		otherwise borrowed monies for the administration of the general
35		assistance program during the township's previous 3 fiscal
36		years of operation, a one time transfer of monies from the

1		township's general assistance fund may be made to the general
2		township fund pursuant to action by the township board. This
3		transfer may occur only to the extent that the amount of monies
4		remaining in the general assistance fund after the transfer is
5		equal to the greater of (i) the amount of the township's
6		expenditures in the previous fiscal year for general assistance
7		or (ii) an amount equal to either 0.10% of the last known total
8		equalized value of all taxable property in the township, or
9		100% of the highest amount levied for general assistance
10		purposes in any of the three previous fiscal years. The
11		transfer shall be completed no later than one year after the
12		effective date of this amendatory Act of the 92nd General
13		Assembly. No township that has certified a new levy or an
14		increase in the levy under this Section during calendar year
15		2002 may transfer monies under this subsection. No action on
16		the transfer of monies under this subsection shall be taken by
17		the township board except at a township board meeting. No
18		monies transferred under this subsection shall be considered in
19		determining whether the township qualifies for State funds to
20		supplement local funds for public aid purposes under Section
21		12-21.13 of the Illinois Public Aid Code.
22		(Source: P.A. 92-558, eff. 6-24-02; 92-718, eff. 7-25-02;
23		revised 9-9-02.)

24		Section 205. The Illinois Municipal Code is amended by
25		changing Sections 8-11-1.2, 11-31-1, and 11-124-1 as follows:
26		(65 ILCS 5/8-11-1.2) (from Ch. 24, par. 8-11-1.2)
27		Sec. 8-11-1.2. Definition. As used in Sections 8-11-1.3,
28		8-11-1.4 and 8-11-1.5 of this Act:
29		(a) "Public infrastructure" means municipal roads and
30		streets, access roads, bridges, and sidewalks; waste disposal
31		systems; and water and sewer line extensions, water
32		distribution and purification facilities, storm water drainage
33		and retention facilities, and sewage treatment facilities. For
34		purposes of referenda authorizing the imposition of taxes by

1		the City of DuQuoin under Sections 8-11-1.3, 8-11-1.4, and
2		8-11-1.5 of this Act that are approved in November, 2002,
3		"public infrastructure" shall also include public schools.
4		(b) "Property tax relief" means the action of a
5		municipality to reduce the levy for real estate taxes or avoid
6		an increase in the levy for real estate taxes that would
7		otherwise have been required. Property tax relief or the
8		avoidance of property tax must uniformly apply to all classes
9		of property.
10		(Source: P.A. 91-51, eff. 6-30-99; 92-739, eff. 1-1-03; 92-815,
11		eff. 8-21-02; revised 9-10-02.)
12		(65 ILCS 5/11-31-1) (from Ch. 24, par. 11-31-1)
13		Sec. 11-31-1. Demolition, repair, enclosure, or
14		remediation.
15		(a) The corporate authorities of each municipality may
16		demolish, repair, or enclose or cause the demolition, repair,
17		or enclosure of dangerous and unsafe buildings or uncompleted
18		and abandoned buildings within the territory of the
19		municipality and may remove or cause the removal of garbage,
20		debris, and other hazardous, noxious, or unhealthy substances
21		or materials from those buildings. In any county having adopted
22		by referendum or otherwise a county health department as
23		provided by Division 5-25 of the Counties Code or its
24		predecessor, the county board of that county may exercise those
25		powers with regard to dangerous and unsafe buildings or
26		uncompleted and abandoned buildings within the territory of any
27		city, village, or incorporated town having less than 50,000
28		population.
29		The corporate authorities shall apply to the circuit court
30		of the county in which the building is located (i) for an order
31		authorizing action to be taken with respect to a building if
32		the owner or owners of the building, including the lien holders
33		of record, after at least 15 days' written notice by mail so to
34		do, have failed to put the building in a safe condition or to
35		demolish it or (ii) for an order requiring the owner or owners

1		of record to demolish, repair, or enclose the building or to
2		remove garbage, debris, and other hazardous, noxious, or
3		unhealthy substances or materials from the building. It is not
4		a defense to the cause of action that the building is boarded
5		up or otherwise enclosed, although the court may order the
6		defendant to have the building boarded up or otherwise
7		enclosed. Where, upon diligent search, the identity or
8		whereabouts of the owner or owners of the building, including
9		the lien holders of record, is not ascertainable, notice mailed
10		to the person or persons in whose name the real estate was last
11		assessed is sufficient notice under this Section.
12		The hearing upon the application to the circuit court shall
13		be expedited by the court and shall be given precedence over
14		all other suits. Any person entitled to bring an action under
15		subsection (b) shall have the right to intervene in an action
16		brought under this Section.
17		The cost of the demolition, repair, enclosure, or removal
18		incurred by the municipality, by an intervenor, or by a lien
19		holder of record, including court costs, attorney's fees, and
20		other costs related to the enforcement of this Section, is
21		recoverable from the owner or owners of the real estate or the
22		previous owner or both if the property was transferred during
23		the 15 day notice period and is a lien on the real estate; the
24		lien is superior to all prior existing liens and encumbrances,
25		except taxes, if, within 180 days after the repair, demolition,
26		enclosure, or removal, the municipality, the lien holder of
27		record, or the intervenor who incurred the cost and expense
28		shall file a notice of lien for the cost and expense incurred
29		in the office of the recorder in the county in which the real
30		estate is located or in the office of the registrar of titles
31		of the county if the real estate affected is registered under
32		the Registered Titles (Torrens) Act.
33		The notice must consist of a sworn statement setting out
34		(1) a description of the real estate sufficient for its
35		identification, (2) the amount of money representing the cost
36		and expense incurred, and (3) the date or dates when the cost

1		and expense was incurred by the municipality, the lien holder
2		of record, or the intervenor. Upon payment of the cost and
3		expense by the owner of or persons interested in the property
4		after the notice of lien has been filed, the lien shall be
5		released by the municipality, the person in whose name the lien
6		has been filed, or the assignee of the lien, and the release
7		may be filed of record as in the case of filing notice of lien.
8		Unless the lien is enforced under subsection (c), the lien may
9		be enforced by foreclosure proceedings as in the case of
10		mortgage foreclosures under Article XV of the Code of Civil
11		Procedure or mechanics' lien foreclosures. An action to
12		foreclose this lien may be commenced at any time after the date
13		of filing of the notice of lien. The costs of foreclosure
14		incurred by the municipality, including court costs,
15		reasonable attorney's fees, advances to preserve the property,
16		and other costs related to the enforcement of this subsection,
17		plus statutory interest, are a lien on the real estate and are
18		recoverable by the municipality from the owner or owners of the
19		real estate.
20		All liens arising under this subsection (a) shall be
21		assignable. The assignee of the lien shall have the same power
22		to enforce the lien as the assigning party, except that the
23		lien may not be enforced under subsection (c).
24		If the appropriate official of any municipality determines
25		that any dangerous and unsafe building or uncompleted and
26		abandoned building within its territory fulfills the
27		requirements for an action by the municipality under the
28		Abandoned Housing Rehabilitation Act, the municipality may
29		petition under that Act in a proceeding brought under this
30		subsection.
31		(b) Any owner or tenant of real property within 1200 feet
32		in any direction of any dangerous or unsafe building located
33		within the territory of a municipality with a population of
34		500,000 or more may file with the appropriate municipal
35		authority a request that the municipality apply to the circuit
36		court of the county in which the building is located for an

1		order permitting the demolition, removal of garbage, debris,
2		and other noxious or unhealthy substances and materials from,
3		or repair or enclosure of the building in the manner prescribed
4		in subsection (a) of this Section. If the municipality fails to
5		institute an action in circuit court within 90 days after the
6		filing of the request, the owner or tenant of real property
7		within 1200 feet in any direction of the building may institute
8		an action in circuit court seeking an order compelling the
9		owner or owners of record to demolish, remove garbage, debris,
10		and other noxious or unhealthy substances and materials from,
11		repair or enclose or to cause to be demolished, have garbage,
12		debris, and other noxious or unhealthy substances and materials
13		removed from, repaired, or enclosed the building in question. A
14		private owner or tenant who institutes an action under the
15		preceding sentence shall not be required to pay any fee to the
16		clerk of the circuit court. The cost of repair, removal,
17		demolition, or enclosure shall be borne by the owner or owners
18		of record of the building. In the event the owner or owners of
19		record fail to demolish, remove garbage, debris, and other
20		noxious or unhealthy substances and materials from, repair, or
21		enclose the building within 90 days of the date the court
22		entered its order, the owner or tenant who instituted the
23		action may request that the court join the municipality as a
24		party to the action. The court may order the municipality to
25		demolish, remove materials from, repair, or enclose the
26		building, or cause that action to be taken upon the request of
27		any owner or tenant who instituted the action or upon the
28		municipality's request. The municipality may file, and the
29		court may approve, a plan for rehabilitating the building in
30		question. A court order authorizing the municipality to
31		demolish, remove materials from, repair, or enclose a building,
32		or cause that action to be taken, shall not preclude the court
33		from adjudging the owner or owners of record of the building in
34		contempt of court due to the failure to comply with the order
35		to demolish, remove garbage, debris, and other noxious or
36		unhealthy substances and materials from, repair, or enclose the

1		building.
2		If a municipality or a person or persons other than the
3		owner or owners of record pay the cost of demolition, removal
4		of garbage, debris, and other noxious or unhealthy substances
5		and materials, repair, or enclosure pursuant to a court order,
6		the cost, including court costs, attorney's fees, and other
7		costs related to the enforcement of this subsection, is
8		recoverable from the owner or owners of the real estate and is
9		a lien on the real estate; the lien is superior to all prior
10		existing liens and encumbrances, except taxes, if, within 180
11		days after the repair, removal, demolition, or enclosure, the
12		municipality or the person or persons who paid the costs of
13		demolition, removal, repair, or enclosure shall file a notice
14		of lien of the cost and expense incurred in the office of the
15		recorder in the county in which the real estate is located or
16		in the office of the registrar of the county if the real estate
17		affected is registered under the Registered Titles (Torrens)
18		Act. The notice shall be in a form as is provided in subsection
19		(a). An owner or tenant who institutes an action in circuit
20		court seeking an order to compel the owner or owners of record
21		to demolish, remove materials from, repair, or enclose any
22		dangerous or unsafe building, or to cause that action to be
23		taken under this subsection may recover court costs and
24		reasonable attorney's fees for instituting the action from the
25		owner or owners of record of the building. Upon payment of the
26		costs and expenses by the owner of or a person interested in
27		the property after the notice of lien has been filed, the lien
28		shall be released by the municipality or the person in whose
29		name the lien has been filed or his or her assignee, and the
30		release may be filed of record as in the case of filing a
31		notice of lien. Unless the lien is enforced under subsection
32		(c), the lien may be enforced by foreclosure proceedings as in
33		the case of mortgage foreclosures under Article XV of the Code
34		of Civil Procedure or mechanics' lien foreclosures. An action
35		to foreclose this lien may be commenced at any time after the
36		date of filing of the notice of lien. The costs of foreclosure

1		incurred by the municipality, including court costs,
2		reasonable attorneys' fees, advances to preserve the property,
3		and other costs related to the enforcement of this subsection,
4		plus statutory interest, are a lien on the real estate and are
5		recoverable by the municipality from the owner or owners of the
6		real estate.
7		All liens arising under the terms of this subsection (b)
8		shall be assignable. The assignee of the lien shall have the
9		same power to enforce the lien as the assigning party, except
10		that the lien may not be enforced under subsection (c).
11		(c) In any case where a municipality has obtained a lien
12		under subsection (a), (b), or (f), the municipality may enforce
13		the lien under this subsection (c) in the same proceeding in
14		which the lien is authorized.
15		A municipality desiring to enforce a lien under this
16		subsection (c) shall petition the court to retain jurisdiction
17		for foreclosure proceedings under this subsection. Notice of
18		the petition shall be served, by certified or registered mail,
19		on all persons who were served notice under subsection (a),
20		(b), or (f). The court shall conduct a hearing on the petition
21		not less than 15 days after the notice is served. If the court
22		determines that the requirements of this subsection (c) have
23		been satisfied, it shall grant the petition and retain
24		jurisdiction over the matter until the foreclosure proceeding
25		is completed. The costs of foreclosure incurred by the
26		municipality, including court costs, reasonable attorneys'
27		fees, advances to preserve the property, and other costs
28		related to the enforcement of this subsection, plus statutory
29		interest, are a lien on the real estate and are recoverable by
30		the municipality from the owner or owners of the real estate.
31		If the court denies the petition, the municipality may enforce
32		the lien in a separate action as provided in subsection (a),
33		(b), or (f).
34		All persons designated in Section 15-1501 of the Code of
35		Civil Procedure as necessary parties in a mortgage foreclosure
36		action shall be joined as parties before issuance of an order

1		of foreclosure. Persons designated in Section 15-1501 of the
2		Code of Civil Procedure as permissible parties may also be
3		joined as parties in the action.
4		The provisions of Article XV of the Code of Civil Procedure
5		applicable to mortgage foreclosures shall apply to the
6		foreclosure of a lien under this subsection (c), except to the
7		extent that those provisions are inconsistent with this
8		subsection. For purposes of foreclosures of liens under this
9		subsection, however, the redemption period described in
10		subsection (b) of Section 15-1603 of the Code of Civil
11		Procedure shall end 60 days after the date of entry of the
12		order of foreclosure.
13		(d) In addition to any other remedy provided by law, the
14		corporate authorities of any municipality may petition the
15		circuit court to have property declared abandoned under this
16		subsection (d) if:
17		(1) the property has been tax delinquent for 2 or more
18		years or bills for water service for the property have been
19		outstanding for 2 or more years;
20		(2) the property is unoccupied by persons legally in
21		possession; and
22		(3) the property contains a dangerous or unsafe
23		building.
24		All persons having an interest of record in the property,
25		including tax purchasers and beneficial owners of any Illinois
26		land trust having title to the property, shall be named as
27		defendants in the petition and shall be served with process. In
28		addition, service shall be had under Section 2-206 of the Code
29		of Civil Procedure as in other cases affecting property.
30		The municipality, however, may proceed under this
31		subsection in a proceeding brought under subsection (a) or (b).
32		Notice of the petition shall be served by certified or
33		registered mail on all persons who were served notice under
34		subsection (a) or (b).
35		If the municipality proves that the conditions described in
36		this subsection exist and the owner of record of the property

1		does not enter an appearance in the action, or, if title to the
2		property is held by an Illinois land trust, if neither the
3		owner of record nor the owner of the beneficial interest of the
4		trust enters an appearance, the court shall declare the
5		property abandoned.
6		If that determination is made, notice shall be sent by
7		certified or registered mail to all persons having an interest
8		of record in the property, including tax purchasers and
9		beneficial owners of any Illinois land trust having title to
10		the property, stating that title to the property will be
11		transferred to the municipality unless, within 30 days of the
12		notice, the owner of record enters an appearance in the action,
13		or unless any other person having an interest in the property
14		files with the court a request to demolish the dangerous or
15		unsafe building or to put the building in safe condition.
16		If the owner of record enters an appearance in the action
17		within the 30 day period, the court shall vacate its order
18		declaring the property abandoned. In that case, the
19		municipality may amend its complaint in order to initiate
20		proceedings under subsection (a).
21		If a request to demolish or repair the building is filed
22		within the 30 day period, the court shall grant permission to
23		the requesting party to demolish the building within 30 days or
24		to restore the building to safe condition within 60 days after
25		the request is granted. An extension of that period for up to
26		60 additional days may be given for good cause. If more than
27		one person with an interest in the property files a timely
28		request, preference shall be given to the person with the lien
29		or other interest of the highest priority.
30		If the requesting party proves to the court that the
31		building has been demolished or put in a safe condition within
32		the period of time granted by the court, the court shall issue
33		a quitclaim judicial deed for the property to the requesting
34		party, conveying only the interest of the owner of record, upon
35		proof of payment to the municipality of all costs incurred by
36		the municipality in connection with the action, including but

1		not limited to court costs, attorney's fees, administrative
2		costs, the costs, if any, associated with building enclosure or
3		removal, and receiver's certificates. The interest in the
4		property so conveyed shall be subject to all liens and
5		encumbrances on the property. In addition, if the interest is
6		conveyed to a person holding a certificate of purchase for the
7		property under the Property Tax Code, the conveyance shall be
8		subject to the rights of redemption of all persons entitled to
9		redeem under that Act, including the original owner of record.
10		If no person with an interest in the property files a
11		timely request or if the requesting party fails to demolish the
12		building or put the building in safe condition within the time
13		specified by the court, the municipality may petition the court
14		to issue a judicial deed for the property to the municipality.
15		A conveyance by judicial deed shall operate to extinguish all
16		existing ownership interests in, liens on, and other interest
17		in the property, including tax liens, and shall extinguish the
18		rights and interests of any and all holders of a bona fide
19		certificate of purchase of the property for delinquent taxes.
20		Any such bona fide certificate of purchase holder shall be
21		entitled to a sale in error as prescribed under Section 21-310
22		of the Property Tax Code.
23		(e) Each municipality may use the provisions of this
24		subsection to expedite the removal of certain buildings that
25		are a continuing hazard to the community in which they are
26		located.
27		If a residential or commercial building is 3 stories or
28		less in height as defined by the municipality's building code,
29		and the corporate official designated to be in charge of
30		enforcing the municipality's building code determines that the
31		building is open and vacant and an immediate and continuing
32		hazard to the community in which the building is located, then
33		the official shall be authorized to post a notice not less than
34		2 feet by 2 feet in size on the front of the building. The
35		notice shall be dated as of the date of the posting and shall
36		state that unless the building is demolished, repaired, or

1		enclosed, and unless any garbage, debris, and other hazardous,
2		noxious, or unhealthy substances or materials are removed so
3		that an immediate and continuing hazard to the community no
4		longer exists, then the building may be demolished, repaired,
5		or enclosed, or any garbage, debris, and other hazardous,
6		noxious, or unhealthy substances or materials may be removed,
7		by the municipality.
8		Not later than 30 days following the posting of the notice,
9		the municipality shall do all of the following:
10		(1) Cause to be sent, by certified mail, return receipt
11		requested, a Notice to Remediate to all owners of record of
12		the property, the beneficial owners of any Illinois land
13		trust having title to the property, and all lienholders of
14		record in the property, stating the intent of the
15		municipality to demolish, repair, or enclose the building
16		or remove any garbage, debris, or other hazardous, noxious,
17		or unhealthy substances or materials if that action is not
18		taken by the owner or owners.
19		(2) Cause to be published, in a newspaper published or
20		circulated in the municipality where the building is
21		located, a notice setting forth (i) the permanent tax index
22		number and the address of the building, (ii) a statement
23		that the property is open and vacant and constitutes an
24		immediate and continuing hazard to the community, and (iii)
25		a statement that the municipality intends to demolish,
26		repair, or enclose the building or remove any garbage,
27		debris, or other hazardous, noxious, or unhealthy
28		substances or materials if the owner or owners or
29		lienholders of record fail to do so. This notice shall be
30		published for 3 consecutive days.
31		(3) Cause to be recorded the Notice to Remediate mailed
32		under paragraph (1) in the office of the recorder in the
33		county in which the real estate is located or in the office
34		of the registrar of titles of the county if the real estate
35		is registered under the Registered Title (Torrens) Act.
36		Any person or persons with a current legal or equitable

1		interest in the property objecting to the proposed actions of
2		the corporate authorities may file his or her objection in an
3		appropriate form in a court of competent jurisdiction.
4		If the building is not demolished, repaired, or enclosed,
5		or the garbage, debris, or other hazardous, noxious, or
6		unhealthy substances or materials are not removed, within 30
7		days of mailing the notice to the owners of record, the
8		beneficial owners of any Illinois land trust having title to
9		the property, and all lienholders of record in the property, or
10		within 30 days of the last day of publication of the notice,
11		whichever is later, the corporate authorities shall have the
12		power to demolish, repair, or enclose the building or to remove
13		any garbage, debris, or other hazardous, noxious, or unhealthy
14		substances or materials.
15		The municipality may proceed to demolish, repair, or
16		enclose a building or remove any garbage, debris, or other
17		hazardous, noxious, or unhealthy substances or materials under
18		this subsection within a 120-day period following the date of
19		the mailing of the notice if the appropriate official
20		determines that the demolition, repair, enclosure, or removal
21		of any garbage, debris, or other hazardous, noxious, or
22		unhealthy substances or materials is necessary to remedy the
23		immediate and continuing hazard. If, however, before the
24		municipality proceeds with any of the actions authorized by
25		this subsection, any person with a legal or equitable interest
26		in the property has sought a hearing under this subsection
27		before a court and has served a copy of the complaint on the
28		chief executive officer of the municipality, then the
29		municipality shall not proceed with the demolition, repair,
30		enclosure, or removal of garbage, debris, or other substances
31		until the court determines that that action is necessary to
32		remedy the hazard and issues an order authorizing the
33		municipality to do so. If the court dismisses the action for
34		want of prosecution, the municipality must send the objector a
35		copy of the dismissal order and a letter stating that the
36		demolition, repair, enclosure, or removal of garbage, debris,

1		or other substances will proceed unless, within 30 days after
2		the copy of the order and the letter are mailed, the objector
3		moves to vacate the dismissal and serves a copy of the motion
4		on the chief executive officer of the municipality.
5		Notwithstanding any other law to the contrary, if the objector
6		does not file a motion and give the required notice, if the
7		motion is denied by the court, or if the action is again
8		dismissed for want of prosecution, then the dismissal is with
9		prejudice and the demolition, repair, enclosure, or removal may
10		proceed forthwith.
11		Following the demolition, repair, or enclosure of a
12		building, or the removal of garbage, debris, or other
13		hazardous, noxious, or unhealthy substances or materials under
14		this subsection, the municipality may file a notice of lien
15		against the real estate for the cost of the demolition, repair,
16		enclosure, or removal within 180 days after the repair,
17		demolition, enclosure, or removal occurred, for the cost and
18		expense incurred, in the office of the recorder in the county
19		in which the real estate is located or in the office of the
20		registrar of titles of the county if the real estate affected
21		is registered under the Registered Titles (Torrens) Act; this
22		lien has priority over the interests of those parties named in
23		the Notice to Remediate mailed under paragraph (1), but not
24		over the interests of third party purchasers or encumbrancers
25		for value who obtained their interests in the property before
26		obtaining actual or constructive notice of the lien. The notice
27		of lien shall consist of a sworn statement setting forth (i) a
28		description of the real estate, such as the address or other
29		description of the property, sufficient for its
30		identification; (ii) the expenses incurred by the municipality
31		in undertaking the remedial actions authorized under this
32		subsection; (iii) the date or dates the expenses were incurred
33		by the municipality; (iv) a statement by the corporate official
34		responsible for enforcing the building code that the building
35		was open and vacant and constituted an immediate and continuing
36		hazard to the community; (v) a statement by the corporate

1		official that the required sign was posted on the building,
2		that notice was sent by certified mail to the owners of record,
3		and that notice was published in accordance with this
4		subsection; and (vi) a statement as to when and where the
5		notice was published. The lien authorized by this subsection
6		may thereafter be released or enforced by the municipality as
7		provided in subsection (a).
8		(f) The corporate authorities of each municipality may
9		remove or cause the removal of, or otherwise environmentally
10		remediate hazardous substances and petroleum products on, in,
11		or under any abandoned and unsafe property within the territory
12		of a municipality. In addition, where preliminary evidence
13		indicates the presence or likely presence of a hazardous
14		substance or a petroleum product or a release or a substantial
15		threat of a release of a hazardous substance or a petroleum
16		product on, in, or under the property, the corporate
17		authorities of the municipality may inspect the property and
18		test for the presence or release of hazardous substances and
19		petroleum products. In any county having adopted by referendum
20		or otherwise a county health department as provided by Division
21		5-25 of the Counties Code or its predecessor, the county board
22		of that county may exercise the above-described powers with
23		regard to property within the territory of any city, village,
24		or incorporated town having less than 50,000 population.
25		For purposes of this subsection (f):
26		(1) "property" or "real estate" means all real
27		property, whether or not improved by a structure;
28		(2) "abandoned" means;
29		(A) the property has been tax delinquent for 2 or
30		more years;
31		(B) the property is unoccupied by persons legally
32		in possession; and
33		(3) "unsafe" means property that presents an actual or
34		imminent threat to public health and safety caused by the
35		release of hazardous substances; and
36		(4) "hazardous substances" means the same as in Section

1		3.215 of the Environmental Protection Act.
2		The corporate authorities shall apply to the circuit court
3		of the county in which the property is located (i) for an order
4		allowing the municipality to enter the property and inspect and
5		test substances on, in, or under the property; or (ii) for an
6		order authorizing the corporate authorities to take action with
7		respect to remediation of the property if conditions on the
8		property, based on the inspection and testing authorized in
9		paragraph (i), indicate the presence of hazardous substances or
10		petroleum products. Remediation shall be deemed complete for
11		purposes of paragraph (ii) above when the property satisfies
12		Tier I, II, or III remediation objectives for the property's
13		most recent usage, as established by the Environmental
14		Protection Act, and the rules and regulations promulgated
15		thereunder. Where, upon diligent search, the identity or
16		whereabouts of the owner or owners of the property, including
17		the lien holders of record, is not ascertainable, notice mailed
18		to the person or persons in whose name the real estate was last
19		assessed is sufficient notice under this Section.
20		The court shall grant an order authorizing testing under
21		paragraph (i) above upon a showing of preliminary evidence
22		indicating the presence or likely presence of a hazardous
23		substance or a petroleum product or a release of or a
24		substantial threat of a release of a hazardous substance or a
25		petroleum product on, in, or under abandoned property. The
26		preliminary evidence may include, but is not limited to,
27		evidence of prior use, visual site inspection, or records of
28		prior environmental investigations. The testing authorized by
29		paragraph (i) above shall include any type of investigation
30		which is necessary for an environmental professional to
31		determine the environmental condition of the property,
32		including but not limited to performance of soil borings and
33		groundwater monitoring. The court shall grant a remediation
34		order under paragraph (ii) above where testing of the property
35		indicates that it fails to meet the applicable remediation
36		objectives. The hearing upon the application to the circuit

1		court shall be expedited by the court and shall be given
2		precedence over all other suits.
3		The cost of the inspection, testing, or remediation
4		incurred by the municipality or by a lien holder of record,
5		including court costs, attorney's fees, and other costs related
6		to the enforcement of this Section, is a lien on the real
7		estate; except that in any instances where a municipality
8		incurs costs of inspection and testing but finds no hazardous
9		substances or petroleum products on the property that present
10		an actual or imminent threat to public health and safety, such
11		costs are not recoverable from the owners nor are such costs a
12		lien on the real estate. The lien is superior to all prior
13		existing liens and encumbrances, except taxes and any lien
14		obtained under subsection (a) or (e), if, within 180 days after
15		the completion of the inspection, testing, or remediation, the
16		municipality or the lien holder of record who incurred the cost
17		and expense shall file a notice of lien for the cost and
18		expense incurred in the office of the recorder in the county in
19		which the real estate is located or in the office of the
20		registrar of titles of the county if the real estate affected
21		is registered under the Registered Titles (Torrens) Act.
22		The notice must consist of a sworn statement setting out
23		(i) a description of the real estate sufficient for its
24		identification, (ii) the amount of money representing the cost
25		and expense incurred, and (iii) the date or dates when the cost
26		and expense was incurred by the municipality or the lien holder
27		of record. Upon payment of the lien amount by the owner of or
28		persons interested in the property after the notice of lien has
29		been filed, a release of lien shall be issued by the
30		municipality, the person in whose name the lien has been filed,
31		or the assignee of the lien, and the release may be filed of
32		record as in the case of filing notice of lien.
33		The lien may be enforced under subsection (c) or by
34		foreclosure proceedings as in the case of mortgage foreclosures
35		under Article XV of the Code of Civil Procedure or mechanics'
36		lien foreclosures; provided that where the lien is enforced by

1		foreclosure under subsection (c) or under either statute, the
2		municipality may not proceed against the other assets of the
3		owner or owners of the real estate for any costs that otherwise
4		would be recoverable under this Section but that remain
5		unsatisfied after foreclosure except where such additional
6		recovery is authorized by separate environmental laws. An
7		action to foreclose this lien may be commenced at any time
8		after the date of filing of the notice of lien. The costs of
9		foreclosure incurred by the municipality, including court
10		costs, reasonable attorney's fees, advances to preserve the
11		property, and other costs related to the enforcement of this
12		subsection, plus statutory interest, are a lien on the real
13		estate.
14		All liens arising under this subsection (f) shall be
15		assignable. The assignee of the lien shall have the same power
16		to enforce the lien as the assigning party, except that the
17		lien may not be enforced under subsection (c).
18		(g) In any case where a municipality has obtained a lien
19		under subsection (a), the municipality may also bring an action
20		for a money judgment against the owner or owners of the real
21		estate in the amount of the lien in the same manner as provided
22		for bringing causes of action in Article II of the Code of
23		Civil Procedure and, upon obtaining a judgment, file a judgment
24		lien against all of the real estate of the owner or owners and
25		enforce that lien as provided for in Article XII of the Code of
26		Civil Procedure.
27		(Source: P.A. 91-162, eff. 7-16-99; 91-177, eff. 1-1-00;
28		91-357, eff. 7-29-99; 91-542, eff. 1-1-00; 91-561, eff. 1-1-00;
29		92-16, eff. 6-28-01; 92-574, eff. 6-26-02; 92-681, eff. 1-1-03;
30		revised 2-18-03.)
31		(65 ILCS 5/11-124-1) (from Ch. 24, par. 11-124-1)
32		Sec. 11-124-1. Contracts for supply of water.
33		(a) The corporate authorities of each municipality may
34		contract with any person, corporation, municipal corporation,
35		political subdivision, public water district or any other

1		agency for a supply of water. Any such contract entered into by
2		a municipality shall provide that payments to be made
3		thereunder shall be solely from the revenues to be derived from
4		the operation of the waterworks system of the municipality, and
5		the contract shall be a continuing valid and binding obligation
6		of the municipality payable from the revenues derived from the
7		operation of the waterworks system of the municipality for the
8		period of years, not to exceed 40, as may be provided in such
9		contract. Any such contract shall not be a debt within the
10		meaning of any constitutional or statutory limitation. No prior
11		appropriation shall be required before entering into such a
12		contract and no appropriation shall be required to authorize
13		payments to be made under the terms of any such contract
14		notwithstanding any provision in this Code to the contrary.
15		(b) (a) Payments to be made under any such contract shall
16		be an operation and maintenance expense of the waterworks
17		system of the municipality. Any such contract made by a
18		municipality for a supply of water may contain provisions
19		whereby the municipality is obligated to pay for such supply of
20		water without setoff or counterclaim and irrespective of
21		whether such supply of water is ever furnished, made available
22		or delivered to the municipality or whether any project for the
23		supply of water contemplated by any such contract is completed,
24		operable or operating and notwithstanding any suspension,
25		interruption, interference, reduction or curtailment of the
26		supply of water from such project. Any such contract may
27		provide that if one or more of the other purchasers of water
28		defaults in the payment of its obligations under such contract
29		or a similar contract made with the supplier of the water, one
30		or more of the remaining purchasers party to such contract or
31		such similar contract shall be required to pay for all or a
32		portion of the obligations of the defaulting purchasers.
33		(c) (b) Payments to be made under any such contract with a
34		municipal joint action water agency under the
35		Intergovernmental Cooperation Act shall be an operation and
36		maintenance expense of the waterworks system of the

1		municipality. Any such contract made by a municipality for a
2		supply of water with a municipal joint action water agency
3		under the provisions of the Intergovernmental Cooperation Act
4		may contain provisions whereby the municipality is obligated to
5		pay for such supply of water without setoff or counterclaim and
6		irrespective of whether such supply of water is ever furnished,
7		made available or delivered to the municipality or whether any
8		project for the supply of water contemplated by any such
9		contract is completed, operable or operating and
10		notwithstanding any suspension, interruption, interference,
11		reduction or curtailment of the supply of water from such
12		project. Any such contract with a municipal joint action water
13		agency may provide that if one or more of the other purchasers
14		of water defaults in the payment of its obligations under such
15		contract or a similar contract made with the supplier of the
16		water, one or more of the remaining purchasers party to such
17		contract or such similar contract shall be required to pay for
18		all or a portion of the obligations of the defaulting
19		purchasers.
20		The changes in this Section made by these amendatory Acts
21		of 1984 are intended to be declarative of existing law.
22		(d) (b) A municipality with a water supply contract with a
23		county water commission organized pursuant to the Water
24		Commission Act of 1985 shall provide water to unincorporated
25		areas of that home county in accordance with the terms of this
26		subsection. The provision of water by the municipality shall be
27		in accordance with a mandate of the home county as provided in
28		Section 0.01 of the Water Commission Act of 1985. A home rule
29		unit may not provide water in a manner that is inconsistent
30		with the provisions of this amendatory Act of the 93rd General
31		Assembly. This subsection is a limitation under subsection (i)
32		of Section 6 of Article VII of the Illinois Constitution on the
33		concurrent exercise by home rule units of powers and functions
34		exercised by the State.
35		(Source: P.A. 93-226, eff. 7-22-03; revised 10-9-03.)

1		Section 210. The Joliet Arsenal Development Authority Act
2		is amended by changing Section 40 as follows:
3		(70 ILCS 508/40)
4		Sec. 40. Acquisition.
5		(a) The Authority may, but need not, acquire title to any
6		project with respect to which it exercises its authority.
7		(b) The Authority shall have power to acquire by purchase,
8		lease, gift, or otherwise any property or rights therein from
9		any person, the State of Illinois, any municipal corporation,
10		any local unit of government, the government of the United
11		States, any agency or instrumentality of the United States, any
12		body politic, or any county useful for its purposes, whether
13		improved for the purposes of any prospective project or
14		unimproved. The Authority may also accept any donation of funds
15		for its purposes from any of those sources.
16		(c) The Authority shall have power to develop, construct,
17		and improve, either under its own direction or through
18		collaboration with any approved applicant, or to acquire
19		through purchase or otherwise any project, using for that
20		purpose the proceeds derived from its sale of revenue bonds,
21		notes, or other evidences of indebtedness or governmental loans
22		or grants, and to hold title in the name of the Authority to
23		those projects.
24		(d) The Authority shall have the power to enter into
25		intergovernmental agreements with the State of Illinois, the
26		county of Will, the Illinois Finance Authority, the
27		Metropolitan Pier and Exposition Authority, the United States
28		government, any agency or instrumentality of the United States,
29		any unit of local government located within the territory of
30		the Authority, or any other unit of government to the extent
31		allowed by Article VII, Section 10 of the Illinois Constitution
32		and the Intergovernmental Cooperation Act.
33		(e) The Authority shall have the power to share employees
34		with other units of government, including agencies of the
35		United States, agencies of the State of Illinois, and agencies

1		or personnel of any unit of local government.
2		(f) Subject to subsection (i) of Section 35 of this Act,
3		the Authority shall have the power to exercise powers and issue
4		revenue bonds as if it were a municipality so authorized in
5		Divisions 12.1, 74, 74.1, 74.3, and 74.5 of Article 11 of the
6		Illinois Municipal Code.
7		(g) All property owned by the Joliet Arsenal Development
8		Authority is exempt from property taxes. Any property owned by
9		the Joliet Arsenal Development Authority and leased to an
10		entity that is not exempt shall remain exempt. The leasehold
11		interest of the lessee shall be assessed under Section 9-195 of
12		the Property Tax Code.
13		(Source: P.A. 93-205, eff. 1-1-04; 93-421, eff. 8-5-03; revised
14		9-11-03.)

15		Section 215. The Fire Protection District Act is amended by
16		changing Section 6 as follows:
17		(70 ILCS 705/6) (from Ch. 127 1/2, par. 26)
18		Sec. 6. Board of trustees; powers.
19		(a) The trustees shall constitute a board of trustees for
20		the district for which they are appointed, which board of
21		trustees is declared to be the corporate authority of the fire
22		protection district, and shall exercise all of the powers and
23		control all the affairs and property of such district.
24		The board of trustees at their initial meeting and at their
25		first meeting following the commencement of the term of any
26		trustee shall elect one of their number as president and one of
27		their number as secretary and shall elect a treasurer for the
28		district, who may be one of the trustees or may be any other
29		citizen of the district and who shall hold office during the
30		pleasure of the board and who shall give such bond as may be
31		required by the board.
32		(b) Except as otherwise provided in Sections 16.01 through
33		16.18, the board may appoint and enter into a multi-year
34		contract not exceeding 3 years with a fire chief and may

1		appoint any firemen that may be necessary for the district, who
2		shall hold office during the pleasure of the board and who
3		shall give any bond that the board may require. The board may
4		prescribe the duties and fix the compensation of all the
5		officers and employees of the fire protection district.
6		(c) A member of the board of trustees of a fire protection
7		district may be compensated as follows: in a district having
8		fewer than 4 full time paid firemen, a sum not to exceed $1,000
9		per annum; in a district having more than 3 but less than 10
10		full time paid firemen, a sum not to exceed $1,500 per annum;
11		in a district having either 10 or more full time paid firemen,
12		a sum not to exceed $2,000 per annum. In addition, fire
13		districts that operate an ambulance service pursuant to
14		authorization by referendum, as provided in Section 22, may pay
15		trustees an additional annual compensation not to exceed 50% of
16		the amount otherwise authorized herein. The additional
17		compensation shall be an administrative expense of the
18		ambulance service and shall be paid from revenues raised by the
19		ambulance tax levy.
20		(d) The trustees also have the express power to execute a
21		note or notes and to execute a mortgage or trust deed to secure
22		the payment of such note or notes; such trust deed or mortgage
23		shall cover real estate, or some part thereof, or personal
24		property owned by the district and the lien of the mortgage
25		shall apply to the real estate or personal property so
26		mortgaged by the district, and the proceeds of the note or
27		notes may be used in the acquisition of personal property or of
28		real estate or in the erection of improvements on such real
29		estate.
30		The trustees have express power to purchase either real
31		estate or personal property to be used for the purposes of the
32		fire protection district through contracts which provide for
33		the consideration for such purchase to be paid through
34		installments to be made at stated intervals during a certain
35		period of time, but, in no case, shall such contracts provide
36		for the consideration to be paid during a period of time in

1		excess of 25 years.
2		(e) The trustees have express power to provide for the
3		benefit of its employees, volunteer firemen and paid firemen,
4		group life, health, accident, hospital and medical insurance,
5		or any combination thereof; and to pay for all or any portion
6		of the premiums on such insurance. Such insurance may include
7		provisions for employees who rely on treatment by spiritual
8		means alone through prayer for healing in accord with the
9		tenets and practice of a well recognized religious
10		denomination.
11		(f) To encourage continued service with the district, the
12		board of trustees has the express power to award monetary
13		incentives, not to exceed $240 per year, to volunteer
14		firefighters of the district based on the length of service. To
15		be eligible for the incentives, the volunteer firefighters must
16		have at least 5 years of service with the district. The amount
17		of the incentives may not be greater than 2% of the annual levy
18		amount when all incentive awards are combined.
19		(g) The board of trustees has express power to change the
20		corporate name of the fire protection district by ordinance,
21		provided that notification of any change is given to the
22		circuit clerk and the Office of the State Fire Marshal.
23		(h) The board of trustees may impose reasonable civil
24		penalties on individuals who repeatedly cause false fire
25		alarms.
26		(i) The board of trustees has full power to pass all
27		necessary ordinances, and rules and regulations for the proper
28		management and conduct of the business of the board of trustees
29		of the fire protection district for carrying into effect the
30		objects for which the district was formed.
31		(Source: P.A. 93-302, eff. 1-1-04; 93-589, eff. 1-1-04; revised
32		10-3-03.)

33		Section 220. The Park District Code is amended by changing
34		Section 5-1 as follows:

1		(70 ILCS 1205/5-1) (from Ch. 105, par. 5-1)
2		Sec. 5-1. Each Park District has the power to levy and
3		collect taxes on all the taxable property in the district for
4		all corporate purposes. The commissioners may accumulate funds
5		for the purposes of building repairs and improvements and may
6		annually levy taxes for such purposes in excess of current
7		requirements for its other purposes but subject to the tax rate
8		limitation as herein provided.
9		All general taxes proposed by the board to be levied upon
10		the taxable property within the district shall be levied by
11		ordinance. A certified copy of such levy ordinance shall be
12		filed with the county clerk of the county in which the same is
13		to be collected not later than the last Tuesday in December in
14		each year. The county clerk shall extend such tax; provided,
15		the aggregate amount of taxes levied for any one year,
16		exclusive of the amount levied for the payment of the principal
17		and interest on bonded indebtedness of the district and taxes
18		authorized by special referenda, shall not exceed, except as
19		otherwise provided in this Section, the rate of .10%, or the
20		rate limitation in effect on July 1, 1967, whichever is
21		greater, of the value, as equalized or assessed by the
22		Department of Revenue.
23		Notwithstanding any other provision of this Section, a park
24		district board of a park district lying wholly within one
25		county is authorized to increase property taxes under this
26		Section for corporate purposes for any one year so long as the
27		increase is offset by a like property tax levy reduction in one
28		or more of the park district's funds. At the time that such
29		park district files its levy with the county clerk, it shall
30		also certify to the county clerk that the park district has
31		complied with and is authorized to act under this Section 5-1
32		of the Park District Code. In no instance shall the increase
33		either exceed or result in a reduction to the extension
34		limitation to which any park district is subject under Section
35		18-195 of the Property Tax Code.
36		Any funds on hand at the end of the fiscal year that are

1		not pledged for or allocated to a particular purpose may, by
2		action of the board of commissioners, be transferred to a
3		capital improvement fund and accumulated therein, but the total
4		amount accumulated in the fund may not exceed 1.5% of the
5		aggregate assessed valuation of all taxable property in the
6		park district.
7		The foregoing limitations upon tax rates may be decreased
8		under the referendum provisions of the General Revenue Law of
9		the State of Illinois.
10		(Source: P.A. 93-434, eff. 8-5-03; 93-625, eff. 12-19-03;
11		revised 1-13-04.)

12		Section 225. The Metropolitan Water Reclamation District
13		Act is amended by setting forth, changing, and renumbering
14		multiple versions of Section 288 as follows:
15		(70 ILCS 2605/288)
16		Sec. 288. District enlarged. On March 7, 2002 Upon the
17		effective date of this amendatory Act of the 92nd General
18		Assembly, the corporate limits of the Metropolitan Water
19		Reclamation District Act are extended to include within those
20		limits the following described tracts of land, and those tracts
21		are annexed to the District.
22		(1) Parcel 1 (Canter Parcel)
23		THAT PART OF SECTION 21 TOWNSHIP 41 NORTH, RANGE 9, EAST OF
24		THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS:
25		COMMENCING AT NORTHWEST CORNER OF THE NORTHEAST 1/4 OF THE
26		NORTHWEST 1/4 OF SAID SECTION 21; THENCE SOUTH 00 DEGREES
27		12 MINUTES 00 SECONDS WEST (DEED BEING SOUTH), ALONG THE
28		WEST LINE OF SAID NORTHEAST 1/4 OF THE NORTHWEST 1/4, A
29		DISTANCE OF 574.20 FEET; THENCE SOUTH 69 DEGREES 48 MINUTES
30		00 SECONDS EAST, A DISTANCE OF 181.20 FEET; THENCE SOUTH 28
31		DEGREES 49 MINUTES 00 SECONDS EAST, A DISTANCE OF 720.45
32		FEET; THENCE SOUTH 38 DEGREES 25 MINUTES 33 SECONDS WEST, A
33		DISTANCE OF 222.79 FEET (DEED BEING SOUTH 33 DEGREES 37

1		MINUTES 00 SECONDS WEST, 238.50 FEET) TO AN IRON STAKE;
2		THENCE SOUTH 60 DEGREES 26 MINUTES 25 SECONDS EAST (DEED
3		BEING SOUTH 59 DEGREES 41 MINUTES 00 SECONDS EAST), ALONG A
4		LINE THAT WOULD INTERSECT THE EAST LINE OF SAID NORTHWEST
5		1/4 OF SECTION 21 AT A POINT THAT IS 669.25 FEET NORTHERLY
6		OF (AS MEASURED ALONG SAID EAST LINE) THE CENTER OF SAID
7		SECTION 21, A DISTANCE OF 24.03 FEET FOR THE POINT OF
8		BEGINNING; THENCE CONTINUING SOUTH 60 DEGREES 26 MINUTES 25
9		SECONDS EAST, ALONG SAID LINE, A DISTANCE OF 629.56 FEET TO
10		THE INTERSECTION WITH THE NORTHEASTERLY EXTENSION OF A LINE
11		PREVIOUSLY SURVEYED AND MONUMENTED; THENCE SOUTH 38
12		DEGREES 40 MINUTES 02 SECONDS WEST, ALONG SAID LINE, A
13		DISTANCE OF 1100.29 FEET (DEED BEING SOUTH 39 DEGREES 55
14		MINUTES 00 SECONDS WEST, 1098.70 FEET) TO THE CENTER LINE
15		OF THE CHICAGO-ELGIN ROAD, (NOW KNOWN AS IRVING PARK
16		BOULEVARD AND STATE ROUTE NO. 19) AS SHOWN ON THE PLAT OF
17		DEDICATION RECORDED JUNE 9, 1933 AS DOCUMENT NO. 11245764
18		AND AS SHOWN ON A PLAT OF SURVEY DATED SEPTEMBER 22, 1932
19		APPROVED BY THE SUPERINTENDENT OF HIGHWAYS OF COOK COUNTY,
20		ILLINOIS ON DECEMBER 17, 1933; THENCE SOUTH 51 DEGREES 24
21		MINUTES 19 SECONDS EAST, ALONG SAID CENTER LINE, A DISTANCE
22		OF 597.60 FEET (DEED BEING SOUTHEASTERLY ALONG CENTER LINE,
23		620.50 FEET) TO A POINT OF CURVE IN SAID CENTER LINE,
24		ACCORDING TO THE PLAT OF DEDICATION RECORDED FEBRUARY 16,
25		1933 AS DOCUMENT NO. 11200330 AND AFORESAID PLAT OF SURVEY;
26		THENCE SOUTHEASTERLY, ALONG THE SAID CENTER LINE, BEING
27		ALONG A CURVE TO THE LEFT, HAVING A RADIUS OF 4645.69 FEET
28		AND BEING TANGENT TO THE LAST DESCRIBED COURSE AT THE LAST
29		DESCRIBED POINT, A DISTANCE OF 341.66 FEET (DEED BEING
30		ALONG SAID CURVE, 338.30 FEET) TO THE INTERSECTION WITH A
31		PREVIOUSLY SURVEYED AND MONUMENTED LINE; THENCE SOUTH 42
32		DEGREES 46 MINUTES 09 SECONDS WEST, ALONG SAID LINE, A
33		DISTANCE OF 65.95 FEET (DEED BEING SOUTH 44 DEGREES 41
34		MINUTES 00 SECONDS WEST, 65 FEET) TO THE CENTER LINE OF THE
35		OLD CHICAGO-ELGIN ROAD, ACCORDING TO THE AFORESAID PLAT OF
36		SURVEY; THENCE NORTH 56 DEGREES 45 MINUTES 03 SECONDS WEST,

1		ALONG THE CENTER LINE OF THE SAID OLD CHICAGO-ELGIN ROAD, A
2		DISTANCE OF 685.80 FEET (DEED BEING NORTH 54 DEGREES 52
3		MINUTES 00 SECONDS WEST, 635.0 FEET) TO AN ANGLE IN SAID
4		CENTER LINE; THENCE NORTH 44 DEGREES 23 MINUTES 58 SECONDS
5		WEST, ALONG SAID CENTER LINE, A DISTANCE OF 878.23 FEET
6		(DEED BEING NORTH 44 DEGREES 23 MINUTES 00 SECONDS WEST) TO
7		A LINE THAT IS DRAWN SOUTH 38 DEGREES 35 MINUTES 41 SECONDS
8		WEST FROM THE POINT OF BEGINNING AND BEING PERPENDICULAR TO
9		THE NORTHERLY RIGHT OF WAY LINE OF THE CHICAGO-ELGIN ROAD,
10		AS DESCRIBED ON THE AFORESAID PLAT OF DEDICATION PER
11		DOCUMENT NO. 11245764 AND SHOWN ON THE AFORESAID PLAT OF
12		SURVEY; THENCE NORTH 38 DEGREES 35 MINUTES 41 SECONDS EAST,
13		ALONG SAID PERPENDICULAR LINE, A DISTANCE OF 1011.41 FEET
14		TO THE POINT OF BEGINNING, (EXCEPTING THEREFROM SUCH
15		PORTIONS THEREOF AS MAY HAVE BEEN HERETOFORE CONVEYED OR
16		DEDICATED FOR HIGHWAY PURPOSES) IN COOK COUNTY, ILLINOIS.
17		P.I.N.: 06-21-101-024-0000
18		(2) Parcel 2 (T Bar J Ranch Parcel)
19		PARCEL 1:
20		THAT PART OF SECTION 21, TOWNSHIP 41 NORTH; RANGE 9 EAST OF
21		THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS:
22		COMMENCING AT THE NORTHWEST CORNER OF THE NORTHEAST 1/4 OF
23		THE NORTHWEST 1/4 OF SAID SECTION 21; THENCE SOUTH ALONG
24		THE WEST LINE OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF
25		SAID SECTION, 574.20 FEET; THENCE SOUTH 69 DEGREES 48
26		MINUTES EAST, 181.20 FEET; THENCE SOUTH 28 DEGREES 49
27		MINUTES EAST, 720.45 FEET; THENCE SOUTH 33 DEGREES 37
28		MINUTES WEST, 238.50 FEET; THENCE SOUTH 75 DEGREES 29
29		MINUTES WEST, ALONG A FENCE LINE 510.8 FEET; THENCE SOUTH
30		29 DEGREES 48 MINUTES WEST, ALONG A FENCE LINE, 275.05 FEET
31		TO THE POINT OF BEGINNING; THENCE NORTH 67 DEGREES 40
32		MINUTES WEST, 277.64 FEET; THENCE SOUTH 19 DEGREES 47
33		MINUTES WEST, ALONG A FENCE LINE, 175.5 FEET TO THE
34		NORTHERLY RIGHT OF WAY LINE OF A PUBLIC HIGHWAY KNOWN AS
35		IRVING PARK BOULEVARD; THENCE SOUTH 50 DEGREES 21 MINUTES

1		EAST ALONG SAID NORTHERLY RIGHT OF WAY LINE OF PUBLIC
2		HIGHWAY, A DISTANCE OF 248.3 FEET TO A POINT THAT IS SOUTH
3		29 DEGREES 48 MINUTES WEST, 251.15 FEET FROM THE POINT OF
4		BEGINNING; THENCE NORTH 29 DEGREES 48 MINUTES, EAST ALONG A
5		FENCE LINE 251.15 FEET TO A POINT OF BEGINNING, IN COOK
6		COUNTY, ILLINOIS.
7		P.I.N.: 06-21-101-018-0000
8		PARCEL 2:
9		THAT PART OF SECTION 21, TOWNSHIP 41 NORTH, RANGE 9 EAST OF
10		THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS:
11		COMMENCING AT THE NORTHWEST CORNER OF THE NORTHEAST 1/4 OF
12		THE NORTHWEST 1/4 OF SECTION 21 AFORESAID; THENCE SOUTH
13		ALONG THE WEST LINE OF THE NORTHEAST 1/4 OF THE NORTHWEST
14		1/4 OF SAID SECTION, 574.2 FEET; THENCE SOUTH 69 DEGREES 48
15		MINUTES EAST, 181.2 FEET; THENCE SOUTH 28 DEGREES 49
16		MINUTES EAST, 720.45 FEET; THENCE SOUTH 33 DEGREES 37
17		MINUTES WEST, 238.5 FEET; THENCE SOUTH 75 DEGREES 29
18		MINUTES WEST, 203.4 FEET TO THE POINT OF BEGINNING; THENCE
19		CONTINUING SOUTH 75 DEGREES 29 MINUTES WEST, 307.4 FEET;
20		THENCE SOUTH 29 DEGREES 48 MINUTES WEST, 275.05 FEET;
21		THENCE NORTH 67 DEGREES 40 MINUTES WEST, 277.64 FEET;
22		THENCE SOUTH 19 DEGREES 47 MINUTES WEST ALONG A FENCE LINE,
23		175.5 FEET TO NORTHERLY RIGHT OF WAY LINE OF PUBLIC HIGHWAY
24		KNOWN AS IRVING PARK BOULEVARD; THENCE NORTH 50 DEGREES 21
25		MINUTES WEST ALONG SAID NORTHERLY RIGHT OF WAY LINE OF
26		HIGHWAY 566.2 FEET; THENCE NORTH 17 DEGREES 17 MINUTES EAST
27		ALONG A FENCE LINE 193.07 FEET; THENCE NORTH 84 DEGREES 47
28		MINUTES EAST 988.44 FEET TO A FENCE LINE; THENCE SOUTH 31
29		DEGREES 51 MINUTES EAST ALONG SAID FENCE LINE, A DISTANCE
30		OF 282.19 FEET TO THE POINT OF BEGINNING IN HANOVER
31		TOWNSHIP IN COOK COUNTY, ILLINOIS.
32		P.I.N.: 06-21-101-022-0000
33		(3) Parcel 3 (Gibas parcel)
34		A PARCEL OF LAND IN SECTION 21, TOWNSHIP 41 NORTH, RANGE 9
35		EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY,

1		ILLINOIS, DESCRIBED AS FOLLOWS:
2		COMMENCING AT THE NORTHWEST CORNER OF THE NORTHEAST 1/4 OF
3		THE NORTHWEST 1/4 OF SAID SECTION 21, THENCE SOUTH ALONG
4		THE WEST LINE OF SAID NORTHEAST 1/4 OF THE NORTHWEST 1/4,
5		574.20 FEET; THENCE SOUTH 69 DEGREES 48 MINUTES EAST,
6		181.20 FEET FOR A POINT OF BEGINNING, THENCE SOUTH 28
7		DEGREES 49 MINUTES EAST, 720.45 FEET; THENCE SOUTH 33
8		DEGREES 37 MINUTES WEST, 238.5 FEET; THENCE SOUTH 75
9		DEGREES 29 MINUTES WEST, 203.4 FEET TO A FENCE CORNER;
10		THENCE NORTH 31 DEGREES 51 MINUTES WEST ALONG A FENCE LINE,
11		512.8 FEET; THENCE NORTH 3 DEGREES 29 MINUTES WEST ALONG
12		SAID FENCE LINE 263.6 FEET TO A POINT ON THE SOUTHERLY
13		RIGHT OF WAY LINE OF NEW SCHAUMBURG ROAD THAT IS 311.0 FEET
14		MORE OR LESS SOUTHWESTERLY OF THE POINT OF BEGINNING;
15		THENCE NORTHEASTERLY ALONG THE SAID SOUTHERLY RIGHT OF WAY
16		LINE OF ROAD 311.0 FEET MORE OR LESS TO THE POINT OF
17		BEGINNING, (EXCEPTING SUCH PORTIONS THEREOF AS MAY FALL
18		WITHIN LOTS 10 OR 26 OF COUNTY CLERK'S DIVISION OF SECTION
19		21 ACCORDING TO THE PLAT THEREOF RECORDED, MAY 31, 1895 IN
20		BOOK 65 OF PLATS PAGE 35) IN COOK COUNTY, ILLINOIS.
21		P.I.N.: 06-21-101-015-0000
22		(4) Parcel 4 (Blake parcel)
23		THAT PART OF SECTIONS 20 AND 21 IN TOWNSHIP 41 NORTH, RANGE
24		9 EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS
25		FOLLOWS:
26		COMMENCING AT THE NORTHWEST CORNER OF THE NORTHEAST QUARTER
27		OF THE NORTHWEST QUARTER OF SECTION 21 AFORESAID; THENCE
28		SOUTH ALONG THE WEST LINE OF THE NORTHEAST QUARTER OF THE
29		NORTHWEST QUARTER OF SAID SECTION, 574.2 FEET; THENCE SOUTH
30		69 DEGREES 48 MINUTES EAST, 181.2 FEET; THENCE SOUTH 28
31		DEGREES 49 MINUTES EAST, 720.45 FEET; THENCE SOUTH 33
32		DEGREES 37 MINUTES WEST, 238.5 FEET; THENCE SOUTH 75
33		DEGREES 29 MINUTES WEST, 203.4 FEET; THENCE NORTH 31
34		DEGREES 51 MINUTES WEST ALONG A FENCE LINE, 282.19 FEET TO
35		A POINT OF BEGINNING; THENCE SOUTH 84 DEGREES 47 MINUTES

1		WEST, 988.44 FEET TO A POINT ON A FENCE LINE THAT LIES
2		NORTH 17 DEGREES 17 MINUTES EAST, 193.07 FEET FROM A POINT
3		ON THE NORTHERLY RIGHT OF WAY LINE OF IRVING PARK
4		BOULEVARD; THENCE NORTH 17 DEGREES 17 MINUTES EAST ALONG
5		SAID FENCE LINE, 276.03 FEET TO THE SOUTHERLY RIGHT OF WAY
6		LINE OF SCHAUMBURG ROAD (AS NOW DEDICATED); THENCE EASTERLY
7		AND NORTHEASTERLY ALONG SAID SOUTHERLY RIGHT OF WAY LINE ON
8		A CURVE TO LEFT HAVING A RADIUS OF 1425.4 FEET A DISTANCE
9		OF 829.0 FEET; THENCE SOUTH 3 DEGREES 29 MINUTES EAST ALONG
10		A FENCE LINE 263.6 FEET; THENCE SOUTH 31 DEGREES 51 MINUTES
11		EAST ALONG A FENCE LINE A DISTANCE OF 230.61 FEET TO THE
12		POINT OF BEGINNING, IN HANOVER TOWNSHIP, COOK COUNTY,
13		ILLINOIS.
14		P.I.N. PI.N.: 06-21-101-021-0000.
15		(Source: P.A. 92-532, eff. 3-7-02; revised 1-27-03.)
16		(70 ILCS 2605/289)
17		Sec. 289 288. District enlarged. On August 22, 2002 Upon
18		the effective date of this amendatory Act of the 92nd General
19		Assembly, the corporate limits of the Metropolitan Water
20		Reclamation District are extended to include within those
21		limits the following described tract of land, and that tract is
22		annexed to the District.
23		LEGAL DESCRIPTION
24		5.425 ACRES
25		THAT PART OF THE NORTHWEST QUARTER OF SECTION 25, TOWNSHIP
26		42 NORTH, RANGE 9, EAST OF THE THIRD PRINCIPAL MERIDIAN,
27		DESCRIBED AS FOLLOWS:
28		COMMENCING AT THE SOUTHEAST CORNER OF THE NORTHWEST QUARTER
29		OF SAID SECTION 25; THENCE NORTH 00°00'00" EAST ALONG THE
30		EAST LINE OF SAID NORTHWEST QUARTER OF SECTION 25, A
31		DISTANCE OF 1314.40 FEET TO THE NORTH LINE OF THE SOUTH
32		HALF OF SAID NORTHWEST QUARTER OF SECTION 25; THENCE SOUTH
33		89°15'17" WEST ALONG THE NORTH LINE OF SAID SOUTH HALF OF
34		THE NORTHWEST QUARTER OF SECTION 25, A DISTANCE OF 170.00
35		FEET; THENCE SOUTH 44°22'03" WEST, 410.93 FEET TO THE POINT

1		OF BEGINNING; THENCE SOUTH 89°15'17" WEST PARALLEL WITH THE
2		NORTH LINE OF SAID SOUTH HALF OF THE NORTHWEST QUARTER OF
3		SECTION 25, A DISTANCE OF 420.04 FEET TO A LINE 1755.25
4		FEET EAST OF, MEASURED AT RIGHT ANGLES, AND PARALLEL WITH
5		THE WEST LINE OF SAID NORTHWEST QUARTER OF SECTION 25;
6		THENCE NORTH 00°02'28" WEST ALONG SAID PARALLEL LINE,
7		105.23 FEET; THENCE SOUTH 89°15'17" WEST PARALLEL WITH THE
8		NORTH LINE OF SAID SOUTH HALF OF THE NORTHWEST QUARTER OF
9		SECTION 25, A DISTANCE OF 300.13 FEET; THENCE SOUTH
10		00°02'28" EAST, 150.68 FEET; THENCE NORTH 89°57'32" EAST
11		120.37 FEET; THENCE SOUTH 00°02'28" EAST PARALLEL WITH THE
12		WEST LINE OF SAID NORTHWEST QUARTER OF SECTION 25, A
13		DISTANCE OF 353.10 FEET; THENCE NORTH 89°15'17" EAST
14		PARALLEL WITH THE NORTH LINE OF SAID SOUTH HALF OF THE
15		NORTHWEST QUARTER OF SECTION 25, A DISTANCE OF 479.77 FEET;
16		THENCE NORTH 00°02'28" WEST, 278.99 FEET; THENCE NORTH
17		44°22'03" EAST, 171.50 FEET TO THE PLACE OF BEGINNING, IN
18		COOK COUNTY, ILLINOIS.
19		(Source: P.A. 92-843, eff. 8-22-02; revised 2-18-03.)

20		Section 230. The Local Mass Transit District Act is amended
21		by changing Section 2 as follows:
22		(70 ILCS 3610/2) (from Ch. 111 2/3, par. 352)
23		Sec. 2. For the purposes of this Act:
24		(a) "Mass transit facility" means any local public
25		transportation facility, whether buses, trolley-buses, or
26		railway systems, utilized by a substantial number of persons
27		for their daily transportation, and includes not only the local
28		public transportation facility itself but ancillary and
29		supporting facilities such as, for example, motor vehicle
30		parking facilities, as well.
31		(b) "Participating municipality and county" means the
32		municipality or municipalities, county or counties creating
33		the local Mass Transit District pursuant to Section 3 of this
34		Act.

1		(c) "Municipality" means a city, village, township, or
2		incorporated town.
3		(d) "Corporate authorities" means (1) the city council or
4		similar body of a city, (2) the board of trustees or similar
5		body of a village or incorporated town, (3) the council of a
6		municipality under the commission form of municipal
7		government, and (4) the board of trustees in a township.
8		(e) "County board" means the governing board of a county.
9		(f) "District" means a local Mass Transit District created
10		pursuant to Section 3 of this Act.
11		(g) "Board" means the Board of Trustees of a local Mass
12		Transit District created pursuant to Section 3 of this Act.
13		(h) "Interstate transportation authority" shall mean any
14		political subdivision created by compact between this State and
15		another state, which is a body corporate and politic and a
16		political subdivision of both contracting states, and which
17		operates a public mass transportation system. ;
18		(i) "Metro East Mass Transit District" means one or more
19		local mass transit districts created pursuant to this Act,
20		composed only of Madison, St. Clair or Monroe Counties, or any
21		combination thereof or any territory annexed to such district.
22		(j) "Public mass transportation system" shall mean a
23		transportation system or systems owned and operated by an
24		interstate transportation authority, a municipality, District,
25		or other public or private authority, employing motor busses,
26		rails or any other means of conveyance, by whatsoever type or
27		power, operated for public use in the conveyance of persons,
28		mainly providing local transportation service within an
29		interstate transportation district, municipality, or county.
30		(Source: P.A. 93-590, eff. 1-1-04; revised 10-9-03.)

31		Section 235. The School Code is amended by changing
32		Sections 1D-1, 2-3.25g, 10-17a, 27-8.1, and 34-8.1 and setting
33		forth and renumbering multiple versions of Sections 2-3.131,
34		10-20.35, 10-20.37, 34-18.23, and 34-18.26 as follows:

1		(105 ILCS 5/1D-1)
2		Sec. 1D-1. Block grant funding.
3		(a) For fiscal year 1996 and each fiscal year thereafter,
4		the State Board of Education shall award to a school district
5		having a population exceeding 500,000 inhabitants a general
6		education block grant and an educational services block grant,
7		determined as provided in this Section, in lieu of distributing
8		to the district separate State funding for the programs
9		described in subsections (b) and (c). The provisions of this
10		Section, however, do not apply to any federal funds that the
11		district is entitled to receive. In accordance with Section
12		2-3.32, all block grants are subject to an audit. Therefore,
13		block grant receipts and block grant expenditures shall be
14		recorded to the appropriate fund code for the designated block
15		grant.
16		(b) The general education block grant shall include the
17		following programs: REI Initiative, Summer Bridges, Preschool
18		At Risk, K-6 Comprehensive Arts, School Improvement Support,
19		Urban Education, Scientific Literacy, Substance Abuse
20		Prevention, Second Language Planning, Staff Development,
21		Outcomes and Assessment, K-6 Reading Improvement, 7-12
22		Continued Reading Improvement, Truants' Optional Education,
23		Hispanic Programs, Agriculture Education, Parental Education,
24		Prevention Initiative, Report Cards, and Criminal Background
25		Investigations. Notwithstanding any other provision of law,
26		all amounts paid under the general education block grant from
27		State appropriations to a school district in a city having a
28		population exceeding 500,000 inhabitants shall be appropriated
29		and expended by the board of that district for any of the
30		programs included in the block grant or any of the board's
31		lawful purposes.
32		(c) The educational services block grant shall include the
33		following programs: Bilingual, Regular and Vocational
34		Transportation, State Lunch and Free Breakfast Program,
35		Special Education (Personnel, Extraordinary, Transportation,
36		Orphanage, Private Tuition), Summer School, Educational

1		Service Centers, and Administrator's Academy. This subsection
2		(c) does not relieve the district of its obligation to provide
3		the services required under a program that is included within
4		the educational services block grant. It is the intention of
5		the General Assembly in enacting the provisions of this
6		subsection (c) to relieve the district of the administrative
7		burdens that impede efficiency and accompany single-program
8		funding. The General Assembly encourages the board to pursue
9		mandate waivers pursuant to Section 2-3.25g.
10		(d) For fiscal year 1996 and each fiscal year thereafter,
11		the amount of the district's block grants shall be determined
12		as follows: (i) with respect to each program that is included
13		within each block grant, the district shall receive an amount
14		equal to the same percentage of the current fiscal year
15		appropriation made for that program as the percentage of the
16		appropriation received by the district from the 1995 fiscal
17		year appropriation made for that program, and (ii) the total
18		amount that is due the district under the block grant shall be
19		the aggregate of the amounts that the district is entitled to
20		receive for the fiscal year with respect to each program that
21		is included within the block grant that the State Board of
22		Education shall award the district under this Section for that
23		fiscal year. In the case of the Summer Bridges program, the
24		amount of the district's block grant shall be equal to 44% of
25		the amount of the current fiscal year appropriation made for
26		that program.
27		(e) The district is not required to file any application or
28		other claim in order to receive the block grants to which it is
29		entitled under this Section. The State Board of Education shall
30		make payments to the district of amounts due under the
31		district's block grants on a schedule determined by the State
32		Board of Education.
33		(f) A school district to which this Section applies shall
34		report to the State Board of Education on its use of the block
35		grants in such form and detail as the State Board of Education
36		may specify.

1		(g) This paragraph provides for the treatment of block
2		grants under Article 1C for purposes of calculating the amount
3		of block grants for a district under this Section. Those block
4		grants under Article 1C are, for this purpose, treated as
5		included in the amount of appropriation for the various
6		programs set forth in paragraph (b) above. The appropriation in
7		each current fiscal year for each block grant under Article 1C
8		shall be treated for these purposes as appropriations for the
9		individual program included in that block grant. The proportion
10		of each block grant so allocated to each such program included
11		in it shall be the proportion which the appropriation for that
12		program was of all appropriations for such purposes now in that
13		block grant, in fiscal 1995.
14		Payments to the school district under this Section with
15		respect to each program for which payments to school districts
16		generally, as of the date of this amendatory Act of the 92nd
17		General Assembly, are on a reimbursement basis shall continue
18		to be made to the district on a reimbursement basis, pursuant
19		to the provisions of this Code governing those programs.
20		(h) Notwithstanding any other provision of law, any school
21		district receiving a block grant under this Section may
22		classify all or a portion of the funds that it receives in a
23		particular fiscal year from any block grant authorized under
24		this Code or from general State aid pursuant to Section 18-8.05
25		of this Code (other than supplemental general State aid) as
26		funds received in connection with any funding program for which
27		it is entitled to receive funds from the State in that fiscal
28		year (including, without limitation, any funding program
29		referred to in subsection (c) of this Section), regardless of
30		the source or timing of the receipt. The district may not
31		classify more funds as funds received in connection with the
32		funding program than the district is entitled to receive in
33		that fiscal year for that program. Any classification by a
34		district must be made by a resolution of its board of
35		education. The resolution must identify the amount of any block
36		grant or general State aid to be classified under this

1		subsection (h) and must specify the funding program to which
2		the funds are to be treated as received in connection
3		therewith. This resolution is controlling as to the
4		classification of funds referenced therein. A certified copy of
5		the resolution must be sent to the State Superintendent of
6		Education. The resolution shall still take effect even though a
7		copy of the resolution has not been sent to the State
8		Superintendent of Education in a timely manner. No
9		classification under this subsection (h) by a district shall
10		affect the total amount or timing of money the district is
11		entitled to receive under this Code. No classification under
12		this subsection (h) by a district shall in any way relieve the
13		district from or affect any requirements that otherwise would
14		apply with respect to the block grant as provided in this
15		Section, including any accounting of funds by source, reporting
16		expenditures by original source and purpose, reporting
17		requirements, or requirements of provision of services.
18		(Source: P.A. 92-568, eff. 6-26-02; 92-651, eff. 7-11-02;
19		93-21, eff. 7-1-03; 93-53, eff. 7-1-03; revised 9-11-03.)
20		(105 ILCS 5/2-3.25g) (from Ch. 122, par. 2-3.25g)
21		Sec. 2-3.25g. Waiver or modification of mandates within the
22		School Code and administrative rules and regulations.
23		Notwithstanding any other provisions of this School Code or any
24		other law of this State to the contrary, school districts may
25		petition the State Board of Education for the waiver or
26		modification of the mandates of this School Code or of the
27		administrative rules and regulations promulgated by the State
28		Board of Education. Waivers or modifications of administrative
29		rules and regulations and modifications of mandates of this
30		School Code may be requested when a school district
31		demonstrates that it can address the intent of the rule or
32		mandate in a more effective, efficient, or economical manner or
33		when necessary to stimulate innovation or improve student
34		performance. Waivers of mandates of the School Code may be
35		requested when the waivers are necessary to stimulate

1		innovation or improve student performance. Waivers may not be
2		requested from laws, rules, and regulations pertaining to
3		special education, teacher certification, or teacher tenure
4		and seniority or from compliance with the No Child Left Behind
5		Act of 2001 (Public Law 107-110).
6		School districts, as a matter of inherent managerial
7		policy, and any Independent Authority established under
8		Section 2-3.25f may submit an application for a waiver or
9		modification authorized under this Section. Each application
10		must include a written request by the school district or
11		Independent Authority and must demonstrate that the intent of
12		the mandate can be addressed in a more effective, efficient, or
13		economical manner or be based upon a specific plan for improved
14		student performance and school improvement. Any district
15		requesting a waiver or modification for the reason that intent
16		of the mandate can be addressed in a more economical manner
17		shall include in the application a fiscal analysis showing
18		current expenditures on the mandate and projected savings
19		resulting from the waiver or modification. Applications and
20		plans developed by school districts must be approved by each
21		board of education following a public hearing on the
22		application and plan and the opportunity for the board to hear
23		testimony from educators directly involved in its
24		implementation, parents, and students. Such public hearing
25		shall be held on a day other than the day on which a regular
26		meeting of the board is held. The public hearing must be
27		preceded by at least one published notice occurring at least 7
28		days prior to the hearing in a newspaper of general circulation
29		within the school district that sets forth the time, date,
30		place, and general subject matter of the hearing. The school
31		district must notify in writing the affected exclusive
32		collective bargaining agent and those State legislators
33		representing the district holding the public hearing of the
34		district's intent to seek approval of a waiver or modification
35		and of the hearing to be held to take testimony from educators.
36		The affected exclusive collective bargaining agents shall be

1		notified of such public hearing at least 7 days prior to the
2		date of the hearing and shall be allowed to attend such public
3		hearing. The district shall attest to compliance with all of
4		the notification and procedural requirements set forth in this
5		Section.
6		A request for a waiver or modification of administrative
7		rules and regulations or for a modification of mandates
8		contained in this School Code shall be submitted to the State
9		Board of Education within 15 days after approval by the board
10		of education. The application as submitted to the State Board
11		of Education shall include a description of the public hearing.
12		Following receipt of the request, the State Board shall have 45
13		days to review the application and request. If the State Board
14		fails to disapprove the application within that 45 day period,
15		the waiver or modification shall be deemed granted. The State
16		Board may disapprove any request if it is not based upon sound
17		educational practices, endangers the health or safety of
18		students or staff, compromises equal opportunities for
19		learning, or fails to demonstrate that the intent of the rule
20		or mandate can be addressed in a more effective, efficient, or
21		economical manner or have improved student performance as a
22		primary goal. Any request disapproved by the State Board may be
23		appealed to the General Assembly by the requesting school
24		district as outlined in this Section.
25		A request for a waiver from mandates contained in this
26		School Code shall be submitted to the State Board within 15
27		days after approval by the board of education. The application
28		as submitted to the State Board of Education shall include a
29		description of the public hearing. The description shall
30		include, but need not be limited to, the means of notice, the
31		number of people in attendance, the number of people who spoke
32		as proponents or opponents of the waiver, a brief description
33		of their comments, and whether there were any written
34		statements submitted. The State Board shall review the
35		applications and requests for completeness and shall compile
36		the requests in reports to be filed with the General Assembly.

1		The State Board shall file reports outlining the waivers
2		requested by school districts and appeals by school districts
3		of requests disapproved by the State Board with the Senate and
4		the House of Representatives before each May 1 and October 1.
5		The General Assembly may disapprove the report of the State
6		Board in whole or in part within 30 calendar days after each
7		house of the General Assembly next convenes after the report is
8		filed by adoption of a resolution by a record vote of the
9		majority of members elected in each house. If the General
10		Assembly fails to disapprove any waiver request or appealed
11		request within such 30 day period, the waiver or modification
12		shall be deemed granted. Any resolution adopted by the General
13		Assembly disapproving a report of the State Board in whole or
14		in part shall be binding on the State Board.
15		An approved waiver or modification may remain in effect for
16		a period not to exceed 5 school years and may be renewed upon
17		application by the school district. However, such waiver or
18		modification may be changed within that 5-year period by a
19		local school district board following the procedure as set
20		forth in this Section for the initial waiver or modification
21		request. If neither the State Board of Education nor the
22		General Assembly disapproves, the change is deemed granted.
23		On or before February 1, 1998, and each year thereafter,
24		the State Board of Education shall submit a cumulative report
25		summarizing all types of waiver mandates and modifications of
26		mandates granted by the State Board or the General Assembly.
27		The report shall identify the topic of the waiver along with
28		the number and percentage of school districts for which the
29		waiver has been granted. The report shall also include any
30		recommendations from the State Board regarding the repeal or
31		modification of waived mandates.
32		(Source: P.A. 93-470, eff. 8-8-03; 93-557, eff. 8-20-03;
33		revised 9-11-03.)
34		(105 ILCS 5/2-3.131)
35		Sec. 2-3.131. FY2004 transitional assistance payments. If

1		the amount that the State Board of Education will pay to a
2		school district from fiscal year 2004 appropriations, as
3		estimated by the State Board of Education on April 1, 2004, is
4		less than the amount that the State Board of Education paid to
5		the school district from fiscal year 2003 appropriations, then,
6		subject to appropriation, the State Board of Education shall
7		make a fiscal year 2004 transitional assistance payment to the
8		school district in an amount equal to the difference between
9		the estimated amount to be paid from fiscal year 2004
10		appropriations and the amount paid from fiscal year 2003
11		appropriations.
12		(Source: P.A. 93-21, eff. 7-1-03.)
13		(105 ILCS 5/2-3.132)
14		Sec. 2-3.132 2-3.131. Sharing information on school lunch
15		applicants. The State Board of Education shall, whenever
16		requested by the Department of Public Aid, agree in writing
17		with the Department of Public Aid (as the State agency that
18		administers the State Medical Assistance Program as provided in
19		Title XIX of the federal Social Security Act and the State
20		Children's Health Insurance Program as provided in Title XXI of
21		the federal Social Security Act) to share with the Department
22		of Public Aid information on applicants for free or
23		reduced-price lunches. This sharing of information shall be for
24		the sole purpose of helping the Department of Public Aid
25		identify and enroll children in the State Medical Assistance
26		Program or the State Children's Health Insurance Program or
27		both as allowed under 42 U.S.C. Sec. 1758(b)(2)(C)(iii)(IV) and
28		under the restrictions set forth in 42 U.S.C. Sec.
29		1758(b)(2)(C)(vi) and (vii). The State Board of Education may
30		not adopt any rule that would prohibit a child from receiving
31		any form of subsidy or benefit due to his or her parent or
32		guardian withholding consent under Section 22-35 of this Code.
33		(Source: P.A. 93-404, eff. 8-1-03; revised 9-24-03.)
34		(105 ILCS 5/2-3.133)

1		Sec. 2-3.133 2-3.131. Homework assistance information for
2		parents. The State Board of Education shall provide information
3		on its Internet web site regarding strategies that parents can
4		use to assist their children in successfully completing
5		homework assignments. The State Board of Education shall notify
6		all school districts about this information's availability on
7		the State Board of Education's Internet web site.
8		(Source: P.A. 93-471, eff. 1-1-04; revised 9-24-03.)
9		(105 ILCS 5/2-3.134)
10		Sec. 2-3.134. 2-3.131. Persistently dangerous schools. The
11		State Board of Education shall maintain data and publish a list
12		of persistently dangerous schools on an annual basis.
13		(Source: P.A. 93-633, eff. 12-23-03; revised 1-12-04.)
14		(105 ILCS 5/10-17a) (from Ch. 122, par. 10-17a)
15		Sec. 10-17a. Better schools accountability.
16		(1) Policy and Purpose. It shall be the policy of the State
17		of Illinois that each school district in this State, including
18		special charter districts and districts subject to the
19		provisions of Article 34, shall submit to parents, taxpayers of
20		such district, the Governor, the General Assembly, and the
21		State Board of Education a school report card assessing the
22		performance of its schools and students. The report card shall
23		be an index of school performance measured against statewide
24		and local standards and will provide information to make prior
25		year comparisons and to set future year targets through the
26		school improvement plan.
27		(2) Reporting Requirements. Each school district shall
28		prepare a report card in accordance with the guidelines set
29		forth in this Section which describes the performance of its
30		students by school attendance centers and by district and the
31		district's financial resources and use of financial resources.
32		Such report card shall be presented at a regular school board
33		meeting subject to applicable notice requirements, posted on
34		the school district's Internet web site, if the district

1		maintains an Internet web site, made available to a newspaper
2		of general circulation serving the district, and, upon request,
3		sent home to a parent (unless the district does not maintain an
4		Internet web site, in which case the report card shall be sent
5		home to parents without request). If the district posts the
6		report card on its Internet web site, the district shall send a
7		written notice home to parents stating (i) that the report card
8		is available on the web site, (ii) the address of the web site,
9		(iii) that a printed copy of the report card will be sent to
10		parents upon request, and (iv) the telephone number that
11		parents may call to request a printed copy of the report card.
12		In addition, each school district shall submit the completed
13		report card to the office of the district's Regional
14		Superintendent which shall make copies available to any
15		individuals requesting them.
16		The report card shall be completed and disseminated prior
17		to October 31 in each school year. The report card shall
18		contain, but not be limited to, actual local school attendance
19		center, school district and statewide data indicating the
20		present performance of the school, the State norms and the
21		areas for planned improvement for the school and school
22		district.
23		(3) (a) The report card shall include the following
24		applicable indicators of attendance center, district, and
25		statewide student performance: percent of students who exceed,
26		meet, or do not meet standards established by the State Board
27		of Education pursuant to Section 2-3.25a; composite and subtest
28		means on nationally normed achievement tests for college bound
29		students; student attendance rates; chronic truancy rate;
30		dropout rate; graduation rate; and student mobility, turnover
31		shown as a percent of transfers out and a percent of transfers
32		in.
33		(b) The report card shall include the following
34		descriptions for the school, district, and State: average class
35		size; amount of time per day devoted to mathematics, science,
36		English and social science at primary, middle and junior high

1		school grade levels; number of students taking the Prairie
2		State Achievement Examination under subsection (c) of Section
3		2-3.64, the number of those students who received a score of
4		excellent, and the average score by school of students taking
5		the examination; pupil-teacher ratio; pupil-administrator
6		ratio; operating expenditure per pupil; district expenditure
7		by fund; average administrator salary; and average teacher
8		salary. The report card shall also specify the amount of money
9		that the district receives from all sources, including without
10		limitation subcategories specifying the amount from local
11		property taxes, the amount from general State aid, the amount
12		from other State funding, and the amount from other income.
13		(c) The report card shall include applicable indicators of
14		parental involvement in each attendance center. The parental
15		involvement component of the report card shall include the
16		percentage of students whose parents or guardians have had one
17		or more personal contacts with the students' teachers during
18		the school year concerning the students' education, and such
19		other information, commentary, and suggestions as the school
20		district desires. For the purposes of this paragraph, "personal
21		contact" includes, but is not limited to, parent-teacher
22		conferences, parental visits to school, school visits to home,
23		telephone conversations, and written correspondence. The
24		parental involvement component shall not single out or identify
25		individual students, parents, or guardians by name.
26		(d) The report card form shall be prepared by the State
27		Board of Education and provided to school districts by the most
28		efficient, economic, and appropriate means.
29		(Source: P.A. 92-604, eff. 7-1-02; 92-631, eff. 7-11-02;
30		revised 7-26-02.)
31		(105 ILCS 5/10-20.35)
32		Sec. 10-20.35. Medical information form for bus drivers and
33		emergency medical technicians. School districts are encouraged
34		to create and use an emergency medical information form for bus
35		drivers and emergency medical technicians for those students

1		with special needs or medical conditions. The form may include
2		without limitation information to be provided by the student's
3		parent or legal guardian concerning the student's relevant
4		medical conditions, medications that the student is taking, the
5		student's communication skills, and how a bus driver or an
6		emergency medical technician is to respond to certain behaviors
7		of the student. If the form is used, the school district is
8		encouraged to notify parents and legal guardians of the
9		availability of the form. The parent or legal guardian of the
10		student may fill out the form and submit it to the school that
11		the student is attending. The school district is encouraged to
12		keep one copy of the form on file at the school and another
13		copy on the student's school bus in a secure location.
14		(Source: P.A. 92-580, eff. 7-1-02.)
15		(105 ILCS 5/10-20.36)
16		Sec. 10-20.36 10-20.35. Psychotropic or psychostimulant
17		medication; disciplinary action.
18		(a) In this Section:
19		"Psychostimulant medication" means medication that
20		produces increased levels of mental and physical energy and
21		alertness and an elevated mood by stimulating the central
22		nervous system.
23		"Psychotropic medication" means psychotropic medication as
24		defined in Section 1-121.1 of the Mental Health and
25		Developmental Disabilities Code.
26		(b) Each school board must adopt and implement a policy
27		that prohibits any disciplinary action that is based totally or
28		in part on the refusal of a student's parent or guardian to
29		administer or consent to the administration of psychotropic or
30		psychostimulant medication to the student.
31		The policy must require that, at least once every 2 years,
32		the in-service training of certified school personnel and
33		administrators include training on current best practices
34		regarding the identification and treatment of attention
35		deficit disorder and attention deficit hyperactivity disorder,

1		the application of non-aversive behavioral interventions in
2		the school environment, and the use of psychotropic or
3		psychostimulant medication for school-age children.
4		(c) This Section does not prohibit school medical staff, an
5		individualized educational program team, or a professional
6		worker (as defined in Section 14-1.10 of this Code) from
7		recommending that a student be evaluated by an appropriate
8		medical practitioner or prohibit school personnel from
9		consulting with the practitioner with the consent of the
10		student's parents or guardian.
11		(Source: P.A. 92-663, eff. 1-1-03; revised 9-3-02.)
12		(105 ILCS 5/10-20.37)
13		Sec. 10-20.37. Summer kindergarten. A school board may
14		establish, maintain, and operate, in connection with the
15		kindergarten program of the school district, a summer
16		kindergarten program that begins 2 months before the beginning
17		of the regular school year and a summer kindergarten program
18		for grade one readiness for those pupils making unsatisfactory
19		progress during the regular kindergarten session that will
20		continue for 2 months after the regular school year. The summer
21		kindergarten program may be held within the school district or,
22		pursuant to a contract that must be approved by the State Board
23		of Education, may be operated by 2 or more adjacent school
24		districts or by a public or private university or college.
25		Transportation for students attending the summer kindergarten
26		program shall be the responsibility of the school district. The
27		expense of establishing, maintaining, and operating the summer
28		kindergarten program may be paid from funds contributed or
29		otherwise made available to the school district for that
30		purpose by federal or State appropriation.
31		(Source: P.A. 93-472, eff. 8-8-03.)
32		(105 ILCS 5/10-20.38)
33		Sec. 10-20.38 10-20.37. Provision of student information
34		prohibited. A school district may not provide a student's name,

1		address, telephone number, social security number, e-mail
2		address, or other personal identifying information to a
3		business organization or financial institution that issues
4		credit or debit cards.
5		(Source: P.A. 93-549, eff. 8-19-03; revised 9-28-03.)
6		(105 ILCS 5/27-8.1) (from Ch. 122, par. 27-8.1)
7		Sec. 27-8.1. Health examinations and immunizations.
8		(1) In compliance with rules and regulations which the
9		Department of Public Health shall promulgate, and except as
10		hereinafter provided, all children in Illinois shall have a
11		health examination as follows: within one year prior to
12		entering kindergarten or the first grade of any public,
13		private, or parochial elementary school; upon entering the
14		fifth and ninth grades of any public, private, or parochial
15		school; prior to entrance into any public, private, or
16		parochial nursery school; and, irrespective of grade,
17		immediately prior to or upon entrance into any public, private,
18		or parochial school or nursery school, each child shall present
19		proof of having been examined in accordance with this Section
20		and the rules and regulations promulgated hereunder.
21		A tuberculosis skin test screening shall be included as a
22		required part of each health examination included under this
23		Section if the child resides in an area designated by the
24		Department of Public Health as having a high incidence of
25		tuberculosis. Additional health examinations of pupils,
26		including dental and vision examinations, may be required when
27		deemed necessary by school authorities. Parents are encouraged
28		to have their children undergo dental and vision examinations
29		at the same points in time required for health examinations.
30		(2) The Department of Public Health shall promulgate rules
31		and regulations specifying the examinations and procedures
32		that constitute a health examination and may recommend by rule
33		that certain additional examinations be performed. The rules
34		and regulations of the Department of Public Health shall
35		specify that a tuberculosis skin test screening shall be

1		included as a required part of each health examination included
2		under this Section if the child resides in an area designated
3		by the Department of Public Health as having a high incidence
4		of tuberculosis. The Department of Public Health shall specify
5		that a diabetes screening as defined by rule shall be included
6		as a required part of each health examination. Diabetes testing
7		is not required.
8		Physicians licensed to practice medicine in all of its
9		branches, advanced practice nurses who have a written
10		collaborative agreement with a collaborating physician which
11		authorizes them to perform health examinations, or physician
12		assistants who have been delegated the performance of health
13		examinations by their supervising physician shall be
14		responsible for the performance of the health examinations,
15		other than dental examinations and vision and hearing
16		screening, and shall sign all report forms required by
17		subsection (4) of this Section that pertain to those portions
18		of the health examination for which the physician, advanced
19		practice nurse, or physician assistant is responsible. If a
20		registered nurse performs any part of a health examination,
21		then a physician licensed to practice medicine in all of its
22		branches must review and sign all required report forms.
23		Licensed dentists shall perform all dental examinations and
24		shall sign all report forms required by subsection (4) of this
25		Section that pertain to the dental examinations. Physicians
26		licensed to practice medicine in all its branches, or licensed
27		optometrists, shall perform all vision exams required by school
28		authorities and shall sign all report forms required by
29		subsection (4) of this Section that pertain to the vision exam.
30		Vision and hearing screening tests, which shall not be
31		considered examinations as that term is used in this Section,
32		shall be conducted in accordance with rules and regulations of
33		the Department of Public Health, and by individuals whom the
34		Department of Public Health has certified. In these rules and
35		regulations, the Department of Public Health shall require that
36		individuals conducting vision screening tests give a child's

1		parent or guardian written notification, before the vision
2		screening is conducted, that states, "Vision screening is not a
3		substitute for a complete eye and vision evaluation by an eye
4		doctor. Your child is not required to undergo this vision
5		screening if an optometrist or ophthalmologist has completed
6		and signed a report form indicating that an examination has
7		been administered within the previous 12 months."
8		(3) Every child shall, at or about the same time as he or
9		she receives a health examination required by subsection (1) of
10		this Section, present to the local school proof of having
11		received such immunizations against preventable communicable
12		diseases as the Department of Public Health shall require by
13		rules and regulations promulgated pursuant to this Section and
14		the Communicable Disease Prevention Act.
15		(4) The individuals conducting the health examination
16		shall record the fact of having conducted the examination, and
17		such additional information as required, on uniform forms which
18		the Department of Public Health and the State Board of
19		Education shall prescribe for statewide use. The examiner shall
20		summarize on the report form any condition that he or she
21		suspects indicates a need for special services. The individuals
22		confirming the administration of required immunizations shall
23		record as indicated on the form that the immunizations were
24		administered.
25		(5) If a child does not submit proof of having had either
26		the health examination or the immunization as required, then
27		the child shall be examined or receive the immunization, as the
28		case may be, and present proof by October 15 of the current
29		school year, or by an earlier date of the current school year
30		established by a school district. To establish a date before
31		October 15 of the current school year for the health
32		examination or immunization as required, a school district must
33		give notice of the requirements of this Section 60 days prior
34		to the earlier established date. If for medical reasons one or
35		more of the required immunizations must be given after October
36		15 of the current school year, or after an earlier established

1		date of the current school year, then the child shall present,
2		by October 15, or by the earlier established date, a schedule
3		for the administration of the immunizations and a statement of
4		the medical reasons causing the delay, both the schedule and
5		the statement being issued by the physician, advanced practice
6		nurse, physician assistant, registered nurse, or local health
7		department that will be responsible for administration of the
8		remaining required immunizations. If a child does not comply by
9		October 15, or by the earlier established date of the current
10		school year, with the requirements of this subsection, then the
11		local school authority shall exclude that child from school
12		until such time as the child presents proof of having had the
13		health examination as required and presents proof of having
14		received those required immunizations which are medically
15		possible to receive immediately. During a child's exclusion
16		from school for noncompliance with this subsection, the child's
17		parents or legal guardian shall be considered in violation of
18		Section 26-1 and subject to any penalty imposed by Section
19		26-10.
20		(6) Every school shall report to the State Board of
21		Education by November 15, in the manner which that agency shall
22		require, the number of children who have received the necessary
23		immunizations and the health examination as required,
24		indicating, of those who have not received the immunizations
25		and examination as required, the number of children who are
26		exempt from health examination and immunization requirements
27		on religious or medical grounds as provided in subsection (8).
28		This reported information shall be provided to the Department
29		of Public Health by the State Board of Education.
30		(7) Upon determining that the number of pupils who are
31		required to be in compliance with subsection (5) of this
32		Section is below 90% of the number of pupils enrolled in the
33		school district, 10% of each State aid payment made pursuant to
34		Section 18-8 to the school district for such year shall be
35		withheld by the regional superintendent until the number of
36		students in compliance with subsection (5) is the applicable

1		specified percentage or higher.
2		(8) Parents or legal guardians who object to health
3		examinations or any part thereof, or to immunizations, on
4		religious grounds shall not be required to submit their
5		children or wards to the examinations or immunizations to which
6		they so object if such parents or legal guardians present to
7		the appropriate local school authority a signed statement of
8		objection, detailing the grounds for the objection. If the
9		physical condition of the child is such that any one or more of
10		the immunizing agents should not be administered, the examining
11		physician, advanced practice nurse, or physician assistant
12		responsible for the performance of the health examination shall
13		endorse that fact upon the health examination form. Exempting a
14		child from the health examination does not exempt the child
15		from participation in the program of physical education
16		training provided in Sections 27-5 through 27-7 of this Code.
17		(9) For the purposes of this Section, "nursery schools"
18		means those nursery schools operated by elementary school
19		systems or secondary level school units or institutions of
20		higher learning.
21		(Source: P.A. 92-703, eff. 7-19-02; 93-504, eff. 1-1-04;
22		93-530, eff. 1-1-04; revised 9-11-03.)
23		(105 ILCS 5/34-8.1) (from Ch. 122, par. 34-8.1)
24		Sec. 34-8.1. Principals. Principals shall be employed to
25		supervise the operation of each attendance center. Their powers
26		and duties shall include but not be limited to the authority
27		(i) to direct, supervise, evaluate, and suspend with or without
28		pay or otherwise discipline all teachers, assistant
29		principals, and other employees assigned to the attendance
30		center in accordance with board rules and policies and (ii) to
31		direct all other persons assigned to the attendance center
32		pursuant to a contract with a third party to provide services
33		to the school system. The right to employ, discharge, and
34		layoff shall be vested solely with the board, provided that
35		decisions to discharge or suspend non-certified employees,

1		including disciplinary layoffs, and the termination of
2		certified employees from employment pursuant to a layoff or
3		reassignment policy are subject to review under the grievance
4		resolution procedure adopted pursuant to subsection (c) of
5		Section 10 of the Illinois Educational Labor Relations Act. The
6		grievance resolution procedure adopted by the board shall
7		provide for final and binding arbitration, and,
8		notwithstanding any other provision of law to the contrary, the
9		arbitrator's decision may include all make-whole relief,
10		including without limitation reinstatement. The principal
11		shall fill positions by appointment as provided in this Section
12		and may make recommendations to the board regarding the
13		employment, discharge, or layoff of any individual. The
14		authority of the principal shall include the authority to
15		direct the hours during which the attendance center shall be
16		open and available for use provided the use complies with board
17		rules and policies, to determine when and what operations shall
18		be conducted within those hours, and to schedule staff within
19		those hours. Under the direction of, and subject to the
20		authority of the principal, the Engineer In Charge shall be
21		accountable for the safe, economical operation of the plant and
22		grounds and shall also be responsible for orientation,
23		training, and supervising the work of Engineers, Trainees,
24		school maintenance assistants, custodial workers and other
25		plant operation employees under his or her direction.
26		There shall be established by the board a system of
27		semi-annual evaluations conducted by the principal as to
28		performance of the engineer in charge. Nothing in this Section
29		shall prevent the principal from conducting additional
30		evaluations. An overall numerical rating shall be given by the
31		principal based on the evaluation conducted by the principal.
32		An unsatisfactory numerical rating shall result in
33		disciplinary action, which may include, without limitation and
34		in the judgment of the principal, loss of promotion or bidding
35		procedure, reprimand, suspension with or without pay, or
36		recommended dismissal. The board shall establish procedures

1		for conducting the evaluation and reporting the results to the
2		engineer in charge.
3		Under the direction of, and subject to the authority of,
4		the principal, the Food Service Manager is responsible at all
5		times for the proper operation and maintenance of the lunch
6		room to which he is assigned and shall also be responsible for
7		the orientation, training, and supervising the work of cooks,
8		bakers, porters, and lunchroom attendants under his or her
9		direction.
10		There shall be established by the Board a system of
11		semi-annual evaluations conducted by the principal as to the
12		performance of the food service manager. Nothing in this
13		Section shall prevent the principal from conducting additional
14		evaluations. An overall numerical rating shall be given by the
15		principal based on the evaluation conducted by the principal.
16		An unsatisfactory numerical rating shall result in
17		disciplinary action which may include, without limitation and
18		in the judgment of the principal, loss of promotion or bidding
19		procedure, reprimand, suspension with or without pay, or
20		recommended dismissal. The board shall establish rules for
21		conducting the evaluation and reporting the results to the food
22		service manager.
23		Nothing in this Section shall be interpreted to require the
24		employment or assignment of an Engineer-In-Charge or a Food
25		Service Manager for each attendance center.
26		Principals shall be employed to supervise the educational
27		operation of each attendance center. If a principal is absent
28		due to extended illness or leave or absence, an assistant
29		principal may be assigned as acting principal for a period not
30		to exceed 100 school days. Each principal shall assume
31		administrative responsibility and instructional leadership, in
32		accordance with reasonable rules and regulations of the board,
33		for the planning, operation and evaluation of the educational
34		program of the attendance center to which he is assigned. The
35		principal shall submit recommendations to the general
36		superintendent concerning the appointment, dismissal,

1		retention, promotion, and assignment of all personnel assigned
2		to the attendance center; provided, that from and after
3		September 1, 1989: (i) if any vacancy occurs in a position at
4		the attendance center or if an additional or new position is
5		created at the attendance center, that position shall be filled
6		by appointment made by the principal in accordance with
7		procedures established and provided by the Board whenever the
8		majority of the duties included in that position are to be
9		performed at the attendance center which is under the
10		principal's supervision, and each such appointment so made by
11		the principal shall be made and based upon merit and ability to
12		perform in that position without regard to seniority or length
13		of service, provided, that such appointments shall be subject
14		to the Board's desegregation obligations, including but not
15		limited to the Consent Decree and Desegregation Plan in U.S. v.
16		Chicago Board of Education; (ii) the principal shall submit
17		recommendations based upon merit and ability to perform in the
18		particular position, without regard to seniority or length of
19		service, to the general superintendent concerning the
20		appointment of any teacher, teacher aide, counselor, clerk,
21		hall guard, security guard and any other personnel which is to
22		be made by the general superintendent whenever less than a
23		majority of the duties of that teacher, teacher aide,
24		counselor, clerk, hall guard, and security guard and any other
25		personnel are to be performed at the attendance center which is
26		under the principal's supervision; and (iii) subject to law and
27		the applicable collective bargaining agreements, the authority
28		and responsibilities of a principal with respect to the
29		evaluation of all teachers and other personnel assigned to an
30		attendance center shall commence immediately upon his or her
31		appointment as principal of the attendance center, without
32		regard to the length of time that he or she has been the
33		principal of that attendance center.
34		Notwithstanding the existence of any other law of this
35		State, nothing in this Act shall prevent the board from
36		entering into a contract with a third party for services

1		currently performed by any employee or bargaining unit member.
2		Notwithstanding any other provision of this Article, each
3		principal may approve contracts, binding on the board, in the
4		amount of no more than $10,000, if the contract is endorsed by
5		the Local School Council.
6		Unless otherwise prohibited by law or by rule of the board,
7		the principal shall provide to local school council members
8		copies of all internal audits and any other pertinent
9		information generated by any audits or reviews of the programs
10		and operation of the attendance center.
11		Each principal shall hold a valid administrative
12		certificate issued or exchanged in accordance with Article 21
13		and endorsed as required by that Article for the position of
14		principal. The board may establish or impose academic,
15		educational, examination, and experience requirements and
16		criteria that are in addition to those established and required
17		by Article 21 for issuance of a valid certificate endorsed for
18		the position of principal as a condition of the nomination,
19		selection, appointment, employment, or continued employment of
20		a person as principal of any attendance center, or as a
21		condition of the renewal of any principal's performance
22		contract.
23		The board shall specify in its formal job description for
24		principals, and from and after July 1, 1990 shall specify in
25		the 4 year performance contracts for use with respect to all
26		principals, that his or her primary responsibility is in the
27		improvement of instruction. A majority of the time spent by a
28		principal shall be spent on curriculum and staff development
29		through both formal and informal activities, establishing
30		clear lines of communication regarding school goals,
31		accomplishments, practices and policies with parents and
32		teachers. The principal, with the assistance of the local
33		school council, shall develop a school improvement plan as
34		provided in Section 34-2.4 and, upon approval of the plan by
35		the local school council, shall be responsible for directing
36		implementation of the plan. The principal, with the assistance

1		of the professional personnel leadership committee, shall
2		develop the specific methods and contents of the school's
3		curriculum within the board's system-wide curriculum standards
4		and objectives and the requirements of the school improvement
5		plan. The board shall ensure that all principals are evaluated
6		on their instructional leadership ability and their ability to
7		maintain a positive education and learning climate. It shall
8		also be the responsibility of the principal to utilize
9		resources of proper law enforcement agencies when the safety
10		and welfare of students and teachers are threatened by illegal
11		use of drugs and alcohol, by illegal use or possession of
12		weapons, or by illegal gang activity.
13		On or before October 1, 1989, the Board of Education, in
14		consultation with any professional organization representing
15		principals in the district, shall promulgate rules and
16		implement a lottery for the purpose of determining whether a
17		principal's existing performance contract (including the
18		performance contract applicable to any principal's position in
19		which a vacancy then exists) expires on June 30, 1990 or on
20		June 30, 1991, and whether the ensuing 4 year performance
21		contract begins on July 1, 1990 or July 1, 1991. The Board of
22		Education shall establish and conduct the lottery in such
23		manner that of all the performance contracts of principals
24		(including the performance contracts applicable to all
25		principal positions in which a vacancy then exists), 50% of
26		such contracts shall expire on June 30, 1990, and 50% shall
27		expire on June 30, 1991. All persons serving as principal on
28		May 1, 1989, and all persons appointed as principal after May
29		1, 1989 and prior to July 1, 1990 or July 1, 1991, in a manner
30		other than as provided by Section 34-2.3, shall be deemed by
31		operation of law to be serving under a performance contract
32		which expires on June 30, 1990 or June 30, 1991; and unless
33		such performance contract of any such principal is renewed (or
34		such person is again appointed to serve as principal) in the
35		manner provided by Section 34-2.2 or 34-2.3, the employment of
36		such person as principal shall terminate on June 30, 1990 or

1		June 30, 1991.
2		Commencing on July 1, 1990, or on July 1, 1991, and
3		thereafter, the principal of each attendance center shall be
4		the person selected in the manner provided by Section 34-2.3 to
5		serve as principal of that attendance center under a 4 year
6		performance contract. All performance contracts of principals
7		expiring after July 1, 1990, or July 1, 1991, shall commence on
8		the date specified in the contract, and the renewal of their
9		performance contracts and the appointment of principals when
10		their performance contracts are not renewed shall be governed
11		by Sections 34-2.2 and 34-2.3. Whenever a vacancy in the office
12		of a principal occurs for any reason, the vacancy shall be
13		filled by the selection of a new principal to serve under a 4
14		year performance contract in the manner provided by Section
15		34-2.3.
16		The board of education shall develop and prepare, in
17		consultation with the organization representing principals, a
18		performance contract for use at all attendance centers, and
19		shall furnish the same to each local school council. The term
20		of the performance contract shall be 4 years, unless the
21		principal is retained by the decision of a hearing officer
22		pursuant to subdivision 1.5 of Section 34-2.3, in which case
23		the contract shall be extended for 2 years. The performance
24		contract of each principal shall consist of the uniform
25		performance contract, as developed or from time to time
26		modified by the board, and such additional criteria as are
27		established by a local school council pursuant to Section
28		34-2.3 for the performance contract of its principal.
29		During the term of his or her performance contract, a
30		principal may be removed only as provided for in the
31		performance contract except for cause. He or she shall also be
32		obliged to follow the rules of the board of education
33		concerning conduct and efficiency.
34		In the event the performance contract of a principal is not
35		renewed or a principal is not reappointed as principal under a
36		new performance contract, or in the event a principal is

1		appointed to any position of superintendent or higher position,
2		or voluntarily resigns his position of principal, his or her
3		employment as a principal shall terminate and such former
4		principal shall not be reinstated to the position from which he
5		or she was promoted to principal, except that he or she, if
6		otherwise qualified and certified in accordance with Article
7		21, shall be placed by the board on appropriate eligibility
8		lists which it prepares for use in the filling of vacant or
9		additional or newly created positions for teachers. The
10		principal's total years of service to the board as both a
11		teacher and a principal, or in other professional capacities,
12		shall be used in calculating years of experience for purposes
13		of being selected as a teacher into new, additional or vacant
14		positions.
15		In the event the performance contract of a principal is not
16		renewed or a principal is not reappointed as principal under a
17		new performance contract, such principal shall be eligible to
18		continue to receive his or her previously provided level of
19		health insurance benefits for a period of 90 days following the
20		non-renewal of the contract at no expense to the principal,
21		provided that such principal has not retired.
22		(Source: P.A. 93-3, eff. 4-16-03; 93-48, eff. 7-1-03; revised
23		9-11-03.)
24		(105 ILCS 5/34-18.23)
25		Sec. 34-18.23. Medical information form for bus drivers and
26		emergency medical technicians. The school district is
27		encouraged to create and use an emergency medical information
28		form for bus drivers and emergency medical technicians for
29		those students with special needs or medical conditions. The
30		form may include without limitation information to be provided
31		by the student's parent or legal guardian concerning the
32		student's relevant medical conditions, medications that the
33		student is taking, the student's communication skills, and how
34		a bus driver or an emergency medical technician is to respond
35		to certain behaviors of the student. If the form is used, the

1		school district is encouraged to notify parents and legal
2		guardians of the availability of the form. The parent or legal
3		guardian of the student may fill out the form and submit it to
4		the school that the student is attending. The school district
5		is encouraged to keep one copy of the form on file at the
6		school and another copy on the student's school bus in a secure
7		location.
8		(Source: P.A. 92-580, eff. 7-1-02.)
9		(105 ILCS 5/34-18.25)
10		Sec. 34-18.25 34-18.23. Psychotropic or psychostimulant
11		medication; disciplinary action.
12		(a) In this Section:
13		"Psychostimulant medication" means medication that
14		produces increased levels of mental and physical energy and
15		alertness and an elevated mood by stimulating the central
16		nervous system.
17		"Psychotropic medication" means psychotropic medication as
18		defined in Section 1-121.1 of the Mental Health and
19		Developmental Disabilities Code.
20		(b) The board must adopt and implement a policy that
21		prohibits any disciplinary action that is based totally or in
22		part on the refusal of a student's parent or guardian to
23		administer or consent to the administration of psychotropic or
24		psychostimulant medication to the student.
25		The policy must require that, at least once every 2 years,
26		the in-service training of certified school personnel and
27		administrators include training on current best practices
28		regarding the identification and treatment of attention
29		deficit disorder and attention deficit hyperactivity disorder,
30		the application of non-aversive behavioral interventions in
31		the school environment, and the use of psychotropic or
32		psychostimulant medication for school-age children.
33		(c) This Section does not prohibit school medical staff, an
34		individualized educational program team, or a professional
35		worker (as defined in Section 14-1.10 of this Code) from

1		recommending that a student be evaluated by an appropriate
2		medical practitioner or prohibit school personnel from
3		consulting with the practitioner with the consent of the
4		student's parents or guardian.
5		(Source: P.A. 92-663, eff. 1-1-03; revised 9-3-02.)
6		(105 ILCS 5/34-18.26)
7		Sec. 34-18.26. Sharing information on school lunch
8		applicants. The board shall, whenever requested by the
9		Department of Public Aid, agree in writing with the Department
10		of Public Aid (as the State agency that administers the State
11		Medical Assistance Program as provided in Title XIX of the
12		federal Social Security Act and the State Children's Health
13		Insurance Program as provided in Title XXI of the federal
14		Social Security Act) to share with the Department of Public Aid
15		information on applicants for free or reduced-price lunches.
16		The board shall, whenever requested by the Department of Public
17		Aid, require each of its schools to agree in writing with the
18		Department of Public Aid to share with the Department of Public
19		Aid information on applicants for free or reduced-price
20		lunches. This sharing of information shall be for the sole
21		purpose of helping the Department of Public Aid identify and
22		enroll children in the State Medical Assistance Program or the
23		State Children's Health Insurance Program or both as allowed
24		under 42 U.S.C. Sec. 1758(b)(2)(C)(iii)(IV) and under the
25		restrictions set forth in 42 U.S.C. Sec. 1758(b)(2)(C)(vi) and
26		(vii).
27		(Source: P.A. 93-404, eff. 8-1-03.)
28		(105 ILCS 5/34-18.27)
29		Sec. 34-18.27 34-18.26. Summer kindergarten. The board may
30		establish, maintain, and operate, in connection with the
31		kindergarten program of the school district, a summer
32		kindergarten program that begins 2 months before the beginning
33		of the regular school year and a summer kindergarten program
34		for grade one readiness for those pupils making unsatisfactory

1		progress during the regular kindergarten session that will
2		continue for 2 months after the regular school year. The summer
3		kindergarten program may be held within the school district or,
4		pursuant to a contract that must be approved by the State Board
5		of Education, may be operated by 2 or more adjacent school
6		districts or by a public or private university or college.
7		Transportation for students attending the summer kindergarten
8		program shall be the responsibility of the school district. The
9		expense of establishing, maintaining, and operating the summer
10		kindergarten program may be paid from funds contributed or
11		otherwise made available to the school district for that
12		purpose by federal or State appropriation.
13		(Source: P.A. 93-472, eff. 8-8-03; revised 9-24-03.)
14		(105 ILCS 5/34-18.28)
15		Sec. 34-18.28 34-18.26. Prison tour pilot program. The
16		board shall establish a pilot program to prevent crime by
17		developing guidelines to identify students at risk of
18		committing crimes. "Students at risk of committing crimes"
19		shall be limited to those students who have engaged in serious
20		acts of misconduct in violation of the board's policy on
21		discipline. This program, in cooperation with the Department of
22		Corrections, shall include a guided tour of a prison for each
23		student so identified in order to discourage criminal behavior.
24		The touring of a prison under this Section shall be subject to
25		approval, in writing, of a student's parent or guardian.
26		(Source: P.A. 93-538, eff. 1-1-04; revised 9-24-03.)
27		(105 ILCS 5/34-18.29)
28		Sec. 34-18.29 34-18.26. Provision of student information
29		prohibited. The school district may not provide a student's
30		name, address, telephone number, social security number,
31		e-mail address, or other personal identifying information to a
32		business organization or financial institution that issues
33		credit or debit cards.
34		(Source: P.A. 93-549, eff. 8-19-03; revised 9-24-03.)

1		Section 265. The Southern Illinois University Management
2		Act is amended by setting forth and renumbering multiple
3		versions of Section 15 as follows:
4		(110 ILCS 520/15)
5		Sec. 15. Limitation on tuition increase. This Section
6		applies only to those students who first enroll after the
7		2003-2004 academic year. For 4 continuous academic years
8		following initial enrollment (or for undergraduate programs
9		that require more than 4 years to complete, for the normal time
10		to complete the program, as determined by the University), the
11		tuition charged an undergraduate student who is an Illinois
12		resident shall not exceed the amount that the student was
13		charged at the time he or she first enrolled in the University.
14		However, if the student changes majors during this time period,
15		the tuition charged the student shall equal the amount the
16		student would have been charged had he or she been admitted to
17		the changed major when he or she first enrolled.
18		(Source: P.A. 93-228, eff. 1-1-04.)
19		(110 ILCS 520/16)
20		Sec. 16 15. Provision of student information prohibited.
21		The University may not provide a student's name, address,
22		telephone number, social security number, e-mail address, or
23		other personal identifying information to a business
24		organization or financial institution that issues credit or
25		debit cards, unless the student is 21 years of age or older.
26		(Source: P.A. 93-549, eff. 8-19-03; revised 9-24-03.)

27		Section 270. The Chicago State University Law is amended by
28		setting forth and renumbering multiple versions of Section
29		5-120 as follows:
30		(110 ILCS 660/5-120)
31		Sec. 5-120. Limitation on tuition increase. This Section

1		applies only to those students who first enroll after the
2		2003-2004 academic year. For 4 continuous academic years
3		following initial enrollment (or for undergraduate programs
4		that require more than 4 years to complete, for the normal time
5		to complete the program, as determined by the University), the
6		tuition charged an undergraduate student who is an Illinois
7		resident shall not exceed the amount that the student was
8		charged at the time he or she first enrolled in the University.
9		However, if the student changes majors during this time period,
10		the tuition charged the student shall equal the amount the
11		student would have been charged had he or she been admitted to
12		the changed major when he or she first enrolled.
13		(Source: P.A. 93-228; eff. 1-1-04.)
14		(110 ILCS 660/5-125)
15		Sec. 5-125 5-120. Provision of student information
16		prohibited. The University may not provide a student's name,
17		address, telephone number, social security number, e-mail
18		address, or other personal identifying information to a
19		business organization or financial institution that issues
20		credit or debit cards, unless the student is 21 years of age or
21		older.
22		(Source: P.A. 93-549, eff. 8-19-03; revised 9-24-03.)

23		Section 275. The Eastern Illinois University Law is amended
24		by setting forth and renumbering multiple versions of Section
25		10-120 as follows:
26		(110 ILCS 665/10-120)
27		Sec. 10-120. Limitation on tuition increase. This Section
28		applies only to those students who first enroll after the
29		2003-2004 academic year. For 4 continuous academic years
30		following initial enrollment (or for undergraduate programs
31		that require more than 4 years to complete, for the normal time
32		to complete the program, as determined by the University), the
33		tuition charged an undergraduate student who is an Illinois

1		resident shall not exceed the amount that the student was
2		charged at the time he or she first enrolled in the University.
3		However, if the student changes majors during this time period,
4		the tuition charged the student shall equal the amount the
5		student would have been charged had he or she been admitted to
6		the changed major when he or she first enrolled.
7		(Source: P.A. 93-228, eff. 1-1-04.)
8		(110 ILCS 665/10-125)
9		Sec. 10-125 10-120. Provision of student information
10		prohibited. The University may not provide a student's name,
11		address, telephone number, social security number, e-mail
12		address, or other personal identifying information to a
13		business organization or financial institution that issues
14		credit or debit cards, unless the student is 21 years of age or
15		older.
16		(Source: P.A. 93-549, eff. 8-19-03; revised 9-24-03.)

17		Section 280. The Governors State University Law is amended
18		by setting forth and renumbering multiple versions of Section
19		15-120 as follows:
20		(110 ILCS 670/15-120)
21		Sec. 15-120. Limitation on tuition increase. This Section
22		applies only to those students who first enroll after the
23		2003-2004 academic year. For 4 continuous academic years
24		following initial enrollment (or for undergraduate programs
25		that require more than 4 years to complete, for the normal time
26		to complete the program, as determined by the University), the
27		tuition charged an undergraduate student who is an Illinois
28		resident shall not exceed the amount that the student was
29		charged at the time he or she first enrolled in the University.
30		However, if the student changes majors during this time period,
31		the tuition charged the student shall equal the amount the
32		student would have been charged had he or she been admitted to
33		the changed major when he or she first enrolled.

1		(Source: P.A. 93-228, eff. 1-1-04.)
2		(110 ILCS 670/15-125)
3		Sec. 15-125 15-120. Provision of student information
4		prohibited. The University may not provide a student's name,
5		address, telephone number, social security number, e-mail
6		address, or other personal identifying information to a
7		business organization or financial institution that issues
8		credit or debit cards, unless the student is 21 years of age or
9		older.
10		(Source: P.A. 93-549, eff. 8-19-03; revised 9-24-03.)

11		Section 285. The Illinois State University Law is amended
12		by setting forth and renumbering multiple versions of Section
13		20-125 as follows:
14		(110 ILCS 675/20-125)
15		Sec. 20-125. Limitation on tuition increase. This Section
16		applies only to those students who first enroll after the
17		2003-2004 academic year. For 4 continuous academic years
18		following initial enrollment (or for undergraduate programs
19		that require more than 4 years to complete, for the normal time
20		to complete the program, as determined by the University), the
21		tuition charged an undergraduate student who is an Illinois
22		resident shall not exceed the amount that the student was
23		charged at the time he or she first enrolled in the University.
24		However, if the student changes majors during this time period,
25		the tuition charged the student shall equal the amount the
26		student would have been charged had he or she been admitted to
27		the changed major when he or she first enrolled.
28		(Source: P.A. 93-228, eff. 1-1-04.)
29		(110 ILCS 675/20-130)
30		Sec. 20-130 20-125. Provision of student information
31		prohibited. The University may not provide a student's name,
32		address, telephone number, social security number, e-mail

1		address, or other personal identifying information to a
2		business organization or financial institution that issues
3		credit or debit cards, unless the student is 21 years of age or
4		older.
5		(Source: P.A. 93-549, eff. 8-19-03; revised 9-24-03.)

6		Section 290. The Northeastern Illinois University Law is
7		amended by setting forth and renumbering multiple versions of
8		Section 25-120 as follows:
9		(110 ILCS 680/25-120)
10		Sec. 25-120. Limitation on tuition increase. This Section
11		applies only to those students who first enroll after the
12		2003-2004 academic year. For 4 continuous academic years
13		following initial enrollment (or for undergraduate programs
14		that require more than 4 years to complete, for the normal time
15		to complete the program, as determined by the University), the
16		tuition charged an undergraduate student who is an Illinois
17		resident shall not exceed the amount that the student was
18		charged at the time he or she first enrolled in the University.
19		However, if the student changes majors during this time period,
20		the tuition charged the student shall equal the amount the
21		student would have been charged had he or she been admitted to
22		the changed major when he or she first enrolled.
23		(Source: P.A. 93-228, eff. 1-1-04.)
24		(110 ILCS 680/25-125)
25		Sec. 25-125 25-120. Provision of student information
26		prohibited. The University may not provide a student's name,
27		address, telephone number, social security number, e-mail
28		address, or other personal identifying information to a
29		business organization or financial institution that issues
30		credit or debit cards, unless the student is 21 years of age or
31		older.
32		(Source: P.A. 93-549, eff. 8-19-03; revised 9-24-03.)

1		Section 295. The Northern Illinois University Law is
2		amended by setting forth and renumbering multiple versions of
3		Section 30-130 as follows:
4		(110 ILCS 685/30-130)
5		Sec. 30-130. Limitation on tuition increase. This Section
6		applies only to those students who first enroll after the
7		2003-2004 academic year. For 4 continuous academic years
8		following initial enrollment (or for undergraduate programs
9		that require more than 4 years to complete, for the normal time
10		to complete the program, as determined by the University), the
11		tuition charged an undergraduate student who is an Illinois
12		resident shall not exceed the amount that the student was
13		charged at the time he or she first enrolled in the University.
14		However, if the student changes majors during this time period,
15		the tuition charged the student shall equal the amount the
16		student would have been charged had he or she been admitted to
17		the changed major when he or she first enrolled.
18		(Source: P.A. 93-228, eff. 1-1-04.)
19		(110 ILCS 685/30-135)
20		Sec. 30-135 30-130. Provision of student information
21		prohibited. The University may not provide a student's name,
22		address, telephone number, social security number, e-mail
23		address, or other personal identifying information to a
24		business organization or financial institution that issues
25		credit or debit cards, unless the student is 21 years of age or
26		older.
27		(Source: P.A. 93-549, eff. 8-19-03; revised 9-24-03.)

28		Section 300. The Western Illinois University Law is amended
29		by setting forth and renumbering multiple versions of Section
30		35-125 as follows:
31		(110 ILCS 690/35-125)
32		Sec. 35-125. Limitation on tuition increase. This Section

1		applies only to those students who first enroll after the
2		2003-2004 academic year. The tuition charged an undergraduate
3		student who is an Illinois resident shall not exceed the amount
4		that the student was charged at the time he or she first
5		enrolled at the University as an Illinois resident if that
6		student first enrolled not more than 3 and one-half academic
7		years before. However, if the student changes majors during
8		this time period, the tuition charged the student shall equal
9		the amount the student would have been charged had he or she
10		been admitted to the changed major when he or she first
11		enrolled.
12		(Source: P.A. 93-228, eff. 1-1-04.)
13		(110 ILCS 690/35-130)
14		Sec. 35-130 35-125. Provision of student information
15		prohibited. The University may not provide a student's name,
16		address, telephone number, social security number, e-mail
17		address, or other personal identifying information to a
18		business organization or financial institution that issues
19		credit or debit cards, unless the student is 21 years of age or
20		older.
21		(Source: P.A. 93-549, eff. 8-19-03; revised 9-24-03.)

22		Section 305. The Public Community College Act is amended by
23		changing Section 2-16.08 as follows:
24		(110 ILCS 805/2-16.08)
25		Sec. 2-16.08. ICCB Federal Trust Fund. The ICCB Federal
26		Trust Fund is created as a special fund in the State treasury.
27		Money recovered from federal programs for general
28		administration that is are received by the State Board shall be
29		deposited into the ICCB Federal Trust Fund. All money in the
30		ICCB Federal Trust Fund shall be used, subject to appropriation
31		by the General Assembly, by the State Board for the ordinary
32		and contingent expenses of the State Board.
33		(Source: P.A. 93-153, eff. 7-10-03; revised 1-14-04.)

1		Section 310. The Higher Education Loan Act is amended by
2		changing Sections 3, 3.01, and 5 as follows:
3		(110 ILCS 945/3) (from Ch. 144, par. 1603)
4		Sec. 3. Definitions. In this Act, unless the context
5		otherwise requires, the terms specified in Sections 3.01
6		through 3.13 of this Act and the Illinois Finance Facilities
7		Authority Act have the meanings ascribed to them in those Acts.
8		(Source: P.A. 93-205, eff. 1-1-04; revised 10-9-03.)
9		(110 ILCS 945/3.01) (from Ch. 144, par. 1603.01)
10		Sec. 3.01. Authority. "Authority" means the Illinois State
11		Finance Authority created by the Illinois State Finance
12		Authority Act.
13		(Source: P.A. 93-205, eff. 1-1-04; revised 10-9-03.)
14		(110 ILCS 945/5) (from Ch. 144, par. 1605)
15		Sec. 5. Transfer of functions from the Illinois Educational
16		Facilities Authority to the Illinois Finance Authority. The
17		Illinois Finance Authority created by the Illinois Finance
18		Authority Act shall succeed to, assume and exercise all rights,
19		powers, duties and responsibilities formerly exercised by the
20		Illinois Educational Facilities Authority prior to the
21		abolition of that Authority by this amendatory Act of the 93rd
22		General Assembly. All books, records, papers, documents and
23		pending business in any way pertaining to the former Illinois
24		Educational Facilities Authority are transferred to the
25		Illinois State Finance Authority, but any rights or obligations
26		of any person under any contract made by, or under any rules,
27		regulations, uniform standards, criteria and guidelines
28		established or approved by, such former Illinois Educational
29		Facilities Authority shall be unaffected thereby. All bonds,
30		notes or other evidences of indebtedness outstanding on the
31		effective date of this amendatory Act of the 93rd General
32		Assembly shall be unaffected by the transfer of functions to

1		the Illinois Finance Authority. No rule, regulation, standard,
2		criteria or guideline promulgated, established or approved by
3		the former Illinois Educational Facilities Authority pursuant
4		to an exercise of any right, power, duty or responsibility
5		assumed by and transferred to the Illinois Finance Authority
6		shall be affected by this amendatory Act of the 93rd General
7		Assembly, and all such rules, regulations, standards, criteria
8		and guidelines shall become those of the Illinois Finance
9		Authority until such time as they are amended or repealed by
10		the Authority.
11		(Source: P.A. 93-205, eff. 1-1-04; revised 10-9-03.)

12		Section 315. The Illinois Educational Labor Relations Act
13		is amended by changing Sections 2 and 7 as follows:
14		(115 ILCS 5/2) (from Ch. 48, par. 1702)
15		Sec. 2. Definitions. As used in this Act:
16		(a) "Educational employer" or "employer" means the
17		governing body of a public school district, combination of
18		public school districts, including the governing body of joint
19		agreements of any type formed by 2 or more school districts,
20		public community college district or State college or
21		university, and any State agency whose major function is
22		providing educational services. "Educational employer" or
23		"employer" does not include a Financial Oversight Panel created
24		pursuant to Section 1A-8 of the School Code due to a district
25		violating a financial plan but does include a School Finance
26		Authority created under Article 1E or 1F of the School Code.
27		(b) "Educational employee" or "employee" means any
28		individual, excluding supervisors, managerial, confidential,
29		short term employees, student, and part-time academic
30		employees of community colleges employed full or part time by
31		an educational employer, but shall not include elected
32		officials and appointees of the Governor with the advice and
33		consent of the Senate, firefighters as defined by subsection
34		(g-1) of Section 3 of the Illinois Public Labor Relations Act,

1		and peace officers employed by a State university. For the
2		purposes of this Act, part-time academic employees of community
3		colleges shall be defined as those employees who provide less
4		than 3 credit hours of instruction per academic semester.
5		(c) "Employee organization" or "labor organization" means
6		an organization of any kind in which membership includes
7		educational employees, and which exists for the purpose, in
8		whole or in part, of dealing with employers concerning
9		grievances, employee-employer disputes, wages, rates of pay,
10		hours of employment, or conditions of work, but shall not
11		include any organization which practices discrimination in
12		membership because of race, color, creed, age, gender, national
13		origin or political affiliation.
14		(d) "Exclusive representative" means the labor
15		organization which has been designated by the Illinois
16		Educational Labor Relations Board as the representative of the
17		majority of educational employees in an appropriate unit, or
18		recognized by an educational employer prior to January 1, 1984
19		as the exclusive representative of the employees in an
20		appropriate unit or, after January 1, 1984, recognized by an
21		employer upon evidence that the employee organization has been
22		designated as the exclusive representative by a majority of the
23		employees in an appropriate unit.
24		(e) "Board" means the Illinois Educational Labor Relations
25		Board.
26		(f) "Regional Superintendent" means the regional
27		superintendent of schools provided for in Articles 3 and 3A of
28		The School Code.
29		(g) "Supervisor" means any individual having authority in
30		the interests of the employer to hire, transfer, suspend, lay
31		off, recall, promote, discharge, reward or discipline other
32		employees within the appropriate bargaining unit and adjust
33		their grievances, or to effectively recommend such action if
34		the exercise of such authority is not of a merely routine or
35		clerical nature but requires the use of independent judgment.
36		The term "supervisor" includes only those individuals who

1		devote a preponderance of their employment time to such
2		exercising authority.
3		(h) "Unfair labor practice" or "unfair practice" means any
4		practice prohibited by Section 14 of this Act.
5		(i) "Person" includes an individual, educational employee,
6		educational employer, legal representative, or employee
7		organization.
8		(j) "Wages" means salaries or other forms of compensation
9		for services rendered.
10		(k) "Professional employee" means, in the case of a public
11		community college, State college or university, State agency
12		whose major function is providing educational services, the
13		Illinois School for the Deaf, and the Illinois School for the
14		Visually Impaired, (1) any employee engaged in work (i)
15		predominantly intellectual and varied in character as opposed
16		to routine mental, manual, mechanical, or physical work; (ii)
17		involving the consistent exercise of discretion and judgment in
18		its performance; (iii) of such character that the output
19		produced or the result accomplished cannot be standardized in
20		relation to a given period of time; and (iv) requiring
21		knowledge of an advanced type in a field of science or learning
22		customarily acquired by a prolonged course of specialized
23		intellectual instruction and study in an institution of higher
24		learning or a hospital, as distinguished from a general
25		academic education or from an apprenticeship or from training
26		in the performance of routine mental, manual, or physical
27		processes; or (2) any employee, who (i) has completed the
28		courses of specialized intellectual instruction and study
29		described in clause (iv) of paragraph (1) of this subsection,
30		and (ii) is performing related work under the supervision of a
31		professional person to qualify himself or herself to become a
32		professional as defined in paragraph (l).
33		(l) "Professional employee" means, in the case of any
34		public school district, or combination of school districts
35		pursuant to joint agreement, any employee who has a certificate
36		issued under Article 21 or Section 34-83 of the School Code, as

1		now or hereafter amended.
2		(m) "Unit" or "bargaining unit" means any group of
3		employees for which an exclusive representative is selected.
4		(n) "Confidential employee" means an employee, who (i) in
5		the regular course of his or her duties, assists and acts in a
6		confidential capacity to persons who formulate, determine and
7		effectuate management policies with regard to labor relations
8		or who (ii) in the regular course of his or her duties has
9		access to information relating to the effectuation or review of
10		the employer's collective bargaining policies.
11		(o) "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 such management policies and practices.
15		(p) "Craft employee" means a skilled journeyman, craft
16		person, and his or her apprentice or helper.
17		(q) "Short-term employee" is an employee who is employed
18		for less than 2 consecutive calendar quarters during a calendar
19		year and who does not have a reasonable expectation that he or
20		she will be rehired by the same employer for the same service
21		in a subsequent calendar year. Nothing in this subsection shall
22		affect the employee status of individuals who were covered by a
23		collective bargaining agreement on the effective date of this
24		amendatory Act of 1991.
25		(Source: P.A. 92-547, eff. 6-13-02; 92-748, eff. 1-1-03;
26		93-314, eff. 1-1-04; 93-501, eff. 8-11-03; revised 9-11-03.)
27		(115 ILCS 5/7) (from Ch. 48, par. 1707)
28		Sec. 7. Recognition of exclusive bargaining
29		representatives - unit determination. The Board is empowered to
30		administer the recognition of bargaining representatives of
31		employees of public school districts, including employees of
32		districts which have entered into joint agreements, or
33		employees of public community college districts, or any State
34		college or university, and any State agency whose major
35		function is providing educational services, making certain

1		that each bargaining unit contains employees with an
2		identifiable community of interest and that no unit includes
3		both professional employees and nonprofessional employees
4		unless a majority of employees in each group vote for inclusion
5		in the unit.
6		(a) In determining the appropriateness of a unit, the Board
7		shall decide in each case, in order to ensure employees the
8		fullest freedom in exercising the rights guaranteed by this
9		Act, the unit appropriate for the purpose of collective
10		bargaining, based upon but not limited to such factors as
11		historical pattern of recognition, community of interest,
12		including employee skills and functions, degree of functional
13		integration, interchangeability and contact among employees,
14		common supervision, wages, hours and other working conditions
15		of the employees involved, and the desires of the employees.
16		Nothing in this Act, except as herein provided, shall interfere
17		with or negate the current representation rights or patterns
18		and practices of employee organizations which have
19		historically represented employees for the purposes of
20		collective bargaining, including but not limited to the
21		negotiations of wages, hours and working conditions,
22		resolutions of employees' grievances, or resolution of
23		jurisdictional disputes, or the establishment and maintenance
24		of prevailing wage rates, unless a majority of the employees so
25		represented expresses a contrary desire under the procedures
26		set forth in this Act. This Section, however, does not prohibit
27		multi-unit bargaining. Notwithstanding the above factors,
28		where the majority of public employees of a craft so decide,
29		the Board shall designate such craft as a unit appropriate for
30		the purposes of collective bargaining.
31		The sole appropriate bargaining unit for tenured and
32		tenure-track academic faculty at each campus of the University
33		of Illinois shall be a unit that is comprised of
34		non-supervisory academic faculty employed more than half-time
35		and that includes all tenured and tenure-track faculty of that
36		University campus employed by the board of trustees in all of

1		the campus's undergraduate, graduate, and professional schools
2		and degree and non-degree programs (with the exception of the
3		college of medicine, the college of pharmacy, the college of
4		dentistry, the college of law, and the college of veterinary
5		medicine, each of which shall have its own separate unit),
6		regardless of current or historical representation rights or
7		patterns or the application of any other factors. Any decision,
8		rule, or regulation promulgated by the Board to the contrary
9		shall be null and void.
10		(b) An educational employer shall voluntarily recognize a
11		labor organization for collective bargaining purposes if that
12		organization appears to represent a majority of employees in
13		the unit. The employer shall post notice of its intent to so
14		recognize for a period of at least 20 school days on bulletin
15		boards or other places used or reserved for employee notices.
16		Thereafter, the employer, if satisfied as to the majority
17		status of the employee organization, shall send written
18		notification of such recognition to the Board for
19		certification. Any dispute regarding the majority status of a
20		labor organization shall be resolved by the Board which shall
21		make the determination of majority status.
22		Within the 20 day notice period, however, any other
23		interested employee organization may petition the Board to seek
24		recognition as the exclusive representative of the unit in the
25		manner specified by rules and regulations prescribed by the
26		Board, if such interested employee organization has been
27		designated by at least 15% of the employees in an appropriate
28		bargaining unit which includes all or some of the employees in
29		the unit intended to be recognized by the employer. In such
30		event, the Board shall proceed with the petition in the same
31		manner as provided in paragraph (c) of this Section.
32		(c) A labor organization may also gain recognition as the
33		exclusive representative by an election of the employees in the
34		unit. Petitions requesting an election may be filed with the
35		Board:
36		(1) by an employee or group of employees or any labor

1		organizations acting on their behalf alleging and
2		presenting evidence that 30% or more of the employees in a
3		bargaining unit wish to be represented for collective
4		bargaining or that the labor organization which has been
5		acting as the exclusive bargaining representative is no
6		longer representative of a majority of the employees in the
7		unit; or
8		(2) by an employer alleging that one or more labor
9		organizations have presented a claim to be recognized as an
10		exclusive bargaining representative of a majority of the
11		employees in an appropriate unit and that it doubts the
12		majority status of any of the organizations or that it
13		doubts the majority status of an exclusive bargaining
14		representative.
15		The Board shall investigate the petition and if it has
16		reasonable cause to suspect that a question of representation
17		exists, it shall give notice and conduct a hearing. If it finds
18		upon the record of the hearing that a question of
19		representation exists, it shall direct an election, which shall
20		be held no later than 90 days after the date the petition was
21		filed. Nothing prohibits the waiving of hearings by the parties
22		and the conduct of consent elections.
23		(c-5) The Board shall designate an exclusive
24		representative for purposes of collective bargaining when the
25		representative demonstrates a showing of majority interest by
26		employees in the unit. If the parties to a dispute are without
27		agreement on the means to ascertain the choice, if any, of
28		employee organization as their representative, the Board shall
29		ascertain the employees' choice of employee organization, on
30		the basis of dues deduction authorization and other evidence,
31		or, if necessary, by conducting an election. If either party
32		provides to the Board, before the designation of a
33		representative, clear and convincing evidence that the dues
34		deduction authorizations, and other evidence upon which the
35		Board would otherwise rely to ascertain the employees' choice
36		of representative, are fraudulent or were obtained through

1		coercion, the Board shall promptly thereafter conduct an
2		election. The Board shall also investigate and consider a
3		party's allegations that the dues deduction authorizations and
4		other evidence submitted in support of a designation of
5		representative without an election were subsequently changed,
6		altered, withdrawn, or withheld as a result of employer fraud,
7		coercion, or any other unfair labor practice by the employer.
8		If the Board determines that a labor organization would have
9		had a majority interest but for an employer's fraud, coercion,
10		or unfair labor practice, it shall designate the labor
11		organization as an exclusive representative without conducting
12		an election.
13		(d) An order of the Board dismissing a representation
14		petition, determining and certifying that a labor organization
15		has been fairly and freely chosen by a majority of employees in
16		an appropriate bargaining unit, determining and certifying
17		that a labor organization has not been fairly and freely chosen
18		by a majority of employees in the bargaining unit or certifying
19		a labor organization as the exclusive representative of
20		employees in an appropriate bargaining unit because of a
21		determination by the Board that the labor organization is the
22		historical bargaining representative of employees in the
23		bargaining unit, is a final order. Any person aggrieved by any
24		such order issued on or after the effective date of this
25		amendatory Act of 1987 may apply for and obtain judicial review
26		in accordance with provisions of the Administrative Review Law,
27		as now or hereafter amended, except that such review shall be
28		afforded directly in the Appellate Court of a judicial district
29		in which the Board maintains an office. Any direct appeal to
30		the Appellate Court shall be filed within 35 days from the date
31		that a copy of the decision sought to be reviewed was served
32		upon the party affected by the decision.
33		No election may be conducted in any bargaining unit during
34		the term of a collective bargaining agreement covering such
35		unit or subdivision thereof, except the Board may direct an
36		election after the filing of a petition between January 15 and

1		March 1 of the final year of a collective bargaining agreement.
2		Nothing in this Section prohibits the negotiation of a
3		collective bargaining agreement covering a period not
4		exceeding 3 years. A collective bargaining agreement of less
5		than 3 years may be extended up to 3 years by the parties if the
6		extension is agreed to in writing before the filing of a
7		petition under this Section. In such case, the final year of
8		the extension is the final year of the collective bargaining
9		agreement. No election may be conducted in a bargaining unit,
10		or subdivision thereof, in which a valid election has been held
11		within the preceding 12 month period.
12		(Source: P.A. 93-444, eff. 8-5-03; 93-445, eff. 1-1-04; revised
13		9-11-03.)

14		Section 320. The Illinois Savings and Loan Act of 1985 is
15		amended by setting forth and renumbering multiple versions of
16		Section 1-6e as follows:
17		(205 ILCS 105/1-6e)
18		Sec. 1-6e. Reverse mortgage; disclosure. At the time a
19		reverse mortgage loan is made, the lender must provide to the
20		mortgagor a separate document that informs the mortgagor that
21		by obtaining the reverse mortgage the mortgagor's eligibility
22		to obtain a tax deferral under the Senior Citizens Real Estate
23		Tax Deferral Act may be adversely affected. The mortgagor must
24		sign the disclosure document as part of the reverse mortgage
25		transaction.
26		(Source: P.A. 92-577, eff. 6-26-02.)
27		(205 ILCS 105/1-6f)
28		Sec. 1-6f 1-6e. Non-English language transactions. An
29		association may conduct transactions in a language other than
30		English through an employee or agent acting as interpreter or
31		through an interpreter provided by the customer.
32		(Source: P.A. 92-578, eff. 6-26-02; revised 9-3-02.)

1		Section 325. The Illinois Credit Union Act is amended by
2		changing Sections 13 and 30 as follows:
3		(205 ILCS 305/13) (from Ch. 17, par. 4414)
4		Sec. 13. General powers. A credit union may:
5		(1) Make contracts; sue and be sued; and adopt and use
6		a common seal and alter the same;
7		(2) Acquire, lease (either as lessee or lessor), hold,
8		pledge, mortgage, sell and dispose of real property, either
9		in whole or in part, or any interest therein, as may be
10		necessary or incidental to its present or future operations
11		and needs, subject to such limitations as may be imposed
12		thereon in rules and regulations promulgated by the
13		Director; acquire, lease (either as lessee or lessor),
14		hold, pledge, mortgage, sell and dispose of personal
15		property, either in whole or in part, or any interest
16		therein, as may be necessary or incidental to its present
17		or future operations and needs;
18		(3) At the discretion of the Board of Directors,
19		require the payment of an entrance fee or annual membership
20		fee, or both, of any person admitted to membership;
21		(4) Receive savings from its members in the form of
22		shares of various classes, or special purpose share
23		accounts; act as custodian of its members' accounts; issue
24		shares in trust as provided in this Act;
25		(5) Lend its funds to its members and otherwise as
26		hereinafter provided;
27		(6) Borrow from any source in accordance with policy
28		established by the Board of Directors to a maximum of 50%
29		of capital, surplus and reserves;
30		(7) Discount and sell any obligations owed to the
31		credit union;
32		(8) Honor requests for withdrawals or transfers of all
33		or any part of member share accounts, and any classes
34		thereof, in any manner approved by the credit union Board
35		of Directors;

1		(9) Sell all or substantially all of its assets or
2		purchase all or substantially all of the assets of another
3		credit union, subject to the prior approval of the
4		Director;
5		(10) Invest surplus funds as provided in this Act;
6		(11) Make deposits in banks, savings banks, savings and
7		loan associations, trust companies; and invest in shares,
8		classes of shares or share certificates of other credit
9		unions;
10		(12) Assess charges and fees to members in accordance
11		with board resolution;
12		(13) Hold membership in and pay dues to associations
13		and organizations; to invest in shares, stocks or
14		obligations of any credit union organization;
15		(14) Declare dividends and pay interest refunds to
16		borrowers as provided in this Act;
17		(15) Collect, receive and disburse monies in
18		connection with providing negotiable checks, money orders
19		and other money-type instruments, and for such other
20		purposes as may provide benefit or convenience to its
21		members, and charge a reasonable fee for such services;
22		(16) Act as fiscal agent for and receive deposits from
23		the federal government, this state or any agency or
24		political subdivision thereof;
25		(17) Receive savings from nonmembers in the form of
26		shares or share accounts in the case of credit unions
27		serving predominantly low-income members. The term "low
28		income members" shall mean those members who make less than
29		80% of the average for all wage earners as established by
30		the Bureau of Labor Statistics or those members whose
31		annual household income falls at or below 80% of the median
32		household income for the nation as established by the
33		Census Bureau. The term "predominantly" is defined as a
34		simple majority;
35		(18) To Establish, maintain, and operate terminals as
36		authorized by the Electronic Fund Transfer Act; and

1		(19) Subject to Article XLIV of the Illinois Insurance
2		Code, to act as the agent for any fire, life, or other
3		insurance company authorized by the State of Illinois, by
4		soliciting and selling insurance and collecting premiums
5		on policies issued by such company; and may receive for
6		services so rendered such fees or commissions as may be
7		agreed upon between the said credit union and the insurance
8		company for which it may act as agent; provided, however,
9		that no such credit union shall in any case assume or
10		guarantee the payment of any premium on insurance policies
11		issued through its agency by its principal; and provided
12		further, that the credit union shall not guarantee the
13		truth of any statement made by an assured in filing his
14		application for insurance.
15		(Source: P.A. 92-608, eff. 7-1-02; revised 1-20-03.)
16		(205 ILCS 305/30) (from Ch. 17, par. 4431)
17		Sec. 30. Duties of directors. It shall be the duty of the
18		directors to:
19		(1) Review actions on applications for membership. A
20		record of the Membership Committee's approval or denial of
21		membership or management's approval or denial of
22		membership if no Membership Committee has been appointed
23		shall be available to the Board of Directors for
24		inspection. A person denied membership by the Membership
25		Committee or credit union management may appeal the denial
26		to the Board;
27		(2) Provide adequate fidelity bond coverage for
28		officers, employees, directors and committee members, and
29		for losses caused by persons outside of the credit union,
30		subject to rules and regulations promulgated by the
31		Director;
32		(3) Determine from time to time the interest rates, not
33		in excess of that allowed under this Act, which shall be
34		charged on loans to members and to authorize interest
35		refunds, if any, to members from income earned and received

1		in proportion to the interest paid by them on such classes
2		of loans and under such conditions as the Board prescribes.
3		The Directors may establish different interest rates to be
4		charged on different classes of loans;
5		(4) Within any limitations set forth in the credit
6		union's bylaws, fix the maximum amount which may be loaned
7		with and without security to a member;
8		(5) Declare dividends on various classes of shares in
9		the manner and form as provided in the bylaws;
10		(6) Limit the number of shares which may be owned by a
11		member; such limitations to apply alike to all members;
12		(7) Have charge of the investment of funds, except that
13		the Board of Directors may designate an Investment
14		Committee or any qualified individual or entity to have
15		charge of making investments under policies established by
16		the Board of Directors;
17		(8) Authorize the employment of or contracting with
18		such persons or organizations as may be necessary to carry
19		on the operations of the credit union, provided that prior
20		approval is received from the Department before delegating
21		substantially all managerial duties and responsibilities
22		to a credit union organization, and fix the compensation,
23		if any, of the officers and provide for compensation for
24		other employees within policies established by the Board of
25		Directors;
26		(9) Authorize the conveyance of property;
27		(10) Borrow or lend money consistent with the
28		provisions of this Act;
29		(11) Designate a depository or depositories for the
30		funds of the credit union and supervise the investment of
31		funds;
32		(12) Suspend or remove, or both, for cause, any or all
33		officers or any or all members of the Membership, Credit,
34		Supervisory or other committees for failure to perform
35		their duties;
36		(13) Appoint any special committees deemed necessary;

1		and;
2		(14) Perform such other duties as the members may
3		direct, and perform or authorize any action not
4		inconsistent with this Act and not specifically reserved by
5		the bylaws to the members.
6		(Source: P.A. 92-608, eff. 7-1-02; revised 1-20-03.)

7		Section 330. The Electronic Fund Transfer Act is amended by
8		changing Section 50 as follows:
9		(205 ILCS 616/50)
10		Sec. 50. Terminal requirements.
11		(a) To assure maximum safety and security against
12		malfunction, fraud, theft, and other accidents or abuses and to
13		assure that all access devices will have the capability of
14		activating all terminals established in this State, no terminal
15		shall accept an access device that does not conform to
16		specifications that are generally accepted. In the case of a
17		dispute concerning the specifications, the Commissioner, in
18		accordance with the provisions of Section 20 of this Act, shall
19		have the authority to determine the specifications.
20		(b) No terminal that does not accept an access device that
21		conforms with those specifications shall be established or
22		operated.
23		(c) A terminal shall bear a logotype or other
24		identification symbol designed to advise customers which
25		access devices may activate the terminal.
26		(d) When used to perform an interchange transaction, a
27		terminal shall not bear any form of proprietary advertising of
28		products and services not offered at the terminal; provided,
29		however, that a terminal screen may bear proprietary
30		advertising of products or services offered by a financial
31		institution when a person uses an access device issued by that
32		financial institution.
33		(e) No person operating a terminal in this State shall
34		impose any surcharge on a consumer for the usage of that

1		terminal, whether or not the consumer is using an access device
2		issued by that person, unless that surcharge is clearly
3		disclosed to the consumer both (i) by a sign that is clearly
4		visible to the consumer on or at the terminal being used and
5		(ii) electronically on the terminal screen. Following
6		presentation of the electronic disclosure on the terminal
7		screen, the consumer shall be provided an opportunity to cancel
8		that transaction without incurring any surcharge or other
9		obligation. If a surcharge is imposed on a consumer using an
10		access device not issued by the person operating the terminal,
11		that person shall disclose on the sign and on the terminal
12		screen that the surcharge is in addition to any fee that may be
13		assessed by the consumer's own institution. As used in this
14		subsection, "surcharge" means any charge imposed by the person
15		operating the terminal solely for the use of the terminal.
16		(f) A receipt given at a terminal to a person who initiates
17		an electronic fund transfer shall include a number or code that
18		identifies the consumer initiating the transfer, the
19		consumer's account or accounts, or the access device used to
20		initiate the transfer. If the number or code shown on the
21		receipt is a number that identifies the access device, the
22		number must be truncated as printed on the receipt so that
23		fewer than all of the digits of the number or code are printed
24		on the receipt. The Commissioner may, however, modify or waive
25		the requirements imposed by this subsection (f) if the
26		Commissioner determines that the modifications or waivers are
27		necessary to alleviate any undue compliance burden.
28		(g) No terminal shall operate in this State unless, with
29		respect to each interchange transaction initiated at the
30		terminal, the access code entered by the consumer to authorize
31		the transaction is encrypted by the device into which the
32		access code is manually entered by the consumer and is
33		transmitted from the terminal only in encrypted form. Any
34		terminal that cannot meet the foregoing encryption
35		requirements shall immediately cease forwarding information
36		with respect to any interchange transaction or attempted

1		interchange transaction.
2		(h) No person that directly or indirectly provides data
3		processing support to any terminal in this State shall
4		authorize or forward for authorization any interchange
5		transaction unless the access code intended to authorize the
6		interchange transaction is encrypted when received by that
7		person and is encrypted when forwarded to any other person.
8		(i) A terminal operated in this State may be designed and
9		programmed so that when a consumer enters his or her personal
10		identification number in reverse order, the terminal
11		automatically sends an alarm to the local law enforcement
12		agency having jurisdiction over the terminal location. The
13		Commissioner shall promulgate rules necessary for the
14		implementation of this subsection.
15		(j) (i) A person operating a terminal in this State may not
16		impose a fee upon a consumer for usage of the terminal if the
17		consumer is using a Link Card or other access device issued by
18		a government agency for use in obtaining financial aid under
19		the Illinois Public Aid Code.
20		For the purpose of this subsection (j) (i), the term
21		"person operating a terminal" means the person who has control
22		over and is responsible for a terminal. The term "person
23		operating a terminal" does not mean the person who owns or
24		controls the property or building in which a terminal is
25		located, unless he or she also has control over and is
26		responsible for the terminal.
27		(Source: P.A. 93-136, eff. 1-1-04; 93-273, eff. 1-1-04; 93-583,
28		eff. 1-1-04; revised 9-11-03.)

29		Section 335. The Residential Mortgage License Act of 1987
30		is amended by changing Sections 2-4 and 2-6 as follows:
31		(205 ILCS 635/2-4) (from Ch. 17, par. 2322-4)
32		Sec. 2-4. Averments of Licensee. Each application for
33		license or for the renewal of a license shall be accompanied by
34		the following averments stating that the applicant:

1		(a) Will maintain at least one full service office
2		within the State of Illinois pursuant to Section 3-4 of
3		this Act;
4		(b) Will maintain staff reasonably adequate to meet the
5		requirements of Section 3-4 of this Act;
6		(c) Will keep and maintain for 36 months the same
7		written records as required by the federal Equal Credit
8		Opportunity Act, and any other information required by
9		regulations of the Commissioner regarding any home
10		mortgage in the course of the conduct of its residential
11		mortgage business;
12		(d) Will file with the Commissioner, when due, any
13		report or reports which it is required to file under any of
14		the provisions of this Act;
15		(e) Will not engage, whether as principal or agent, in
16		the practice of rejecting residential mortgage
17		applications without reasonable cause, or varying terms or
18		application procedures without reasonable cause, for home
19		mortgages on real estate within any specific geographic
20		area from the terms or procedures generally provided by the
21		licensee within other geographic areas of the State;
22		(f) Will not engage in fraudulent home mortgage
23		underwriting practices;
24		(g) Will not make payment, whether directly or
25		indirectly, of any kind to any in house or fee appraiser of
26		any government or private money lending agency with which
27		an application for a home mortgage has been filed for the
28		purpose of influencing the independent judgment of the
29		appraiser with respect to the value of any real estate
30		which is to be covered by such home mortgage;
31		(h) Has filed tax returns (State and Federal) for the
32		past 3 years or filed with the Commissioner an accountant's
33		or attorney's statement as to why no return was filed;
34		(i) Will not engage in any discrimination or redlining
35		activities prohibited by Section 3-8 of this Act;
36		(j) Will not knowingly make any false promises likely

1		to influence or persuade, or pursue a course of
2		misrepresentation and false promises through agents,
3		solicitors, advertising or otherwise;
4		(k) Will not knowingly misrepresent, circumvent or
5		conceal, through whatever subterfuge or device, any of the
6		material particulars or the nature thereof, regarding a
7		transaction to which it is a party to the injury of another
8		party thereto;
9		(l) Will disburse funds in accordance with its
10		agreements;
11		(m) Has not committed a crime against the law of this
12		State, any other state or of the United States, involving
13		moral turpitude, fraudulent or dishonest dealing, and that
14		no final judgment has been entered against it in a civil
15		action upon grounds of fraud, misrepresentation or deceit
16		which has not been previously reported to the Commissioner;
17		(n) Will account or deliver to any person any personal
18		property such as money, fund, deposit, check, draft,
19		mortgage, other document or thing of value, which has come
20		into its possession, and which is not its property, or
21		which it is not in law or equity entitled to retain under
22		the circumstances, at the time which has been agreed upon
23		or is required by law, or, in the absence of a fixed time,
24		upon demand of the person entitled to such accounting and
25		delivery;
26		(o) Has not engaged in any conduct which would be cause
27		for denial of a license;
28		(p) Has not become insolvent;
29		(q) Has not submitted an application for a license
30		under this Act which contains a material misstatement;
31		(r) Has not demonstrated by course of conduct,
32		negligence or incompetence in performing any act for which
33		it is required to hold a license under this Act;
34		(s) Will advise the Commissioner in writing of any
35		changes to the information submitted on the most recent
36		application for license within 30 days of said change. The

1		written notice must be signed in the same form as the
2		application for license being amended;
3		(t) Will comply with the provisions of this Act, or
4		with any lawful order, rule or regulation made or issued
5		under the provisions of this Act;
6		(u) Will submit to periodic examination by the
7		Commissioner as required by this Act;
8		(v) Will advise the Commissioner in writing of
9		judgments entered against, and bankruptcy petitions by,
10		the license applicant within 5 days of occurrence;
11		(w) Will advise the Commissioner in writing within 30
12		days when the license applicant requests a licensee under
13		this Act to repurchase a loan, and the circumstances
14		therefor; and
15		(x) Will advise the Commissioner in writing within 30
16		days when the license applicant is requested by another
17		entity to repurchase a loan, and the circumstances
18		therefor; .
19		(y) Will at all times act in a manner consistent with
20		subsections (a) and (b) of Section 1-2 of this Act; and .
21		(z) (x) Will not knowingly hire or employ a loan
22		originator who is not registered with the Commissioner as
23		required under Section 7-1 of this Act.
24		A licensee who fails to fulfill obligations of an averment,
25		to comply with averments made, or otherwise violates any of the
26		averments made under this Section shall be subject to the
27		penalties in Section 4-5 of this Act.
28		(Source: P.A. 93-561, eff. 1-1-04; revised 10-9-03.)
29		(205 ILCS 635/2-6) (from Ch. 17, par. 2322-6)
30		Sec. 2-6. License issuance and renewal; fee.
31		(a) Beginning July 1, 2003, licenses shall be renewed every
32		year on the anniversary of the date of issuance of the original
33		license. Properly completed renewal application forms and
34		filing fees must be received by the Commissioner 60 days prior
35		to the renewal date.

1		(b) It shall be the responsibility of each licensee to
2		accomplish renewal of its license; failure of the licensee to
3		receive renewal forms absent a request sent by certified mail
4		for such forms will not waive said responsibility. Failure by a
5		licensee to submit a properly completed renewal application
6		form and fees in a timely fashion, absent a written extension
7		from the Commissioner, will result in the assessment of
8		additional fees, as follows:
9		(1) A fee of $750 will be assessed to the licensee 30
10		days after the proper renewal date and $1,500 each month
11		thereafter, until the license is either renewed or expires
12		pursuant to Section 2-6, subsections (c) and (d), of this
13		Act.
14		(2) Such fee will be assessed without prior notice to
15		the licensee, but will be assessed only in cases wherein
16		the Commissioner has in his or her possession documentation
17		of the licensee's continuing activity for which the
18		unrenewed license was issued.
19		(c) A license which is not renewed by the date required in
20		this Section shall automatically become inactive. No activity
21		regulated by this Act shall be conducted by the licensee when a
22		license becomes inactive. An inactive license may be
23		reactivated by filing a completed reactivation application
24		with the Commissioner, payment of the renewal fee, and payment
25		of a reactivation fee equal to the renewal fee.
26		(d) A license which is not renewed within one year of
27		becoming inactive shall expire.
28		(e) A licensee ceasing an activity or activities regulated
29		by this Act and desiring to no longer be licensed shall so
30		inform the Commissioner in writing and, at the same time,
31		convey the license and all other symbols or indicia of
32		licensure. The licensee shall include a plan for the withdrawal
33		from regulated business, including a timetable for the
34		disposition of the business. Upon receipt of such written
35		notice, the Commissioner shall issue a certified statement
36		canceling the license.

1		(Source: P.A. 93-32, eff. 7-1-03; 93-561, eff. 1-1-04; revised
2		9-23-03.)

3		Section 340. The Mobile Home Park Act is amended by
4		changing Section 2.2 as follows:
5		(210 ILCS 115/2.2) (from Ch. 111 1/2, par. 712.2)
6		Sec. 2.2. Permanent habitation. "Permanent habitation"
7		means habitation for a period of 2 or more months.
8		(Source: P.A. 77-1472; revised 1-20-03.)

9		Section 345. The Illinois Insurance Code is amended by
10		setting forth and renumbering multiple versions of Sections
11		155.39, 356z.2, and 356z.4 and changing Section 500-135 as
12		follows:
13		(215 ILCS 5/155.39)
14		Sec. 155.39. Vehicle protection products.
15		(a) As used in this Section:
16		"Administrator" means a third party other than the
17		warrantor who is designated by the warrantor to be responsible
18		for the administration of vehicle protection product
19		warranties.
20		"Incidental costs" means expenses specified in the vehicle
21		protection product warranty incurred by the warranty holder
22		related to the failure of the vehicle protection product to
23		perform as provided in the warranty. Incidental costs may
24		include, without limitation, insurance policy deductibles,
25		rental vehicle charges, the difference between the actual value
26		of the stolen vehicle at the time of theft and the cost of a
27		replacement vehicle, sales taxes, registration fees,
28		transaction fees, and mechanical inspection fees.
29		"Vehicle protection product" means a vehicle protection
30		device, system, or service that is (i) installed on or applied
31		to a vehicle, (ii) is designed to prevent loss or damage to a
32		vehicle from a specific cause, (iii) includes a written

1		warranty by a warrantor that provides if the vehicle protection
2		product fails to prevent loss or damage to a vehicle from a
3		specific cause, that the warranty holder shall be paid
4		specified incidental costs by the warrantor as a result of the
5		failure of the vehicle protection product to perform pursuant
6		to the terms of the warranty, and (iv) the warrantor's
7		liability is covered by a warranty reimbursement insurance
8		policy. The term "vehicle protection product" shall include,
9		without limitation, alarm systems, body part marking products,
10		steering locks, window etch products, pedal and ignition locks,
11		fuel and ignition kill switches, and electronic, radio, and
12		satellite tracking devices.
13		"Vehicle protection product warrantor" or "warrantor"
14		means a person who is contractually obligated to the warranty
15		holder under the terms of the vehicle protection product.
16		Warrantor does not include an authorized insurer.
17		"Warranty reimbursement insurance policy" means a policy
18		of insurance issued to the vehicle protection product warrantor
19		to pay on behalf of the warrantor all covered contractual
20		obligations incurred by the warrantor under the terms and
21		conditions of the insured vehicle protection product
22		warranties sold by the warrantor. The warranty reimbursement
23		insurance policy shall be issued by an insurer authorized to do
24		business in this State that has filed its policy form with the
25		Department.
26		(b) No vehicle protection product sold or offered for sale
27		in this State shall be subject to the provisions of this
28		Code. Vehicle protection product warrantors and related
29		vehicle protection product sellers and warranty administrators
30		complying with this Section are not required to comply with and
31		are not subject to any other provision of this Code. The
32		vehicle protection products' written warranties are express
33		warranties and not insurance.
34		(c) This Section applies to all vehicle protection products
35		sold or offered for sale prior to, on, or after the effective
36		date of this amendatory Act of the 93rd General Assembly. The

1		enactment of this Section does not imply that vehicle
2		protection products should have been subject to regulation
3		under this Code prior to the enactment of this Section.
4		(Source: P.A. 93-218, eff. 7-18-03.)
5		(215 ILCS 5/155.40)
6		Sec. 155.40 155.39. Auto insurance; application; false
7		address.
8		(a) An applicant for a policy of insurance that insures
9		against any loss or liability resulting from or incident to the
10		ownership, maintenance, or use of a motor vehicle shall not
11		provide to the insurer to which the application for coverage is
12		made any address for the applicant other than the address at
13		which the applicant resides.
14		(b) A person who knowingly violates this Section is guilty
15		of a business offense. The penalty is a fine of not less than
16		$1,001 and not more than $1,200.
17		(Source: P.A. 93-269, eff. 1-1-04; revised 9-19-03.)
18		(215 ILCS 5/155.41)
19		Sec. 155.41 155.39. Slave era policies.
20		(a) The General Assembly finds and declares all of the
21		following:
22		(1) Insurance policies from the slavery era have been
23		discovered in the archives of several insurance companies,
24		documenting insurance coverage for slaveholders for damage
25		to or death of their slaves, issued by a predecessor
26		insurance firm. These documents provide the first evidence
27		of ill-gotten profits from slavery, which profits in part
28		capitalized insurers whose successors remain in existence
29		today.
30		(2) Legislation has been introduced in Congress for the
31		past 10 years demanding an inquiry into slavery and its
32		continuing legacies.
33		(3) The Director of Insurance and the Department of
34		Insurance are entitled to seek information from the files

1		of insurers licensed and doing business in this State,
2		including licensed Illinois subsidiaries of international
3		insurance corporations, regarding insurance policies
4		issued to slaveholders by predecessor corporations. The
5		people of Illinois are entitled to significant historical
6		information of this nature.
7		(b) The Department shall request and obtain information
8		from insurers licensed and doing business in this State
9		regarding any records of slaveholder insurance policies issued
10		by any predecessor corporation during the slavery era.
11		(c) The Department shall obtain the names of any
12		slaveholders or slaves described in those insurance records,
13		and shall make the information available to the public and the
14		General Assembly.
15		(d) Any insurer licensed and doing business in this State
16		shall research and report to the Department with respect to any
17		records within the insurer's possession or knowledge relating
18		to insurance policies issued to slaveholders that provided
19		coverage for damage to or death of their slaves.
20		(e) Descendants of slaves, whose ancestors were defined as
21		private property, dehumanized, divided from their families,
22		forced to perform labor without appropriate compensation or
23		benefits, and whose ancestors' owners were compensated for
24		damages by insurers, are entitled to full disclosure.
25		(Source: P.A. 93-333, eff. 1-1-04; revised 9-19-03.)
26		(215 ILCS 5/356z.2)
27		Sec. 356z.2. Coverage for adjunctive services in dental
28		care.
29		(a) An individual or group policy of accident and health
30		insurance amended, delivered, issued, or renewed after the
31		effective date of this amendatory Act of the 92nd General
32		Assembly shall cover charges incurred, and anesthetics
33		provided, in conjunction with dental care that is provided to a
34		covered individual in a hospital or an ambulatory surgical
35		treatment center if any of the following applies:

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 disabled.
6		(b) For purposes of this Section, "ambulatory surgical
7		treatment center" has the meaning given to that term in Section
8		3 of the Ambulatory Surgical Treatment Center Act.
9		For purposes of this Section, "disabled" means a person,
10		regardless of age, with a chronic disability if the chronic
11		disability meets all of the following conditions:
12		(1) It is attributable to a mental or physical
13		impairment or combination of mental and physical
14		impairments.
15		(2) It is likely to continue.
16		(3) It results in substantial functional limitations
17		in one or more of the following areas of major life
18		activity:
19		(A) self-care;
20		(B) receptive and expressive language;
21		(C) learning;
22		(D) mobility;
23		(E) capacity for independent living; or
24		(F) economic self-sufficiency.
25		(c) The coverage required under this Section may be subject
26		to any limitations, exclusions, or cost-sharing provisions
27		that apply generally under the insurance policy.
28		(d) This Section does not apply to a policy that covers
29		only dental care.
30		(e) Nothing in this Section requires that the dental
31		services be covered.
32		(f) The provisions of this Section do not apply to
33		short-term travel, accident-only, limited, or specified
34		disease policies, nor to policies or contracts designed for
35		issuance to persons eligible for coverage under Title XVIII of
36		the Social Security Act, known as Medicare, or any other

1		similar coverage under State or federal governmental plans.
2		(Source: P.A. 92-764 eff. 1-1-03.)
3		(215 ILCS 5/356z.3)
4		Sec. 356z.3 356z.2. Disclosure of limited benefit. An
5		insurer that issues, delivers, amends, or renews an individual
6		or group policy of accident and health insurance in this State
7		after the effective date of this amendatory Act of the 92nd
8		General Assembly and arranges, contracts with, or administers
9		contracts with a provider whereby beneficiaries are provided an
10		incentive to use the services of such provider must include the
11		following disclosure on its contracts and evidences of
12		coverage: "WARNING, LIMITED BENEFITS WILL BE PAID WHEN
13		NON-PARTICIPATING PROVIDERS ARE USED. You should be aware that
14		when you elect to utilize the services of a non-participating
15		provider for a covered service in non-emergency situations,
16		benefit payments to such non-participating provider are not
17		based upon the amount billed. The basis of your benefit payment
18		will be determined according to your policy's fee schedule,
19		usual and customary charge (which is determined by comparing
20		charges for similar services adjusted to the geographical area
21		where the services are performed), or other method as defined
22		by the policy. YOU CAN EXPECT TO PAY MORE THAN THE COINSURANCE
23		AMOUNT DEFINED IN THE POLICY AFTER THE PLAN HAS PAID ITS
24		REQUIRED PORTION. Non-participating providers may bill members
25		for any amount up to the billed charge after the plan has paid
26		its portion of the bill. Participating providers have agreed to
27		accept discounted payments for services with no additional
28		billing to the member other than co-insurance and deductible
29		amounts. You may obtain further information about the
30		participating status of professional providers and information
31		on out-of-pocket expenses by calling the toll free telephone
32		number on your identification card.".
33		(Source: P.A. 92-579, eff. 1-1-03; revised 9-3-02.)
34		(215 ILCS 5/356z.4)

1		Sec. 356z.4. Coverage for contraceptives.
2		(a) An individual or group policy of accident and health
3		insurance amended, delivered, issued, or renewed in this State
4		after the effective date of this amendatory Act of the 93rd
5		General Assembly that provides coverage for outpatient
6		services and outpatient prescription drugs or devices must
7		provide coverage for the insured and any dependent of the
8		insured covered by the policy for all outpatient contraceptive
9		services and all outpatient contraceptive drugs and devices
10		approved by the Food and Drug Administration. Coverage required
11		under this Section may not impose any deductible, coinsurance,
12		waiting period, or other cost-sharing or limitation that is
13		greater than that required for any outpatient service or
14		outpatient prescription drug or device otherwise covered by the
15		policy.
16		(b) As used in this Section, "outpatient contraceptive
17		service" means consultations, examinations, procedures, and
18		medical services, provided on an outpatient basis and related
19		to the use of contraceptive methods (including natural family
20		planning) to prevent an unintended pregnancy.
21		(c) Nothing in this Section shall be construed to require
22		an insurance company to cover services related to an abortion
23		as the term "abortion" is defined in the Illinois Abortion Law
24		of 1975.
25		(d) Nothing in this Section shall be construed to require
26		an insurance company to cover services related to permanent
27		sterilization that requires a surgical procedure.
28		(Source: P.A. 93-102, eff. 1-1-04.)
29		(215 ILCS 5/356z.5)
30		Sec. 356z.5 356z.4. Prescription inhalants. A group or
31		individual policy of accident and health insurance or managed
32		care plan amended, delivered, issued, or renewed after the
33		effective date of this amendatory Act of the 93rd General
34		Assembly that provides coverage for prescription drugs may not
35		deny or limit coverage for prescription inhalants to enable

1		persons to breathe when suffering from asthma or other
2		life-threatening bronchial ailments based upon any restriction
3		on the number of days before an inhaler refill may be obtained
4		if, contrary to those restrictions, the inhalants have been
5		ordered or prescribed by the treating physician and are
6		medically appropriate.
7		(Source: P.A. 93-529, eff. 8-14-03; revised 9-25-03.)
8		(215 ILCS 5/500-135)
9		Sec. 500-135. Fees.
10		(a) The fees required by this Article are as follows:
11		(1) a fee of $180 for a person who is a resident of
12		Illinois, and $250 for a person who is not a resident of
13		Illinois, payable once every 2 years for an insurance
14		producer license;
15		(2) a fee of $50 for the issuance of a temporary
16		insurance producer license;
17		(3) a fee of $150 payable once every 2 years for a
18		business entity;
19		(4) an annual $50 fee for a limited line producer
20		license issued under items (1) through (7) of subsection
21		(a) of Section 500-100;
22		(5) a $50 application fee for the processing of a
23		request to take the written examination for an insurance
24		producer license;
25		(6) an annual registration fee of $1,000 for
26		registration of an education provider;
27		(7) a certification fee of $50 for each certified
28		pre-licensing or continuing education course and an annual
29		fee of $20 for renewing the certification of each such
30		course;
31		(8) a fee of $180 for a person who is a resident of
32		Illinois, and $250 for a person who is not a resident of
33		Illinois, payable once every 2 years for a car rental
34		limited line license;
35		(9) a fee of $200 payable once every 2 years for a

1		limited lines license other than the licenses issued under
2		items (1) through (7) of subsection (a) of Section 500-100,
3		a car rental limited line license, or a self-service
4		storage facility limited line license;
5		(10) a fee of $50 payable once every 2 years for a
6		self-service storage facility limited line license.
7		(b) Except as otherwise provided, all fees paid to and
8		collected by the Director under this Section shall be paid
9		promptly after receipt thereof, together with a detailed
10		statement of such fees, into a special fund in the State
11		Treasury to be known as the Insurance Producer Administration
12		Fund. The moneys deposited into the Insurance Producer
13		Administration Fund may be used only for payment of the
14		expenses of the Department in the execution, administration,
15		and enforcement of the insurance laws of this State, and shall
16		be appropriated as otherwise provided by law for the payment of
17		those expenses with first priority being any expenses incident
18		to or associated with the administration and enforcement of
19		this Article.
20		(Source: P.A. 92-386, eff. 1-1-02; 93-32, eff. 7-1-03; 93-288,
21		eff. 1-1-04; revised 9-12-03.)

22		Section 350. The Health Maintenance Organization Act is
23		amended by changing Section 5-3 as follows:
24		(215 ILCS 125/5-3) (from Ch. 111 1/2, par. 1411.2)
25		Sec. 5-3. Insurance Code provisions.
26		(a) Health Maintenance Organizations shall be subject to
27		the provisions of Sections 133, 134, 137, 140, 141.1, 141.2,
28		141.3, 143, 143c, 147, 148, 149, 151, 152, 153, 154, 154.5,
29		154.6, 154.7, 154.8, 155.04, 355.2, 356m, 356v, 356w, 356x,
30		356y, 356z.2, 356z.4, 356z.5, 367.2, 367.2-5, 367i, 368a, 368b,
31		368c, 368d, 368e, 401, 401.1, 402, 403, 403A, 408, 408.2, 409,
32		412, 444, and 444.1, paragraph (c) of subsection (2) of Section
33		367, and Articles IIA, VIII 1/2, XII, XII 1/2, XIII, XIII 1/2,
34		XXV, and XXVI of the Illinois Insurance Code.

1		(b) For purposes of the Illinois Insurance Code, except for
2		Sections 444 and 444.1 and Articles XIII and XIII 1/2, Health
3		Maintenance Organizations in the following categories are
4		deemed to be "domestic companies":
5		(1) a corporation authorized under the Dental Service
6		Plan Act or the Voluntary Health Services Plans Act;
7		(2) a corporation organized under the laws of this
8		State; or
9		(3) a corporation organized under the laws of another
10		state, 30% or more of the enrollees of which are residents
11		of this State, except a corporation subject to
12		substantially the same requirements in its state of
13		organization as is a "domestic company" under Article VIII
14		1/2 of the Illinois Insurance Code.
15		(c) In considering the merger, consolidation, or other
16		acquisition of control of a Health Maintenance Organization
17		pursuant to Article VIII 1/2 of the Illinois Insurance Code,
18		(1) the Director shall give primary consideration to
19		the continuation of benefits to enrollees and the financial
20		conditions of the acquired Health Maintenance Organization
21		after the merger, consolidation, or other acquisition of
22		control takes effect;
23		(2)(i) the criteria specified in subsection (1)(b) of
24		Section 131.8 of the Illinois Insurance Code shall not
25		apply and (ii) the Director, in making his determination
26		with respect to the merger, consolidation, or other
27		acquisition of control, need not take into account the
28		effect on competition of the merger, consolidation, or
29		other acquisition of control;
30		(3) the Director shall have the power to require the
31		following information:
32		(A) certification by an independent actuary of the
33		adequacy of the reserves of the Health Maintenance
34		Organization sought to be acquired;
35		(B) pro forma financial statements reflecting the
36		combined balance sheets of the acquiring company and

1		the Health Maintenance Organization sought to be
2		acquired as of the end of the preceding year and as of
3		a date 90 days prior to the acquisition, as well as pro
4		forma financial statements reflecting projected
5		combined operation for a period of 2 years;
6		(C) a pro forma business plan detailing an
7		acquiring party's plans with respect to the operation
8		of the Health Maintenance Organization sought to be
9		acquired for a period of not less than 3 years; and
10		(D) such other information as the Director shall
11		require.
12		(d) The provisions of Article VIII 1/2 of the Illinois
13		Insurance Code and this Section 5-3 shall apply to the sale by
14		any health maintenance organization of greater than 10% of its
15		enrollee population (including without limitation the health
16		maintenance organization's right, title, and interest in and to
17		its health care certificates).
18		(e) In considering any management contract or service
19		agreement subject to Section 141.1 of the Illinois Insurance
20		Code, the Director (i) shall, in addition to the criteria
21		specified in Section 141.2 of the Illinois Insurance Code, take
22		into account the effect of the management contract or service
23		agreement on the continuation of benefits to enrollees and the
24		financial condition of the health maintenance organization to
25		be managed or serviced, and (ii) need not take into account the
26		effect of the management contract or service agreement on
27		competition.
28		(f) Except for small employer groups as defined in the
29		Small Employer Rating, Renewability and Portability Health
30		Insurance Act and except for medicare supplement policies as
31		defined in Section 363 of the Illinois Insurance Code, a Health
32		Maintenance Organization may by contract agree with a group or
33		other enrollment unit to effect refunds or charge additional
34		premiums under the following terms and conditions:
35		(i) the amount of, and other terms and conditions with
36		respect to, the refund or additional premium are set forth

1		in the group or enrollment unit contract agreed in advance
2		of the period for which a refund is to be paid or
3		additional premium is to be charged (which period shall not
4		be less than one year); and
5		(ii) the amount of the refund or additional premium
6		shall not exceed 20% of the Health Maintenance
7		Organization's profitable or unprofitable experience with
8		respect to the group or other enrollment unit for the
9		period (and, for purposes of a refund or additional
10		premium, the profitable or unprofitable experience shall
11		be calculated taking into account a pro rata share of the
12		Health Maintenance Organization's administrative and
13		marketing expenses, but shall not include any refund to be
14		made or additional premium to be paid pursuant to this
15		subsection (f)). The Health Maintenance Organization and
16		the group or enrollment unit may agree that the profitable
17		or unprofitable experience may be calculated taking into
18		account the refund period and the immediately preceding 2
19		plan years.
20		The Health Maintenance Organization shall include a
21		statement in the evidence of coverage issued to each enrollee
22		describing the possibility of a refund or additional premium,
23		and upon request of any group or enrollment unit, provide to
24		the group or enrollment unit a description of the method used
25		to calculate (1) the Health Maintenance Organization's
26		profitable experience with respect to the group or enrollment
27		unit and the resulting refund to the group or enrollment unit
28		or (2) the Health Maintenance Organization's unprofitable
29		experience with respect to the group or enrollment unit and the
30		resulting additional premium to be paid by the group or
31		enrollment unit.
32		In no event shall the Illinois Health Maintenance
33		Organization Guaranty Association be liable to pay any
34		contractual obligation of an insolvent organization to pay any
35		refund authorized under this Section.
36		(Source: P.A. 92-764, eff. 1-1-03; 93-102, eff. 1-1-04; 93-261,

1		eff. 1-1-04; 93-477, eff. 8-8-03; 93-529, eff. 8-14-03; revised
2		9-25-03.)

3		Section 355. The Voluntary Health Services Plans Act is
4		amended by changing Section 10 as follows:
5		(215 ILCS 165/10) (from Ch. 32, par. 604)
6		Sec. 10. Application of Insurance Code provisions. Health
7		services plan corporations and all persons interested therein
8		or dealing therewith shall be subject to the provisions of
9		Articles IIA and XII 1/2 and Sections 3.1, 133, 140, 143, 143c,
10		149, 155.37, 354, 355.2, 356r, 356t, 356u, 356v, 356w, 356x,
11		356y, 356z.1, 356z.2, 356z.4, 356z.5, 367.2, 368a, 401, 401.1,
12		402, 403, 403A, 408, 408.2, and 412, and paragraphs (7) and
13		(15) of Section 367 of the Illinois Insurance Code.
14		(Source: P.A. 92-130, eff. 7-20-01; 92-440, eff. 8-17-01;
15		92-651, eff. 7-11-02; 92-764, eff. 1-1-03; 93-102, eff. 1-1-04;
16		93-529, eff. 8-14-03; revised 9-25-03.)

17		Section 360. The Public Utilities Act is amended by
18		changing Sections 5-109 and 16-111 as follows:
19		(220 ILCS 5/5-109) (from Ch. 111 2/3, par. 5-109)
20		Sec. 5-109. Reports; false reports; penalty. Each public
21		utility in the State, other than a commercial mobile radio
22		service provider, shall each year furnish to the Commission, in
23		such form as the Commission shall require, annual reports as to
24		all the items mentioned in the preceding Sections of this
25		Article, and in addition such other items, whether of a nature
26		similar to those therein enumerated or otherwise, as the
27		Commission may prescribe. Such annual reports shall contain all
28		the required information for the period of 12 months ending on
29		June 30 in each year, or ending on December 31 in each year, as
30		the Commission may by order prescribe for each class of public
31		utilities, except commercial mobile radio service providers,
32		and shall be filed with the Commission at its office in

1		Springfield within 3 months after the close of the year for
2		which the report is made. The Commission shall have authority
3		to require any public utility to file monthly reports of
4		earnings and expenses of such utility, and to file other
5		periodical or special, or both periodical and special reports
6		concerning any matter about which the Commission is authorized
7		by law to keep itself informed. All reports shall be under
8		oath.
9		When any report is erroneous or defective or appears to the
10		Commission to be erroneous or defective, the Commission may
11		notify the public utility to amend such report within 30 days,
12		and before or after the termination of such period the
13		Commission may examine the officers, agents, or employees, and
14		books, records, accounts, vouchers, plant, equipment and
15		property of such public utility, and correct such items in the
16		report as upon such examination the Commission may find
17		defective or erroneous.
18		All reports made to the Commission by any public utility
19		and the contents thereof shall be open to public inspection,
20		unless otherwise ordered by the Commission. Such reports shall
21		be preserved in the office of the Commission.
22		Any public utility which fails to make and file any report
23		called for by the Commission within the time specified; or to
24		make specific answer to any question propounded by the
25		Commission within 30 days from the time it is lawfully required
26		to do so, or within such further time, not to exceed 90 days,
27		as may in its discretion be allowed by the Commission, shall
28		forfeit up to $100 for each and every day it may so be in
29		default if the utility collects less than $100,000 annually in
30		gross revenue; and if the utility collects $100,000 or more
31		annually in gross revenue, it shall forfeit $1,000 per day for
32		each and every day it is in default.
33		Any person who willfully makes any false return or report
34		to the Commission or to any member, officer, or employee
35		thereof, any person who willfully, in a return or report,
36		withholds or fails to provide material information to which the

1		Commission is entitled under this Act and which information is
2		either required to be filed by statute, rule, regulation,
3		order, or decision of the Commission or has been requested by
4		the Commission, and any person who willfully aids or abets such
5		person shall be guilty of a Class A misdemeanor.
6		(Source: P.A. 93-132, eff. 7-10-03; 93-457, eff. 8-8-03;
7		revised 9-12-03.)
8		(220 ILCS 5/16-111)
9		Sec. 16-111. Rates and restructuring transactions during
10		mandatory transition period.
11		(a) During the mandatory transition period,
12		notwithstanding any provision of Article IX of this Act, and
13		except as provided in subsections (b), (d), (e), and (f) of
14		this Section, the Commission shall not (i) initiate, authorize
15		or order any change by way of increase (other than in
16		connection with a request for rate increase which was filed
17		after September 1, 1997 but prior to October 15, 1997, by an
18		electric utility serving less than 12,500 customers in this
19		State), (ii) initiate or, unless requested by the electric
20		utility, authorize or order any change by way of decrease,
21		restructuring or unbundling (except as provided in Section
22		16-109A), in the rates of any electric utility that were in
23		effect on October 1, 1996, or (iii) in any order approving any
24		application for a merger pursuant to Section 7-204 that was
25		pending as of May 16, 1997, impose any condition requiring any
26		filing for an increase, decrease, or change in, or other review
27		of, an electric utility's rates or enforce any such condition
28		of any such order; provided, however, that this subsection
29		shall not prohibit the Commission from:
30		(1) approving the application of an electric utility to
31		implement an alternative to rate of return regulation or a
32		regulatory mechanism that rewards or penalizes the
33		electric utility through adjustment of rates based on
34		utility performance, pursuant to Section 9-244;
35		(2) authorizing an electric utility to eliminate its

1		fuel adjustment clause and adjust its base rate tariffs in
2		accordance with subsection (b), (d), or (f) of Section
3		9-220 of this Act, to fix its fuel adjustment factor in
4		accordance with subsection (c) of Section 9-220 of this
5		Act, or to eliminate its fuel adjustment clause in
6		accordance with subsection (e) of Section 9-220 of this
7		Act;
8		(3) ordering into effect tariffs for delivery services
9		and transition charges in accordance with Sections 16-104
10		and 16-108, for real-time pricing in accordance with
11		Section 16-107, or the options required by Section 16-110
12		and subsection (n) of 16-112, allowing a billing experiment
13		in accordance with Section 16-106, or modifying delivery
14		services tariffs in accordance with Section 16-109; or
15		(4) ordering or allowing into effect any tariff to
16		recover charges pursuant to Sections 9-201.5, 9-220.1,
17		9-221, 9-222 (except as provided in Section 9-222.1),
18		16-108, and 16-114 of this Act, Section 5-5 of the
19		Electricity Infrastructure Maintenance Fee Law, Section
20		6-5 of the Renewable Energy, Energy Efficiency, and Coal
21		Resources Development Law of 1997, and Section 13 of the
22		Energy Assistance Act.
23		After December 31, 2004, the provisions of this subsection
24		(a) shall not apply to an electric utility whose average
25		residential retail rate was less than or equal to 90% of the
26		average residential retail rate for the "Midwest Utilities", as
27		that term is defined in subsection (b) of this Section, based
28		on data reported on Form 1 to the Federal Energy Regulatory
29		Commission for calendar year 1995, and which served between
30		150,000 and 250,000 retail customers in this State on January
31		1, 1995 unless the electric utility or its holding company has
32		been acquired by or merged with an affiliate of another
33		electric utility subsequent to January 1, 2002. This exemption
34		shall be limited to this subsection (a) and shall not extend to
35		any other provisions of this Act.
36		(b) Notwithstanding the provisions of subsection (a), each

1		Illinois electric utility serving more than 12,500 customers in
2		Illinois shall file tariffs (i) reducing, effective August 1,
3		1998, each component of its base rates to residential retail
4		customers by 15% from the base rates in effect immediately
5		prior to January 1, 1998 and (ii) if the public utility
6		provides electric service to (A) more than 500,000 customers
7		but less than 1,000,000 customers in this State on January 1,
8		1999, reducing, effective May 1, 2002, each component of its
9		base rates to residential retail customers by an additional 5%
10		from the base rates in effect immediately prior to January 1,
11		1998, or (B) at least 1,000,000 customers in this State on
12		January 1, 1999, reducing, effective October 1, 2001, each
13		component of its base rates to residential retail customers by
14		an additional 5% from the base rates in effect immediately
15		prior to January 1, 1998. Provided, however, that (A) if an
16		electric utility's average residential retail rate is less than
17		or equal to the average residential retail rate for a group of
18		Midwest Utilities (consisting of all investor-owned electric
19		utilities with annual system peaks in excess of 1000 megawatts
20		in the States of Illinois, Indiana, Iowa, Kentucky, Michigan,
21		Missouri, Ohio, and Wisconsin), based on data reported on Form
22		1 to the Federal Energy Regulatory Commission for calendar year
23		1995, then it shall only be required to file tariffs (i)
24		reducing, effective August 1, 1998, each component of its base
25		rates to residential retail customers by 5% from the base rates
26		in effect immediately prior to January 1, 1998, (ii) reducing,
27		effective October 1, 2000, each component of its base rates to
28		residential retail customers by the lesser of 5% of the base
29		rates in effect immediately prior to January 1, 1998 or the
30		percentage by which the electric utility's average residential
31		retail rate exceeds the average residential retail rate of the
32		Midwest Utilities, based on data reported on Form 1 to the
33		Federal Energy Regulatory Commission for calendar year 1999,
34		and (iii) reducing, effective October 1, 2002, each component
35		of its base rates to residential retail customers by an
36		additional amount equal to the lesser of 5% of the base rates

1		in effect immediately prior to January 1, 1998 or the
2		percentage by which the electric utility's average residential
3		retail rate exceeds the average residential retail rate of the
4		Midwest Utilities, based on data reported on Form 1 to the
5		Federal Energy Regulatory Commission for calendar year 2001;
6		and (B) if the average residential retail rate of an electric
7		utility serving between 150,000 and 250,000 retail customers in
8		this State on January 1, 1995 is less than or equal to 90% of
9		the average residential retail rate for the Midwest Utilities,
10		based on data reported on Form 1 to the Federal Energy
11		Regulatory Commission for calendar year 1995, then it shall
12		only be required to file tariffs (i) reducing, effective August
13		1, 1998, each component of its base rates to residential retail
14		customers by 2% from the base rates in effect immediately prior
15		to January 1, 1998; (ii) reducing, effective October 1, 2000,
16		each component of its base rates to residential retail
17		customers by 2% from the base rate in effect immediately prior
18		to January 1, 1998; and (iii) reducing, effective October 1,
19		2002, each component of its base rates to residential retail
20		customers by 1% from the base rates in effect immediately prior
21		to January 1, 1998. Provided, further, that any electric
22		utility for which a decrease in base rates has been or is
23		placed into effect between October 1, 1996 and the dates
24		specified in the preceding sentences of this subsection, other
25		than pursuant to the requirements of this subsection, shall be
26		entitled to reduce the amount of any reduction or reductions in
27		its base rates required by this subsection by the amount of
28		such other decrease. The tariffs required under this subsection
29		shall be filed 45 days in advance of the effective date.
30		Notwithstanding anything to the contrary in Section 9-220 of
31		this Act, no restatement of base rates in conjunction with the
32		elimination of a fuel adjustment clause under that Section
33		shall result in a lesser decrease in base rates than customers
34		would otherwise receive under this subsection had the electric
35		utility's fuel adjustment clause not been eliminated.
36		(c) Any utility reducing its base rates by 15% on August 1,

1		1998 pursuant to subsection (b) shall include the following
2		statement on its bills for residential customers from August 1
3		through December 31, 1998: "Effective August 1, 1998, your
4		rates have been reduced by 15% by the Electric Service Customer
5		Choice and Rate Relief Law of 1997 passed by the Illinois
6		General Assembly.". Any utility reducing its base rates by 5%
7		on August 1, 1998, pursuant to subsection (b) shall include the
8		following statement on its bills for residential customers from
9		August 1 through December 31, 1998: "Effective August 1, 1998,
10		your rates have been reduced by 5% by the Electric Service
11		Customer Choice and Rate Relief Law of 1997 passed by the
12		Illinois General Assembly.".
13		Any utility reducing its base rates by 2% on August 1, 1998
14		pursuant to subsection (b) shall include the following
15		statement on its bills for residential customers from August 1
16		through December 31, 1998: "Effective August 1, 1998, your
17		rates have been reduced by 2% by the Electric Service Customer
18		Choice and Rate Relief Law of 1997 passed by the Illinois
19		General Assembly.".
20		(d) During the mandatory transition period, but not before
21		January 1, 2000, and notwithstanding the provisions of
22		subsection (a), an electric utility may request an increase in
23		its base rates if the electric utility demonstrates that the
24		2-year average of its earned rate of return on common equity,
25		calculated as its net income applicable to common stock divided
26		by the average of its beginning and ending balances of common
27		equity using data reported in the electric utility's Form 1
28		report to the Federal Energy Regulatory Commission but adjusted
29		to remove the effects of accelerated depreciation or
30		amortization or other transition or mitigation measures
31		implemented by the electric utility pursuant to subsection (g)
32		of this Section and the effect of any refund paid pursuant to
33		subsection (e) of this Section, is below the 2-year average for
34		the same 2 years of the monthly average yields of 30-year U.S.
35		Treasury bonds published by the Board of Governors of the
36		Federal Reserve System in its weekly H.15 Statistical Release

1		or successor publication. The Commission shall review the
2		electric utility's request, and may review the justness and
3		reasonableness of all rates for tariffed services, in
4		accordance with the provisions of Article IX of this Act,
5		provided that the Commission shall consider any special or
6		negotiated adjustments to the revenue requirement agreed to
7		between the electric utility and the other parties to the
8		proceeding. In setting rates under this Section, the Commission
9		shall exclude the costs and revenues that are associated with
10		competitive services and any billing or pricing experiments
11		conducted under Section 16-106.
12		(e) For the purposes of this subsection (e) all
13		calculations and comparisons shall be performed for the
14		Illinois operations of multijurisdictional utilities. During
15		the mandatory transition period, notwithstanding the
16		provisions of subsection (a), if the 2-year average of an
17		electric utility's earned rate of return on common equity,
18		calculated as its net income applicable to common stock divided
19		by the average of its beginning and ending balances of common
20		equity using data reported in the electric utility's Form 1
21		report to the Federal Energy Regulatory Commission but adjusted
22		to remove the effect of any refund paid under this subsection
23		(e), and further adjusted to include the annual amortization of
24		any difference between the consideration received by an
25		affiliated interest of the electric utility in the sale of an
26		asset which had been sold or transferred by the electric
27		utility to the affiliated interest subsequent to the effective
28		date of this amendatory Act of 1997 and the consideration for
29		which such asset had been sold or transferred to the affiliated
30		interest, with such difference to be amortized ratably from the
31		date of the sale by the affiliated interest to December 31,
32		2006, exceeds the 2-year average of the Index for the same 2
33		years by 1.5 or more percentage points, the electric utility
34		shall make refunds to customers beginning the first billing day
35		of April in the following year in the manner described in
36		paragraph (3) of this subsection. For purposes of this

1		subsection (e), the "Index" shall be the sum of (A) the average
2		for the 12 months ended September 30 of the monthly average
3		yields of 30-year U.S. Treasury bonds published by the Board of
4		Governors of the Federal Reserve System in its weekly H.15
5		Statistical Release or successor publication for each year 1998
6		through 2006, and (B) (i) 4.00 percentage points for each of
7		the 12-month periods ending September 30, 1998 through
8		September 30, 1999 or 8.00 percentage points if the electric
9		utility's average residential retail rate is less than or equal
10		to 90% of the average residential retail rate for the "Midwest
11		Utilities", as that term is defined in subsection (b) of this
12		Section, based on data reported on Form 1 to the Federal Energy
13		Regulatory Commission for calendar year 1995, and the electric
14		utility served between 150,000 and 250,000 retail customers on
15		January 1, 1995, (ii) 7.00 percentage points for each of the
16		12-month periods ending September 30, 2000 through September
17		30, 2006 if the electric utility was providing service to at
18		least 1,000,000 customers in this State on January 1, 1999, or
19		9.00 percentage points if the electric utility's average
20		residential retail rate is less than or equal to 90% of the
21		average residential retail rate for the "Midwest Utilities", as
22		that term is defined in subsection (b) of this Section, based
23		on data reported on Form 1 to the Federal Energy Regulatory
24		Commission for calendar year 1995 and the electric utility
25		served between 150,000 and 250,000 retail customers in this
26		State on January 1, 1995, (iii) 11.00 percentage points for
27		each of the 12-month periods ending September 30, 2000 through
28		September 30, 2006, but only if the electric utility's average
29		residential retail rate is less than or equal to 90% of the
30		average residential retail rate for the "Midwest Utilities", as
31		that term is defined in subsection (b) of this Section, based
32		on data reported on Form 1 to the Federal Energy Regulatory
33		Commission for calendar year 1995, the electric utility served
34		between 150,000 and 250,000 retail customers in this State on
35		January 1, 1995, and the electric utility offers delivery
36		services on or before June 1, 2000 to retail customers whose

1		annual electric energy use comprises 33% of the kilowatt hour
2		sales to that group of retail customers that are classified
3		under Division D, Groups 20 through 39 of the Standard
4		Industrial Classifications set forth in the Standard
5		Industrial Classification Manual published by the United
6		States Office of Management and Budget, excluding the kilowatt
7		hour sales to those customers that are eligible for delivery
8		services pursuant to Section 16-104(a)(1)(i), and offers
9		delivery services to its remaining retail customers classified
10		under Division D, Groups 20 through 39 on or before October 1,
11		2000, and, provided further, that the electric utility commits
12		not to petition pursuant to Section 16-108(f) for entry of an
13		order by the Commission authorizing the electric utility to
14		implement transition charges for an additional period after
15		December 31, 2006, or (iv) 5.00 percentage points for each of
16		the 12-month periods ending September 30, 2000 through
17		September 30, 2006 for all other electric utilities or 7.00
18		percentage points for such utilities for each of the 12-month
19		periods ending September 30, 2000 through September 30, 2006
20		for any such utility that commits not to petition pursuant to
21		Section 16-108(f) for entry of an order by the Commission
22		authorizing the electric utility to implement transition
23		charges for an additional period after December 31, 2006 or
24		11.00 percentage points for each of the 12-month periods ending
25		September 30, 2005 and September 30, 2006 for each electric
26		utility providing service to fewer than 6,500, or between
27		75,000 and 150,000, electric retail customers in this State on
28		January 1, 1995 if such utility commits not to petition
29		pursuant to Section 16-108(f) for entry of an order by the
30		Commission authorizing the electric utility to implement
31		transition charges for an additional period after December 31,
32		2006.
33		(1) For purposes of this subsection (e), "excess
34		earnings" means the difference between (A) the 2-year
35		average of the electric utility's earned rate of return on
36		common equity, less (B) the 2-year average of the sum of

1		(i) the Index applicable to each of the 2 years and (ii)
2		1.5 percentage points; provided, that "excess earnings"
3		shall never be less than zero.
4		(2) On or before March 31 of each year 2000 through
5		2007 each electric utility shall file a report with the
6		Commission showing its earned rate of return on common
7		equity, calculated in accordance with this subsection, for
8		the preceding calendar year and the average for the
9		preceding 2 calendar years.
10		(3) If an electric utility has excess earnings,
11		determined in accordance with paragraphs (1) and (2) of
12		this subsection, the refunds which the electric utility
13		shall pay to its customers beginning the first billing day
14		of April in the following year shall be calculated and
15		applied as follows:
16		(i) The electric utility's excess earnings shall
17		be multiplied by the average of the beginning and
18		ending balances of the electric utility's common
19		equity for the 2-year period in which excess earnings
20		occurred.
21		(ii) The result of the calculation in (i) shall be
22		multiplied by 0.50 and then divided by a number equal
23		to 1 minus the electric utility's composite federal and
24		State income tax rate.
25		(iii) The result of the calculation in (ii) shall
26		be divided by the sum of the electric utility's
27		projected total kilowatt-hour sales to retail
28		customers plus projected kilowatt-hours to be
29		delivered to delivery services customers over a one
30		year period beginning with the first billing date in
31		April in the succeeding year to determine a cents per
32		kilowatt-hour refund factor.
33		(iv) The cents per kilowatt-hour refund factor
34		calculated in (iii) shall be credited to the electric
35		utility's customers by applying the factor on the
36		customer's monthly bills to each kilowatt-hour sold or

1		delivered until the total amount calculated in (ii) has
2		been paid to customers.
3		(f) During the mandatory transition period, an electric
4		utility may file revised tariffs reducing the price of any
5		tariffed service offered by the electric utility for all
6		customers taking that tariffed service, which shall be
7		effective 7 days after filing.
8		(g) During the mandatory transition period, an electric
9		utility may, without obtaining any approval of the Commission
10		other than that provided for in this subsection and
11		notwithstanding any other provision of this Act or any rule or
12		regulation of the Commission that would require such approval:
13		(1) implement a reorganization, other than a merger of
14		2 or more public utilities as defined in Section 3-105 or
15		their holding companies;
16		(2) retire generating plants from service;
17		(3) sell, assign, lease or otherwise transfer assets to
18		an affiliated or unaffiliated entity and as part of such
19		transaction enter into service agreements, power purchase
20		agreements, or other agreements with the transferee;
21		provided, however, that the prices, terms and conditions of
22		any power purchase agreement must be approved or allowed
23		into effect by the Federal Energy Regulatory Commission; or
24		(4) use any accelerated cost recovery method including
25		accelerated depreciation, accelerated amortization or
26		other capital recovery methods, or record reductions to the
27		original cost of its assets.
28		In order to implement a reorganization, retire generating
29		plants from service, or sell, assign, lease or otherwise
30		transfer assets pursuant to this Section, the electric utility
31		shall comply with subsections (c) and (d) of Section 16-128, if
32		applicable, and subsection (k) of this Section, if applicable,
33		and provide the Commission with at least 30 days notice of the
34		proposed reorganization or transaction, which notice shall
35		include the following information:
36		(i) a complete statement of the entries that the

1		electric utility will make on its books and records of
2		account to implement the proposed reorganization or
3		transaction together with a certification from an
4		independent certified public accountant that such
5		entries are in accord with generally accepted
6		accounting principles and, if the Commission has
7		previously approved guidelines for cost allocations
8		between the utility and its affiliates, a
9		certification from the chief accounting officer of the
10		utility that such entries are in accord with those cost
11		allocation guidelines;
12		(ii) a description of how the electric utility will
13		use proceeds of any sale, assignment, lease or transfer
14		to retire debt or otherwise reduce or recover the costs
15		of services provided by such electric utility;
16		(iii) a list of all federal approvals or approvals
17		required from departments and agencies of this State,
18		other than the Commission, that the electric utility
19		has or will obtain before implementing the
20		reorganization or transaction;
21		(iv) an irrevocable commitment by the electric
22		utility that it will not, as a result of the
23		transaction, impose any stranded cost charges that it
24		might otherwise be allowed to charge retail customers
25		under federal law or increase the transition charges
26		that it is otherwise entitled to collect under this
27		Article XVI; and
28		(v) if the electric utility proposes to sell,
29		assign, lease or otherwise transfer a generating plant
30		that brings the amount of net dependable generating
31		capacity transferred pursuant to this subsection to an
32		amount equal to or greater than 15% of the electric
33		utility's net dependable capacity as of the effective
34		date of this amendatory Act of 1997, and enters into a
35		power purchase agreement with the entity to which such
36		generating plant is sold, assigned, leased, or

1		otherwise transferred, the electric utility also
2		agrees, if its fuel adjustment clause has not already
3		been eliminated, to eliminate its fuel adjustment
4		clause in accordance with subsection (b) of Section
5		9-220 for a period of time equal to the length of any
6		such power purchase agreement or successor agreement,
7		or until January 1, 2005, whichever is longer; if the
8		capacity of the generating plant so transferred and
9		related power purchase agreement does not result in the
10		elimination of the fuel adjustment clause under this
11		subsection, and the fuel adjustment clause has not
12		already been eliminated, the electric utility shall
13		agree that the costs associated with the transferred
14		plant that are included in the calculation of the rate
15		per kilowatt-hour to be applied pursuant to the
16		electric utility's fuel adjustment clause during such
17		period shall not exceed the per kilowatt-hour cost
18		associated with such generating plant included in the
19		electric utility's fuel adjustment clause during the
20		full calendar year preceding the transfer, with such
21		limit to be adjusted each year thereafter by the Gross
22		Domestic Product Implicit Price Deflator.
23		(vi) In addition, if the electric utility proposes
24		to sell, assign, or lease, (A) either (1) an amount of
25		generating plant that brings the amount of net
26		dependable generating capacity transferred pursuant to
27		this subsection to an amount equal to or greater than
28		15% of its net dependable capacity on the effective
29		date of this amendatory Act of 1997, or (2) one or more
30		generating plants with a total net dependable capacity
31		of 1100 megawatts, or (B) transmission and
32		distribution facilities that either (1) bring the
33		amount of transmission and distribution facilities
34		transferred pursuant to this subsection to an amount
35		equal to or greater than 15% of the electric utility's
36		total depreciated original cost investment in such

1		facilities, or (2) represent an investment of
2		$25,000,000 in terms of total depreciated original
3		cost, the electric utility shall provide, in addition
4		to the information listed in subparagraphs (i) through
5		(v), the following information: (A) a description of
6		how the electric utility will meet its service
7		obligations under this Act in a safe and reliable
8		manner and (B) the electric utility's projected earned
9		rate of return on common equity, calculated in
10		accordance with subsection (d) of this Section, for
11		each year from the date of the notice through December
12		31, 2006 both with and without the proposed
13		transaction. If the Commission has not issued an order
14		initiating a hearing on the proposed transaction
15		within 30 days after the date the electric utility's
16		notice is filed, the transaction shall be deemed
17		approved. The Commission may, after notice and
18		hearing, prohibit the proposed transaction if it makes
19		either or both of the following findings: (1) that the
20		proposed transaction will render the electric utility
21		unable to provide its tariffed services in a safe and
22		reliable manner, or (2) that there is a strong
23		likelihood that consummation of the proposed
24		transaction will result in the electric utility being
25		entitled to request an increase in its base rates
26		during the mandatory transition period pursuant to
27		subsection (d) of this Section. Any hearing initiated
28		by the Commission into the proposed transaction shall
29		be completed, and the Commission's final order
30		approving or prohibiting the proposed transaction
31		shall be entered, within 90 days after the date the
32		electric utility's notice was filed. Provided,
33		however, that a sale, assignment, or lease of
34		transmission facilities to an independent system
35		operator that meets the requirements of Section 16-126
36		shall not be subject to Commission approval under this

1		Section.
2		In any proceeding conducted by the Commission
3		pursuant to this subparagraph (vi), intervention shall
4		be limited to parties with a direct interest in the
5		transaction which is the subject of the hearing and any
6		statutory consumer protection agency as defined in
7		subsection (d) of Section 9-102.1. Notwithstanding the
8		provisions of Section 10-113 of this Act, any
9		application seeking rehearing of an order issued under
10		this subparagraph (vi), whether filed by the electric
11		utility or by an intervening party, shall be filed
12		within 10 days after service of the order.
13		The Commission shall not in any subsequent proceeding or
14		otherwise, review such a reorganization or other transaction
15		authorized by this Section, but shall retain the authority to
16		allocate costs as stated in Section 16-111(i). An entity to
17		which an electric utility sells, assigns, leases or transfers
18		assets pursuant to this subsection (g) shall not, as a result
19		of the transactions specified in this subsection (g), be deemed
20		a public utility as defined in Section 3-105. Nothing in this
21		subsection (g) shall change any requirement under the
22		jurisdiction of the Illinois Department of Nuclear Safety
23		including, but not limited to, the payment of fees. Nothing in
24		this subsection (g) shall exempt a utility from obtaining a
25		certificate pursuant to Section 8-406 of this Act for the
26		construction of a new electric generating facility. Nothing in
27		this subsection (g) is intended to exempt the transactions
28		hereunder from the operation of the federal or State antitrust
29		laws. Nothing in this subsection (g) shall require an electric
30		utility to use the procedures specified in this subsection for
31		any of the transactions specified herein. Any other procedure
32		available under this Act may, at the electric utility's
33		election, be used for any such transaction.
34		(h) During the mandatory transition period, the Commission
35		shall not establish or use any rates of depreciation, which for
36		purposes of this subsection shall include amortization, for any

1		electric utility other than those established pursuant to
2		subsection (c) of Section 5-104 of this Act or utilized
3		pursuant to subsection (g) of this Section. Provided, however,
4		that in any proceeding to review an electric utility's rates
5		for tariffed services pursuant to Section 9-201, 9-202, 9-250
6		or 16-111(d) of this Act, the Commission may establish new
7		rates of depreciation for the electric utility in the same
8		manner provided in subsection (d) of Section 5-104 of this Act.
9		An electric utility implementing an accelerated cost recovery
10		method including accelerated depreciation, accelerated
11		amortization or other capital recovery methods, or recording
12		reductions to the original cost of its assets, pursuant to
13		subsection (g) of this Section, shall file a statement with the
14		Commission describing the accelerated cost recovery method to
15		be implemented or the reduction in the original cost of its
16		assets to be recorded. Upon the filing of such statement, the
17		accelerated cost recovery method or the reduction in the
18		original cost of assets shall be deemed to be approved by the
19		Commission as though an order had been entered by the
20		Commission.
21		(i) Subsequent to the mandatory transition period, the
22		Commission, in any proceeding to establish rates and charges
23		for tariffed services offered by an electric utility, shall
24		consider only (1) the then current or projected revenues,
25		costs, investments and cost of capital directly or indirectly
26		associated with the provision of such tariffed services; (2)
27		collection of transition charges in accordance with Sections
28		16-102 and 16-108 of this Act; (3) recovery of any employee
29		transition costs as described in Section 16-128 which the
30		electric utility is continuing to incur, including recovery of
31		any unamortized portion of such costs previously incurred or
32		committed, with such costs to be equitably allocated among
33		bundled services, delivery services, and contracts with
34		alternative retail electric suppliers; and (4) recovery of the
35		costs associated with the electric utility's compliance with
36		decommissioning funding requirements; and shall not consider

1		any other revenues, costs, investments or cost of capital of
2		either the electric utility or of any affiliate of the electric
3		utility that are not associated with the provision of tariffed
4		services. In setting rates for tariffed services, the
5		Commission shall equitably allocate joint and common costs and
6		investments between the electric utility's competitive and
7		tariffed services. In determining the justness and
8		reasonableness of the electric power and energy component of an
9		electric utility's rates for tariffed services subsequent to
10		the mandatory transition period and prior to the time that the
11		provision of such electric power and energy is declared
12		competitive, the Commission shall consider the extent to which
13		the electric utility's tariffed rates for such component for
14		each customer class exceed the market value determined pursuant
15		to Section 16-112, and, if the electric power and energy
16		component of such tariffed rate exceeds the market value by
17		more than 10% for any customer class, may establish such
18		electric power and energy component at a rate equal to the
19		market value plus 10%. In any such case, the Commission may
20		also elect to extend the provisions of Section 16-111(e) for
21		any period in which the electric utility is collecting
22		transition charges, using information applicable to such
23		period.
24		(j) During the mandatory transition period, an electric
25		utility may elect to transfer to a non-operating income account
26		under the Commission's Uniform System of Accounts either or
27		both of (i) an amount of unamortized investment tax credit that
28		is in addition to the ratable amount which is credited to the
29		electric utility's operating income account for the year in
30		accordance with Section 46(f)(2) of the federal Internal
31		Revenue Code of 1986, as in effect prior to P.L. 101-508, or
32		(ii) "excess tax reserves", as that term is defined in Section
33		203(e)(2)(A) of the federal Tax Reform Act of 1986, provided
34		that (A) the amount transferred may not exceed the amount of
35		the electric utility's assets that were created pursuant to
36		Statement of Financial Accounting Standards No. 71 which the

1		electric utility has written off during the mandatory
2		transition period, and (B) the transfer shall not be effective
3		until approved by the Internal Revenue Service. An electric
4		utility electing to make such a transfer shall file a statement
5		with the Commission stating the amount and timing of the
6		transfer for which it intends to request approval of the
7		Internal Revenue Service, along with a copy of its proposed
8		request to the Internal Revenue Service for a ruling. The
9		Commission shall issue an order within 14 days after the
10		electric utility's filing approving, subject to receipt of
11		approval from the Internal Revenue Service, the proposed
12		transfer.
13		(k) If an electric utility is selling or transferring to a
14		single buyer 5 or more generating plants located in this State
15		with a total net dependable capacity of 5000 megawatts or more
16		pursuant to subsection (g) of this Section and has obtained a
17		sale price or consideration that exceeds 200% of the book value
18		of such plants, the electric utility must provide to the
19		Governor, the President of the Illinois Senate, the Minority
20		Leader of the Illinois Senate, the Speaker of the Illinois
21		House of Representatives, and the Minority Leader of the
22		Illinois House of Representatives no later than 15 days after
23		filing its notice under subsection (g) of this Section or 5
24		days after the date on which this subsection (k) becomes law,
25		whichever is later, a written commitment in which such electric
26		utility agrees to expend $2 billion outside the corporate
27		limits of any municipality with 1,000,000 or more inhabitants
28		within such electric utility's service area, over a 6-year
29		period beginning with the calendar year in which the notice is
30		filed, on projects, programs, and improvements within its
31		service area relating to transmission and distribution
32		including, without limitation, infrastructure expansion,
33		repair and replacement, capital investments, operations and
34		maintenance, and vegetation management.
35		(Source: P.A. 91-50, eff. 6-30-99; 92-537, eff. 6-6-02; 92-690,
36		eff. 7-18-02; revised 9-10-02)

1		Section 365. The Nursing and Advanced Practice Nursing Act
2		is amended by changing Section 10-30 as follows:
3		(225 ILCS 65/10-30)
4		(Section scheduled to be repealed on January 1, 2008)
5		Sec. 10-30. Qualifications for licensure.
6		(a) Each applicant who successfully meets the requirements
7		of this Section shall be entitled to licensure as a Registered
8		Nurse or Licensed Practical Nurse, whichever is applicable.
9		(b) An applicant for licensure by examination to practice
10		as a registered nurse or licensed practical nurse shall:
11		(1) submit a completed written application, on forms
12		provided by the Department and fees as established by the
13		Department;
14		(2) for registered nurse licensure, have graduated
15		from a professional nursing education program approved by
16		the Department;
17		(2.5) for licensed practical nurse licensure, have
18		graduated graduate from a practical nursing education
19		program approved by the Department;
20		(3) have not violated the provisions of Section 10-45
21		of this Act. The Department may take into consideration any
22		felony conviction of the applicant, but such a conviction
23		shall not operate as an absolute bar to licensure;
24		(4) meet all other requirements as established by rule;
25		(5) pay, either to the Department or its designated
26		testing service, a fee covering the cost of providing the
27		examination. Failure to appear for the examination on the
28		scheduled date at the time and place specified after the
29		applicant's application for examination has been received
30		and acknowledged by the Department or the designated
31		testing service shall result in the forfeiture of the
32		examination fee.
33		If an applicant neglects, fails, or refuses to take an
34		examination or fails to pass an examination for a license under

1		this Act within 3 years after filing the application, the
2		application shall be denied. However, the applicant may make a
3		new application accompanied by the required fee and provide
4		evidence of meeting the requirements in force at the time of
5		the new application.
6		An applicant may take and successfully complete a
7		Department-approved examination in another jurisdiction.
8		However, an applicant who has never been licensed previously in
9		any jurisdiction that utilizes a Department-approved
10		examination and who has taken and failed to pass the
11		examination within 3 years after filing the application must
12		submit proof of successful completion of a
13		Department-authorized nursing education program or
14		recompletion of an approved registered nursing program or
15		licensed practical nursing program, as appropriate, prior to
16		re-application.
17		An applicant shall have one year from the date of
18		notification of successful completion of the examination to
19		apply to the Department for a license. If an applicant fails to
20		apply within one year, the applicant shall be required to again
21		take and pass the examination unless licensed in another
22		jurisdiction of the United States within one year of passing
23		the examination.
24		(c) An applicant for licensure by endorsement who is a
25		registered professional nurse or a licensed practical nurse
26		licensed by examination under the laws of another state or
27		territory of the United States or a foreign country,
28		jurisdiction, territory, or province shall:
29		(1) submit a completed written application, on forms
30		supplied by the Department, and fees as established by the
31		Department;
32		(2) for registered nurse licensure, have graduated
33		from a professional nursing education program approved by
34		the Department;
35		(2.5) for licensed practical nurse licensure, have
36		graduated from a practical nursing education program

1		approved by the Department;
2		(3) submit verification of licensure status directly
3		from the United States jurisdiction of licensure, if
4		applicable, as defined by rule;
5		(4) have passed the examination authorized by the
6		Department;
7		(5) meet all other requirements as established by rule.
8		(d) All applicants for registered nurse licensure pursuant
9		to item (2) of subsection (b) and item (2) of subsection (c) of
10		this Section who are graduates of nursing educational programs
11		in a country other than the United States or its territories
12		must submit to the Department certification of successful
13		completion of the Commission of Graduates of Foreign Nursing
14		Schools (CGFNS) examination. An applicant who is unable to
15		provide appropriate documentation to satisfy CGFNS of her or
16		his educational qualifications for the CGFNS examination shall
17		be required to pass an examination to test competency in the
18		English language, which shall be prescribed by the Department,
19		if the applicant is determined by the Board to be educationally
20		prepared in nursing. The Board shall make appropriate inquiry
21		into the reasons for any adverse determination by CGFNS before
22		making its own decision.
23		An applicant licensed in another state or territory who is
24		applying for licensure and has received her or his education in
25		a country other than the United States or its territories shall
26		be exempt from the completion of the Commission of Graduates of
27		Foreign Nursing Schools (CGFNS) examination if the applicant
28		meets all of the following requirements:
29		(1) successful passage of the licensure examination
30		authorized by the Department;
31		(2) holds an active, unencumbered license in another
32		state; and
33		(3) has been actively practicing for a minimum of 2
34		years in another state.
35		(e) (Blank).
36		(f) Pending the issuance of a license under subsection (c)

1		of this Section, the Department may grant an applicant a
2		temporary license to practice nursing as a registered nurse or
3		as a licensed practical nurse if the Department is satisfied
4		that the applicant holds an active, unencumbered license in
5		good standing in another jurisdiction. If the applicant holds
6		more than one current active license, or one or more active
7		temporary licenses from other jurisdictions, the Department
8		shall not issue a temporary license until it is satisfied that
9		each current active license held by the applicant is
10		unencumbered. The temporary license, which shall be issued no
11		later than 14 working days following receipt by the Department
12		of an application for the temporary license, shall be granted
13		upon the submission of the following to the Department:
14		(1) a signed and completed application for licensure
15		under subsection (a) of this Section as a registered nurse
16		or a licensed practical nurse;
17		(2) proof of a current, active license in at least one
18		other jurisdiction and proof that each current active
19		license or temporary license held by the applicant within
20		the last 5 years is unencumbered;
21		(3) a signed and completed application for a temporary
22		license; and
23		(4) the required temporary license fee.
24		(g) The Department may refuse to issue an applicant a
25		temporary license authorized pursuant to this Section if,
26		within 14 working days following its receipt of an application
27		for a temporary license, the Department determines that:
28		(1) the applicant has been convicted of a crime under
29		the laws of a jurisdiction of the United States: (i) which
30		is a felony; or (ii) which is a misdemeanor directly
31		related to the practice of the profession, within the last
32		5 years;
33		(2) within the last 5 years the applicant has had a
34		license or permit related to the practice of nursing
35		revoked, suspended, or placed on probation by another
36		jurisdiction, if at least one of the grounds for revoking,

1		suspending, or placing on probation is the same or
2		substantially equivalent to grounds in Illinois; or
3		(3) it intends to deny licensure by endorsement.
4		For purposes of this Section, an "unencumbered license"
5		means a license against which no disciplinary action has been
6		taken or is pending and for which all fees and charges are paid
7		and current.
8		(h) The Department may revoke a temporary license issued
9		pursuant to this Section if:
10		(1) it determines that the applicant has been convicted
11		of a crime under the law of any jurisdiction of the United
12		States that is (i) a felony or (ii) a misdemeanor directly
13		related to the practice of the profession, within the last
14		5 years;
15		(2) it determines that within the last 5 years the
16		applicant has had a license or permit related to the
17		practice of nursing revoked, suspended, or placed on
18		probation by another jurisdiction, if at least one of the
19		grounds for revoking, suspending, or placing on probation
20		is the same or substantially equivalent to grounds in
21		Illinois; or
22		(3) it determines that it intends to deny licensure by
23		endorsement.
24		A temporary license shall expire 6 months from the date of
25		issuance. Further renewal may be granted by the Department in
26		hardship cases, as defined by rule and upon approval of the
27		Director. However, a temporary license shall automatically
28		expire upon issuance of the Illinois license or upon
29		notification that the Department intends to deny licensure,
30		whichever occurs first.
31		(i) Applicants have 3 years from the date of application to
32		complete the application process. If the process has not been
33		completed within 3 years from the date of application, the
34		application shall be denied, the fee forfeited, and the
35		applicant must reapply and meet the requirements in effect at
36		the time of reapplication.

1		(Source: P.A. 92-39, eff. 6-29-01; 92-744, eff. 7-25-02;
2		revised 2-17-03.)

3		Section 370. The Pyrotechnic Operator Licensing Act is
4		amended by renumbering Section 99 as follows:
5		(225 ILCS 227/999)
6		Sec. 999 99. Effective date. This Act takes effect upon
7		becoming law.
8		(Source: P.A. 93-263, eff. 7-22-03; revised 9-19-03.)

9		Section 375. The Elevator Safety and Regulation Act is
10		amended by changing Sections 15 and 25 as follows:
11		(225 ILCS 312/15)
12		(Section scheduled to be repealed on January 1, 2013)
13		Sec. 15. Definitions. For the purpose of this Act:
14		"Administrator" means the Office of the State Fire Marshal.
15		"ANSI A10.4" means the safety requirements for personnel
16		hoists, an American National Standard.
17		"ASCE 21" means the American Society of Civil Engineers
18		Automated People Mover Standards.
19		"ASME A17.1" means the Safety Code for Elevators and
20		Escalators, an American National Standard.
21		"ASME A17.3" means the Safety Code for Existing Elevators
22		and Escalators, an American National Standard.
23		"ASME A18.1" means the Safety Standard for Platform Lifts
24		and Stairway Chairlifts, an American National Standard.
25		"Automated people mover" means an installation as defined
26		as an "automated people mover" in ASCE 21.
27		"Board" means the Elevator Safety Review Board.
28		"Certificate of operation" means a certificate issued by
29		the Administrator that indicates that the conveyance has passed
30		the required safety inspection and tests and fees have been
31		paid as set forth in this Act. The Administrator may issue a
32		temporary certificate of operation that permits the temporary

1		use of a non-compliant conveyance by the general public for a
2		limited time of 30 days while minor repairs are being
3		completed.
4		"Conveyance" means any elevator, dumbwaiter, escalator,
5		moving sidewalk, platform lifts, stairway chairlifts and
6		automated people movers.
7		"Elevator" means an installation defined as an "elevator"
8		in ASME A17.1.
9		"Elevator contractor" means any person, firm, or
10		corporation who possesses an elevator contractor's license in
11		accordance with the provisions of Sections 40 and 55 of this
12		Act and who is engaged in the business of erecting,
13		constructing, installing, altering, servicing, repairing, or
14		maintaining elevators or related conveyance covered by this
15		Act.
16		"Elevator contractor's license" means a license issued to
17		an elevator contractor who has proven his or her qualifications
18		and ability and has been authorized by the Elevator Safety
19		Review Board to possess this type of license. It shall entitle
20		the holder thereof to engage in the business of erecting,
21		constructing, installing, altering, servicing, testing,
22		repairing, or maintaining elevators or related conveyance
23		covered by this Act. The Administrator may issue a limited
24		elevator contractor's license authorizing a firm or company
25		that employs individuals to carry on a business of erecting,
26		constructing, installing, altering, servicing, repairing, or
27		maintaining platform lifts and stairway chairlifts within any
28		building or structure, including but not limited to private
29		residences.
30		"Elevator inspector" means any person who possesses an
31		elevator inspector's license in accordance with the provisions
32		of this Act or any person who performs the duties and functions
33		of an elevator inspector for any unit of local government with
34		a population greater than 500,000 prior to or on the effective
35		date of this Act.
36		"Elevator mechanic" means any person who possesses an

1		elevator mechanic's license in accordance with the provisions
2		of Sections 40 and 45 of this Act and who is engaged in
3		erecting, constructing, installing, altering, servicing,
4		repairing, or maintaining elevators or related conveyance
5		covered by this Act.
6		"Elevator mechanic's license" means a license issued to a
7		person who has proven his or her qualifications and ability and
8		has been authorized by the Elevator Safety Review Board to work
9		on conveyance equipment. It shall entitle the holder thereof to
10		install, construct, alter, service, repair, test, maintain,
11		and perform electrical work on elevators or related conveyance
12		covered by this Act.
13		"Escalator" means an installation defined as an
14		"escalator" in ASME A17.1.
15		"Existing installation" means an installation defined as
16		an "installation, existing" in ASME A17.1.
17		"Inspector's license" means a license issued to a person
18		who has proven his or her qualifications and ability and has
19		been authorized by the Elevator Safety Review Board to possess
20		this type of license. It shall entitle the holder thereof to
21		engage in the business of inspecting elevators or related
22		conveyance covered by this Act.
23		"License" means a written license, duly issued by the
24		Administrator, authorizing a person, firm, or company to carry
25		on the business of erecting, constructing, installing,
26		altering, servicing, repairing, maintaining, or performing
27		inspections of elevators or related conveyance covered by this
28		Act.
29		"Material alteration" means an "alteration" as defined by
30		the Board.
31		"Moving walk" means an installation as defined as a "moving
32		walk" in ASME A17.1.
33		"Private residence" means a separate dwelling or a separate
34		apartment in a multiple dwelling that is occupied by members of
35		a single-family unit.
36		"Repair" has the meaning defined by the Board, which does

1		not require a permit.
2		"Temporarily dormant" means an elevator, dumbwaiter, or
3		escalator:
4		(1) with a power supply that has been disconnected by
5		removing fuses and placing a padlock on the mainline
6		disconnect switch in the "off" position;
7		(2) with a car that is parked and hoistway doors that
8		are in the closed and latched position;
9		(3) with a wire seal on the mainline disconnect switch
10		installed by a licensed elevator inspector;
11		(4) that shall not be used again until it has been put
12		in safe running order and is in condition for use;
13		(5) requiring annual inspections for the duration of
14		the temporarily dormant status by a licensed elevator
15		inspector;
16		(6) that has a "temporarily dormant" status that is
17		renewable on an annual basis, not to exceed a one-year
18		period;
19		(7) requiring the inspector to file a report with the
20		chief elevator inspector describing the current
21		conditions; and
22		(8) with a wire seal and padlock that shall not be
23		removed for any purpose without permission from the
24		elevator inspector.
25		(Source: P.A. 92-873, eff. 6-1-03; revised 1-20-03.)
26		(225 ILCS 312/25)
27		(Section scheduled to be repealed on January 1, 2013)
28		Sec. 25. Elevator Safety Review Board.
29		(a) There is hereby created within the Office of the State
30		Fire Marshal the Elevator Safety Review Board, consisting of 13
31		members. The Administrator shall appoint 3 members who shall be
32		representatives of of a fire service communities. The Governor
33		shall appoint the remaining 10 members of the Board as follows:
34		one representative from a major elevator manufacturing company
35		or its authorized representative; one representative from an

1		elevator servicing company; one representative of the
2		architectural design profession; one representative of the
3		general public; one representative of a municipality in this
4		State with a population over 500,000; one representative of a
5		municipality in this State with a population under 25,000; one
6		representative of a municipality in this State with a
7		population of 25,000 or over but under 50,000; one
8		representative of a municipality in this State with a
9		population of 50,000 or over but under 500,000; one
10		representative of a building owner or manager; and one
11		representative of labor involved in the installation,
12		maintenance, and repair of elevators.
13		(b) The members constituting the Board shall be appointed
14		for initial terms as follows:
15		(1) Of the members appointed by the Administrator, 2
16		shall serve for a term of 2 years, and one for a term of 4
17		years.
18		(2) Of the members appointed by the Governor, 2 shall
19		serve for a term of one year, 2 for terms of 2 years, 2 for
20		terms of 3 years, and 4 for terms of 4 years.
21		At the expiration of their initial terms of office, the
22		members or their successors shall be appointed for terms of 4
23		years each. Upon the expiration of a member's term of office,
24		the officer who appointed that member shall reappoint that
25		member or appoint a successor who is a representative of the
26		same interests with which his or her predecessor was
27		identified. The Administrator and the Governor may at any time
28		remove any of their respective appointees for inefficiency or
29		neglect of duty in office. Upon the death or incapacity of a
30		member, the officer who appointed that member shall fill the
31		vacancy for the remainder of the vacated term by appointing a
32		member who is a representative of the same interests with which
33		his or her predecessor was identified. The members shall serve
34		without salary, but shall receive from the State expenses
35		necessarily incurred by them in performance of their duties.
36		The Governor shall appoint one of the members to serve as

1		chairperson. The chairperson shall be the deciding vote in the
2		event of a tie vote.
3		(Source: P.A. 92-873, eff. 6-1-03; revised 1-20-03.)

4		Section 380. The Illinois Petroleum Education and
5		Marketing Act is amended by changing Section 10 as follows:
6		(225 ILCS 728/10)
7		(Section scheduled to be repealed on January 1, 2008)
8		Sec. 10. Illinois Petroleum Resources Board.
9		(a) There is hereby created until January 1, 2008, the
10		Illinois Petroleum Resources Board which shall be subject to
11		the provisions of the Regulatory Sunset Act. The purpose of the
12		Board is to coordinate a program designed to demonstrate to the
13		general public the importance of the Illinois oil exploration
14		and production industry, to encourage the wise and efficient
15		use of energy, to promote environmentally sound production
16		methods and technologies, to develop existing supplies of State
17		oil resources, and to support research and educational
18		activities concerning the oil exploration and production
19		industry.
20		(b) The Board shall be composed of 12 members to be
21		appointed by the Governor. The Governor shall make appointments
22		from a list of names submitted by qualified producer
23		associations, of which 10 shall be oil and gas producers.
24		(c) A member of the Board shall:
25		(1) be at least 25 years of age;
26		(2) be a resident of the State of Illinois; and
27		(3) have at least 5 years of active experience in the
28		oil industry.
29		(d) Members shall serve for a term of 3 years, except that
30		of the initial appointments, 4 members shall serve for one
31		year, 4 members for 2 years, and 4 members for 3 years.
32		(e) Vacancies shall be filled for the unexpired term of
33		office in the same manner as the original appointment.
34		(f) The Board shall, at its first meeting, elect one of its

1		members as chairperson, who shall preside over meetings of the
2		Board and perform other duties that may be required by the
3		Board. The first meeting of the Board shall be called by the
4		Governor.
5		(g) No member of the Board shall receive a salary or
6		reimbursement for duties performed as a member of the Board,
7		except that members are eligible to receive reimbursement for
8		travel expenses incurred in the performance of Board duties.
9		(Source: P.A. 92-610, eff. 7-1-02; 92-651, eff. 7-11-02;
10		revised 8-12-02.)

11		Section 385. The Liquor Control Act of 1934 is amended by
12		changing Sections 6-11, 6-15, and 6-16.2 as follows:
13		(235 ILCS 5/6-11) (from Ch. 43, par. 127)
14		Sec. 6-11. Sale near churches, schools, and hospitals.
15		(a) No license shall be issued for the sale at retail of
16		any alcoholic liquor within 100 feet of any church, school
17		other than an institution of higher learning, hospital, home
18		for aged or indigent persons or for veterans, their spouses or
19		children or any military or naval station, provided, that this
20		prohibition shall not apply to hotels offering restaurant
21		service, regularly organized clubs, or to restaurants, food
22		shops or other places where sale of alcoholic liquors is not
23		the principal business carried on if the place of business so
24		exempted is not located in a municipality of more than 500,000
25		persons, unless required by local ordinance; nor to the renewal
26		of a license for the sale at retail of alcoholic liquor on
27		premises within 100 feet of any church or school where the
28		church or school has been established within such 100 feet
29		since the issuance of the original license. In the case of a
30		church, the distance of 100 feet shall be measured to the
31		nearest part of any building used for worship services or
32		educational programs and not to property boundaries.
33		(b) Nothing in this Section shall prohibit the issuance of
34		a retail license authorizing the sale of alcoholic liquor to a

1		restaurant, the primary business of which is the sale of goods
2		baked on the premises if (i) the restaurant is newly
3		constructed and located on a lot of not less than 10,000 square
4		feet, (ii) the restaurant costs at least $1,000,000 to
5		construct, (iii) the licensee is the titleholder to the
6		premises and resides on the premises, and (iv) the construction
7		of the restaurant is completed within 18 months of the
8		effective date of this amendatory Act of 1998.
9		(c) Nothing in this Section shall prohibit the issuance of
10		a retail license authorizing the sale of alcoholic liquor
11		incidental to a restaurant if (1) the primary business of the
12		restaurant consists of the sale of food where the sale of
13		liquor is incidental to the sale of food and the applicant is a
14		completely new owner of the restaurant, (2) the immediately
15		prior owner or operator of the premises where the restaurant is
16		located operated the premises as a restaurant and held a valid
17		retail license authorizing the sale of alcoholic liquor at the
18		restaurant for at least part of the 24 months before the change
19		of ownership, and (3) the restaurant is located 75 or more feet
20		from a school.
21		(d) In the interest of further developing Illinois' economy
22		in the area of commerce, tourism, convention, and banquet
23		business, nothing in this Section shall prohibit issuance of a
24		retail license authorizing the sale of alcoholic beverages to a
25		restaurant, banquet facility, grocery store, or hotel having
26		not fewer than 150 guest room accommodations located in a
27		municipality of more than 500,000 persons, notwithstanding the
28		proximity of such hotel, restaurant, banquet facility, or
29		grocery store to any church or school, if the licensed premises
30		described on the license are located within an enclosed mall or
31		building of a height of at least 6 stories, or 60 feet in the
32		case of a building that has been registered as a national
33		landmark, or in a grocery store having a minimum of 56,010
34		square feet of floor space in a single story building in an
35		open mall of at least 3.96 acres that is adjacent to a public
36		school that opened as a boys technical high school in 1934, and

1		in each of these cases if the sale of alcoholic liquors is not
2		the principal business carried on by the licensee.
3		For purposes of this Section, a "banquet facility" is any
4		part of a building that caters to private parties and where the
5		sale of alcoholic liquors is not the principal business.
6		(e) Nothing in this Section shall prohibit the issuance of
7		a license to a church or private school to sell at retail
8		alcoholic liquor if any such sales are limited to periods when
9		groups are assembled on the premises solely for the promotion
10		of some common object other than the sale or consumption of
11		alcoholic liquors.
12		(f) Nothing in this Section shall prohibit a church or
13		church affiliated school located in a home rule municipality or
14		in a municipality with 75,000 or more inhabitants from locating
15		within 100 feet of a property for which there is a preexisting
16		license to sell alcoholic liquor at retail. In these instances,
17		the local zoning authority may, by ordinance adopted
18		simultaneously with the granting of an initial special use
19		zoning permit for the church or church affiliated school,
20		provide that the 100-foot restriction in this Section shall not
21		apply to that church or church affiliated school and future
22		retail liquor licenses.
23		(g) Nothing in this Section shall prohibit the issuance of
24		a retail license authorizing the sale of alcoholic liquor at
25		premises within 100 feet, but not less than 90 feet, of a
26		public school if (1) the premises have been continuously
27		licensed to sell alcoholic liquor for a period of at least 50
28		years, (2) the premises are located in a municipality having a
29		population of over 500,000 inhabitants, (3) the licensee is an
30		individual who is a member of a family that has held the
31		previous 3 licenses for that location for more than 25 years,
32		(4) the principal of the school and the alderman of the ward in
33		which the school is located have delivered a written statement
34		to the local liquor control commissioner stating that they do
35		not object to the issuance of a license under this subsection
36		(g), and (5) the local liquor control commissioner has received

1		the written consent of a majority of the registered voters who
2		live within 200 feet of the premises.
3		(Source: P.A. 91-357, eff. 7-29-99; 91-623, eff. 1-1-00;
4		92-720, eff. 7-25-02; 92-813, eff. 8-21-02; revised 9-18-02.)
5		(235 ILCS 5/6-15) (from Ch. 43, par. 130)
6		(Text of Section before amendment by P.A. 93-627)
7		Sec. 6-15. No alcoholic liquors shall be sold or delivered
8		in any building belonging to or under the control of the State
9		or any political subdivision thereof except as provided in this
10		Act. The corporate authorities of any city, village,
11		incorporated town or township may provide by ordinance,
12		however, that alcoholic liquor may be sold or delivered in any
13		specifically designated building belonging to or under the
14		control of the municipality or township, or in any building
15		located on land under the control of the municipality; provided
16		that such township complies with all applicable local
17		ordinances in any incorporated area of the township. Alcoholic
18		liquors may be delivered to and sold at any airport belonging
19		to or under the control of a municipality of more than 25,000
20		inhabitants, or in any building or on any golf course owned by
21		a park district organized under the Park District Code, subject
22		to the approval of the governing board of the district, or in
23		any building or on any golf course owned by a forest preserve
24		district organized under the Downstate Forest Preserve
25		District Act, subject to the approval of the governing board of
26		the district, or on the grounds within 500 feet of any building
27		owned by a forest preserve district organized under the
28		Downstate Forest Preserve District Act during times when food
29		is dispensed for consumption within 500 feet of the building
30		from which the food is dispensed, subject to the approval of
31		the governing board of the district, or in a building owned by
32		a Local Mass Transit District organized under the Local Mass
33		Transit District Act, subject to the approval of the governing
34		Board of the District, or in Bicentennial Park, or on the
35		premises of the City of Mendota Lake Park located adjacent to

1		Route 51 in Mendota, Illinois, or on the premises of Camden
2		Park in Milan, Illinois, or in the community center owned by
3		the City of Loves Park that is located at 1000 River Park Drive
4		in Loves Park, Illinois, or, in connection with the operation
5		of an established food serving facility during times when food
6		is dispensed for consumption on the premises, and at the
7		following aquarium and museums located in public parks: Art
8		Institute of Chicago, Chicago Academy of Sciences, Chicago
9		Historical Society, Field Museum of Natural History, Museum of
10		Science and Industry, DuSable Museum of African American
11		History, John G. Shedd Aquarium and Adler Planetarium, or at
12		Lakeview Museum of Arts and Sciences in Peoria, or in
13		connection with the operation of the facilities of the Chicago
14		Zoological Society or the Chicago Horticultural Society on land
15		owned by the Forest Preserve District of Cook County, or on any
16		land used for a golf course or for recreational purposes owned
17		by the Forest Preserve District of Cook County, subject to the
18		control of the Forest Preserve District Board of Commissioners
19		and applicable local law, provided that dram shop liability
20		insurance is provided at maximum coverage limits so as to hold
21		the District harmless from all financial loss, damage, and
22		harm, or in any building located on land owned by the Chicago
23		Park District if approved by the Park District Commissioners,
24		or on any land used for a golf course or for recreational
25		purposes and owned by the Illinois International Port District
26		if approved by the District's governing board, or at any
27		airport, golf course, faculty center, or facility in which
28		conference and convention type activities take place belonging
29		to or under control of any State university or public community
30		college district, provided that with respect to a facility for
31		conference and convention type activities alcoholic liquors
32		shall be limited to the use of the convention or conference
33		participants or participants in cultural, political or
34		educational activities held in such facilities, and provided
35		further that the faculty or staff of the State university or a
36		public community college district, or members of an

1		organization of students, alumni, faculty or staff of the State
2		university or a public community college district are active
3		participants in the conference or convention, or in Memorial
4		Stadium on the campus of the University of Illinois at
5		Urbana-Champaign during games in which the Chicago Bears
6		professional football team is playing in that stadium during
7		the renovation of Soldier Field, not more than one and a half
8		hours before the start of the game and not after the end of the
9		third quarter of the game, or by a catering establishment which
10		has rented facilities from a board of trustees of a public
11		community college district, or, if approved by the District
12		board, on land owned by the Metropolitan Sanitary District of
13		Greater Chicago and leased to others for a term of at least 20
14		years. Nothing in this Section precludes the sale or delivery
15		of alcoholic liquor in the form of original packaged goods in
16		premises located at 500 S. Racine in Chicago belonging to the
17		University of Illinois and used primarily as a grocery store by
18		a commercial tenant during the term of a lease that predates
19		the University's acquisition of the premises; but the
20		University shall have no power or authority to renew, transfer,
21		or extend the lease with terms allowing the sale of alcoholic
22		liquor; and the sale of alcoholic liquor shall be subject to
23		all local laws and regulations. After the acquisition by
24		Winnebago County of the property located at 404 Elm Street in
25		Rockford, a commercial tenant who sold alcoholic liquor at
26		retail on a portion of the property under a valid license at
27		the time of the acquisition may continue to do so for so long
28		as the tenant and the County may agree under existing or future
29		leases, subject to all local laws and regulations regarding the
30		sale of alcoholic liquor. Each facility shall provide dram shop
31		liability in maximum insurance coverage limits so as to save
32		harmless the State, municipality, State university, airport,
33		golf course, faculty center, facility in which conference and
34		convention type activities take place, park district, Forest
35		Preserve District, public community college district,
36		aquarium, museum, or sanitary district from all financial loss,

1		damage or harm. Alcoholic liquors may be sold at retail in
2		buildings of golf courses owned by municipalities in connection
3		with the operation of an established food serving facility
4		during times when food is dispensed for consumption upon the
5		premises. Alcoholic liquors may be delivered to and sold at
6		retail in any building owned by a fire protection district
7		organized under the Fire Protection District Act, provided that
8		such delivery and sale is approved by the board of trustees of
9		the district, and provided further that such delivery and sale
10		is limited to fundraising events and to a maximum of 6 events
11		per year.
12		Alcoholic liquor may be delivered to and sold at retail in
13		the Dorchester Senior Business Center owned by the Village of
14		Dolton if the alcoholic liquor is sold or dispensed only in
15		connection with organized functions for which the planned
16		attendance is 20 or more persons, and if the person or facility
17		selling or dispensing the alcoholic liquor has provided dram
18		shop liability insurance in maximum limits so as to hold
19		harmless the Village of Dolton and the State from all financial
20		loss, damage and harm.
21		Alcoholic liquors may be delivered to and sold at retail in
22		any building used as an Illinois State Armory provided:
23		(i) the Adjutant General's written consent to the
24		issuance of a license to sell alcoholic liquor in such
25		building is filed with the Commission;
26		(ii) the alcoholic liquor is sold or dispensed only in
27		connection with organized functions held on special
28		occasions;
29		(iii) the organized function is one for which the
30		planned attendance is 25 or more persons; and
31		(iv) the facility selling or dispensing the alcoholic
32		liquors has provided dram shop liability insurance in
33		maximum limits so as to save harmless the facility and the
34		State from all financial loss, damage or harm.
35		Alcoholic liquors may be delivered to and sold at retail in
36		the Chicago Civic Center, provided that:

1		(i) the written consent of the Public Building
2		Commission which administers the Chicago Civic Center is
3		filed with the Commission;
4		(ii) the alcoholic liquor is sold or dispensed only in
5		connection with organized functions held on special
6		occasions;
7		(iii) the organized function is one for which the
8		planned attendance is 25 or more persons;
9		(iv) the facility selling or dispensing the alcoholic
10		liquors has provided dram shop liability insurance in
11		maximum limits so as to hold harmless the Civic Center, the
12		City of Chicago and the State from all financial loss,
13		damage or harm; and
14		(v) all applicable local ordinances are complied with.
15		Alcoholic liquors may be delivered or sold in any building
16		belonging to or under the control of any city, village or
17		incorporated town where more than 75% of the physical
18		properties of the building is used for commercial or
19		recreational purposes, and the building is located upon a pier
20		extending into or over the waters of a navigable lake or stream
21		or on the shore of a navigable lake or stream. Alcoholic liquor
22		may be sold in buildings under the control of the Department of
23		Natural Resources when written consent to the issuance of a
24		license to sell alcoholic liquor in such buildings is filed
25		with the Commission by the Department of Natural Resources.
26		Alcoholic liquor may be served or delivered in buildings and
27		facilities under the control of the Department of Natural
28		Resources upon the written approval of the Director of Natural
29		Resources acting as the controlling government authority. The
30		Director of Natural Resources may specify conditions on that
31		approval, including but not limited to requirements for
32		insurance and hours of operation. Notwithstanding any other
33		provision of this Act, alcoholic liquor sold by a United States
34		Army Corps of Engineers or Department of Natural Resources
35		concessionaire who was operating on June 1, 1991 for
36		on-premises consumption only is not subject to the provisions

1		of Articles IV and IX. Beer and wine may be sold on the
2		premises of the Joliet Park District Stadium owned by the
3		Joliet Park District when written consent to the issuance of a
4		license to sell beer and wine in such premises is filed with
5		the local liquor commissioner by the Joliet Park District. Beer
6		and wine may be sold in buildings on the grounds of State
7		veterans' homes when written consent to the issuance of a
8		license to sell beer and wine in such buildings is filed with
9		the Commission by the Department of Veterans' Affairs, and the
10		facility shall provide dram shop liability in maximum insurance
11		coverage limits so as to save the facility harmless from all
12		financial loss, damage or harm. Such liquors may be delivered
13		to and sold at any property owned or held under lease by a
14		Metropolitan Pier and Exposition Authority or Metropolitan
15		Exposition and Auditorium Authority.
16		Beer and wine may be sold and dispensed at professional
17		sporting events and at professional concerts and other
18		entertainment events conducted on premises owned by the Forest
19		Preserve District of Kane County, subject to the control of the
20		District Commissioners and applicable local law, provided that
21		dram shop liability insurance is provided at maximum coverage
22		limits so as to hold the District harmless from all financial
23		loss, damage and harm.
24		Nothing in this Section shall preclude the sale or delivery
25		of beer and wine at a State or county fair or the sale or
26		delivery of beer or wine at a city fair in any otherwise lawful
27		manner.
28		Alcoholic liquors may be sold at retail in buildings in
29		State parks under the control of the Department of Natural
30		Resources, provided:
31		a. the State park has overnight lodging facilities with
32		some restaurant facilities or, not having overnight
33		lodging facilities, has restaurant facilities which serve
34		complete luncheon and dinner or supper meals,
35		b. consent to the issuance of a license to sell
36		alcoholic liquors in the buildings has been filed with the

1		commission by the Department of Natural Resources, and
2		c. the alcoholic liquors are sold by the State park
3		lodge or restaurant concessionaire only during the hours
4		from 11 o'clock a.m. until 12 o'clock midnight.
5		Notwithstanding any other provision of this Act, alcoholic
6		liquor sold by the State park or restaurant concessionaire
7		is not subject to the provisions of Articles IV and IX.
8		Alcoholic liquors may be sold at retail in buildings on
9		properties under the control of the Historic Sites and
10		Preservation Division of the Historic Preservation Agency or
11		the Abraham Lincoln Presidential Library and Museum provided:
12		a. the property has overnight lodging facilities with
13		some restaurant facilities or, not having overnight
14		lodging facilities, has restaurant facilities which serve
15		complete luncheon and dinner or supper meals,
16		b. consent to the issuance of a license to sell
17		alcoholic liquors in the buildings has been filed with the
18		commission by the Historic Sites and Preservation Division
19		of the Historic Preservation Agency or the Abraham Lincoln
20		Presidential Library and Museum, and
21		c. the alcoholic liquors are sold by the lodge or
22		restaurant concessionaire only during the hours from 11
23		o'clock a.m. until 12 o'clock midnight.
24		The sale of alcoholic liquors pursuant to this Section does
25		not authorize the establishment and operation of facilities
26		commonly called taverns, saloons, bars, cocktail lounges, and
27		the like except as a part of lodge and restaurant facilities in
28		State parks or golf courses owned by Forest Preserve Districts
29		with a population of less than 3,000,000 or municipalities or
30		park districts.
31		Alcoholic liquors may be sold at retail in the Springfield
32		Administration Building of the Department of Transportation
33		and the Illinois State Armory in Springfield; provided, that
34		the controlling government authority may consent to such sales
35		only if
36		a. the request is from a not-for-profit organization;

1		b. such sales would not impede normal operations of the
2		departments involved;
3		c. the not-for-profit organization provides dram shop
4		liability in maximum insurance coverage limits and agrees
5		to defend, save harmless and indemnify the State of
6		Illinois from all financial loss, damage or harm;
7		d. no such sale shall be made during normal working
8		hours of the State of Illinois; and
9		e. the consent is in writing.
10		Alcoholic liquors may be sold at retail in buildings in
11		recreational areas of river conservancy districts under the
12		control of, or leased from, the river conservancy districts.
13		Such sales are subject to reasonable local regulations as
14		provided in Article IV; however, no such regulations may
15		prohibit or substantially impair the sale of alcoholic liquors
16		on Sundays or Holidays.
17		Alcoholic liquors may be provided in long term care
18		facilities owned or operated by a county under Division 5-21 or
19		5-22 of the Counties Code, when approved by the facility
20		operator and not in conflict with the regulations of the
21		Illinois Department of Public Health, to residents of the
22		facility who have had their consumption of the alcoholic
23		liquors provided approved in writing by a physician licensed to
24		practice medicine in all its branches.
25		Alcoholic liquors may be delivered to and dispensed in
26		State housing assigned to employees of the Department of
27		Corrections. No person shall furnish or allow to be furnished
28		any alcoholic liquors to any prisoner confined in any jail,
29		reformatory, prison or house of correction except upon a
30		physician's prescription for medicinal purposes.
31		Alcoholic liquors may be sold at retail or dispensed at the
32		Willard Ice Building in Springfield, at the State Library in
33		Springfield, and at Illinois State Museum facilities by (1) an
34		agency of the State, whether legislative, judicial or
35		executive, provided that such agency first obtains written
36		permission to sell or dispense alcoholic liquors from the

1		controlling government authority, or by (2) a not-for-profit
2		organization, provided that such organization:
3		a. Obtains written consent from the controlling
4		government authority;
5		b. Sells or dispenses the alcoholic liquors in a manner
6		that does not impair normal operations of State offices
7		located in the building;
8		c. Sells or dispenses alcoholic liquors only in
9		connection with an official activity in the building;
10		d. Provides, or its catering service provides, dram
11		shop liability insurance in maximum coverage limits and in
12		which the carrier agrees to defend, save harmless and
13		indemnify the State of Illinois from all financial loss,
14		damage or harm arising out of the selling or dispensing of
15		alcoholic liquors.
16		Nothing in this Act shall prevent a not-for-profit
17		organization or agency of the State from employing the services
18		of a catering establishment for the selling or dispensing of
19		alcoholic liquors at authorized functions.
20		The controlling government authority for the Willard Ice
21		Building in Springfield shall be the Director of the Department
22		of Revenue. The controlling government authority for Illinois
23		State Museum facilities shall be the Director of the Illinois
24		State Museum. The controlling government authority for the
25		State Library in Springfield shall be the Secretary of State.
26		Alcoholic liquors may be delivered to and sold at retail or
27		dispensed at any facility, property or building under the
28		jurisdiction of the Historic Sites and Preservation Division of
29		the Historic Preservation Agency or the Abraham Lincoln
30		Presidential Library and Museum where the delivery, sale or
31		dispensing is by (1) an agency of the State, whether
32		legislative, judicial or executive, provided that such agency
33		first obtains written permission to sell or dispense alcoholic
34		liquors from a controlling government authority, or by (2) a
35		not-for-profit organization provided that such organization:
36		a. Obtains written consent from the controlling

1		government authority;
2		b. Sells or dispenses the alcoholic liquors in a manner
3		that does not impair normal workings of State offices or
4		operations located at the facility, property or building;
5		c. Sells or dispenses alcoholic liquors only in
6		connection with an official activity of the not-for-profit
7		organization in the facility, property or building;
8		d. Provides, or its catering service provides, dram
9		shop liability insurance in maximum coverage limits and in
10		which the carrier agrees to defend, save harmless and
11		indemnify the State of Illinois from all financial loss,
12		damage or harm arising out of the selling or dispensing of
13		alcoholic liquors.
14		The controlling government authority for the Historic
15		Sites and Preservation Division of the Historic Preservation
16		Agency shall be the Director of the Historic Sites and
17		Preservation, and the controlling government authority for the
18		Abraham Lincoln Presidential Library and Museum shall be the
19		Director of the Abraham Lincoln Presidential Library and
20		Museum.
21		Alcoholic liquors may be sold at retail or dispensed at the
22		James R. Thompson Center in Chicago, subject to the provisions
23		of Section 7.4 of the State Property Control Act, and 222 South
24		College Street in Springfield, Illinois by (1) a commercial
25		tenant or subtenant conducting business on the premises under a
26		lease or sublease made pursuant to Section 405-315 of the
27		Department of Central Management Services Law (20 ILCS
28		405/405-315), provided that such tenant or subtenant who sells
29		or dispenses alcoholic liquors shall procure and maintain dram
30		shop liability insurance in maximum coverage limits and in
31		which the carrier agrees to defend, indemnify and save harmless
32		the State of Illinois from all financial loss, damage or harm
33		arising out of the sale or dispensing of alcoholic liquors, or
34		by (2) an agency of the State, whether legislative, judicial or
35		executive, provided that such agency first obtains written
36		permission to sell or dispense alcoholic liquors from the

1		Director of Central Management Services, or by (3) a
2		not-for-profit organization, provided that such organization:
3		a. Obtains written consent from the Department of
4		Central Management Services;
5		b. Sells or dispenses the alcoholic liquors in a manner
6		that does not impair normal operations of State offices
7		located in the building;
8		c. Sells or dispenses alcoholic liquors only in
9		connection with an official activity in the building;
10		d. Provides, or its catering service provides, dram
11		shop liability insurance in maximum coverage limits and in
12		which the carrier agrees to defend, save harmless and
13		indemnify the State of Illinois from all financial loss,
14		damage or harm arising out of the selling or dispensing of
15		alcoholic liquors.
16		Nothing in this Act shall prevent a not-for-profit
17		organization or agency of the State from employing the services
18		of a catering establishment for the selling or dispensing of
19		alcoholic liquors at functions authorized by the Director of
20		Central Management Services.
21		Alcoholic liquors may be sold or delivered at any facility
22		owned by the Illinois Sports Facilities Authority provided that
23		dram shop liability insurance has been made available in a
24		form, with such coverage and in such amounts as the Authority
25		reasonably determines is necessary.
26		Alcoholic liquors may be sold at retail or dispensed at the
27		Rockford State Office Building by (1) an agency of the State,
28		whether legislative, judicial or executive, provided that such
29		agency first obtains written permission to sell or dispense
30		alcoholic liquors from the Department of Central Management
31		Services, or by (2) a not-for-profit organization, provided
32		that such organization:
33		a. Obtains written consent from the Department of
34		Central Management Services;
35		b. Sells or dispenses the alcoholic liquors in a manner
36		that does not impair normal operations of State offices

1		located in the building;
2		c. Sells or dispenses alcoholic liquors only in
3		connection with an official activity in the building;
4		d. Provides, or its catering service provides, dram
5		shop liability insurance in maximum coverage limits and in
6		which the carrier agrees to defend, save harmless and
7		indemnify the State of Illinois from all financial loss,
8		damage or harm arising out of the selling or dispensing of
9		alcoholic liquors.
10		Nothing in this Act shall prevent a not-for-profit
11		organization or agency of the State from employing the services
12		of a catering establishment for the selling or dispensing of
13		alcoholic liquors at functions authorized by the Department of
14		Central Management Services.
15		Alcoholic liquors may be sold or delivered in a building
16		that is owned by McLean County, situated on land owned by the
17		county in the City of Bloomington, and used by the McLean
18		County Historical Society if the sale or delivery is approved
19		by an ordinance adopted by the county board, and the
20		municipality in which the building is located may not prohibit
21		that sale or delivery, notwithstanding any other provision of
22		this Section. The regulation of the sale and delivery of
23		alcoholic liquor in a building that is owned by McLean County,
24		situated on land owned by the county, and used by the McLean
25		County Historical Society as provided in this paragraph is an
26		exclusive power and function of the State and is a denial and
27		limitation under Article VII, Section 6, subsection (h) of the
28		Illinois Constitution of the power of a home rule municipality
29		to regulate that sale and delivery.
30		Alcoholic liquors may be sold or delivered in any building
31		situated on land held in trust for any school district
32		organized under Article 34 of the School Code, if the building
33		is not used for school purposes and if the sale or delivery is
34		approved by the board of education.
35		Alcoholic liquors may be sold or delivered in buildings
36		owned by the Community Building Complex Committee of Boone

1		County, Illinois if the person or facility selling or
2		dispensing the alcoholic liquor has provided dram shop
3		liability insurance with coverage and in amounts that the
4		Committee reasonably determines are necessary.
5		Alcoholic liquors may be sold or delivered in the building
6		located at 1200 Centerville Avenue in Belleville, Illinois and
7		occupied by either the Belleville Area Special Education
8		District or the Belleville Area Special Services Cooperative.
9		(Source: P.A. 92-512, eff. 1-1-02; 92-583, eff. 6-26-02;
10		92-600, eff. 7-1-02; 93-19, eff. 6-20-03; 93-103, eff. 1-1-04;
11		revised 8-1-03.)
12		(Text of Section after amendment by P.A. 93-627)
13		Sec. 6-15. No alcoholic liquors shall be sold or delivered
14		in any building belonging to or under the control of the State
15		or any political subdivision thereof except as provided in this
16		Act. The corporate authorities of any city, village,
17		incorporated town or township may provide by ordinance,
18		however, that alcoholic liquor may be sold or delivered in any
19		specifically designated building belonging to or under the
20		control of the municipality or township, or in any building
21		located on land under the control of the municipality; provided
22		that such township complies with all applicable local
23		ordinances in any incorporated area of the township. Alcoholic
24		liquors may be delivered to and sold at any airport belonging
25		to or under the control of a municipality of more than 25,000
26		inhabitants, or in any building or on any golf course owned by
27		a park district organized under the Park District Code, subject
28		to the approval of the governing board of the district, or in
29		any building or on any golf course owned by a forest preserve
30		district organized under the Downstate Forest Preserve
31		District Act, subject to the approval of the governing board of
32		the district, or on the grounds within 500 feet of any building
33		owned by a forest preserve district organized under the
34		Downstate Forest Preserve District Act during times when food
35		is dispensed for consumption within 500 feet of the building

1		from which the food is dispensed, subject to the approval of
2		the governing board of the district, or in a building owned by
3		a Local Mass Transit District organized under the Local Mass
4		Transit District Act, subject to the approval of the governing
5		Board of the District, or in Bicentennial Park, or on the
6		premises of the City of Mendota Lake Park located adjacent to
7		Route 51 in Mendota, Illinois, or on the premises of Camden
8		Park in Milan, Illinois, or in the community center owned by
9		the City of Loves Park that is located at 1000 River Park Drive
10		in Loves Park, Illinois, or, in connection with the operation
11		of an established food serving facility during times when food
12		is dispensed for consumption on the premises, and at the
13		following aquarium and museums located in public parks: Art
14		Institute of Chicago, Chicago Academy of Sciences, Chicago
15		Historical Society, Field Museum of Natural History, Museum of
16		Science and Industry, DuSable Museum of African American
17		History, John G. Shedd Aquarium and Adler Planetarium, or at
18		Lakeview Museum of Arts and Sciences in Peoria, or in
19		connection with the operation of the facilities of the Chicago
20		Zoological Society or the Chicago Horticultural Society on land
21		owned by the Forest Preserve District of Cook County, or on any
22		land used for a golf course or for recreational purposes owned
23		by the Forest Preserve District of Cook County, subject to the
24		control of the Forest Preserve District Board of Commissioners
25		and applicable local law, provided that dram shop liability
26		insurance is provided at maximum coverage limits so as to hold
27		the District harmless from all financial loss, damage, and
28		harm, or in any building located on land owned by the Chicago
29		Park District if approved by the Park District Commissioners,
30		or on any land used for a golf course or for recreational
31		purposes and owned by the Illinois International Port District
32		if approved by the District's governing board, or at any
33		airport, golf course, faculty center, or facility in which
34		conference and convention type activities take place belonging
35		to or under control of any State university or public community
36		college district, provided that with respect to a facility for

1		conference and convention type activities alcoholic liquors
2		shall be limited to the use of the convention or conference
3		participants or participants in cultural, political or
4		educational activities held in such facilities, and provided
5		further that the faculty or staff of the State university or a
6		public community college district, or members of an
7		organization of students, alumni, faculty or staff of the State
8		university or a public community college district are active
9		participants in the conference or convention, or in Memorial
10		Stadium on the campus of the University of Illinois at
11		Urbana-Champaign during games in which the Chicago Bears
12		professional football team is playing in that stadium during
13		the renovation of Soldier Field, not more than one and a half
14		hours before the start of the game and not after the end of the
15		third quarter of the game, or by a catering establishment which
16		has rented facilities from a board of trustees of a public
17		community college district, or, if approved by the District
18		board, on land owned by the Metropolitan Sanitary District of
19		Greater Chicago and leased to others for a term of at least 20
20		years. Nothing in this Section precludes the sale or delivery
21		of alcoholic liquor in the form of original packaged goods in
22		premises located at 500 S. Racine in Chicago belonging to the
23		University of Illinois and used primarily as a grocery store by
24		a commercial tenant during the term of a lease that predates
25		the University's acquisition of the premises; but the
26		University shall have no power or authority to renew, transfer,
27		or extend the lease with terms allowing the sale of alcoholic
28		liquor; and the sale of alcoholic liquor shall be subject to
29		all local laws and regulations. After the acquisition by
30		Winnebago County of the property located at 404 Elm Street in
31		Rockford, a commercial tenant who sold alcoholic liquor at
32		retail on a portion of the property under a valid license at
33		the time of the acquisition may continue to do so for so long
34		as the tenant and the County may agree under existing or future
35		leases, subject to all local laws and regulations regarding the
36		sale of alcoholic liquor. Each facility shall provide dram shop

1		liability in maximum insurance coverage limits so as to save
2		harmless the State, municipality, State university, airport,
3		golf course, faculty center, facility in which conference and
4		convention type activities take place, park district, Forest
5		Preserve District, public community college district,
6		aquarium, museum, or sanitary district from all financial loss,
7		damage or harm. Alcoholic liquors may be sold at retail in
8		buildings of golf courses owned by municipalities in connection
9		with the operation of an established food serving facility
10		during times when food is dispensed for consumption upon the
11		premises. Alcoholic liquors may be delivered to and sold at
12		retail in any building owned by a fire protection district
13		organized under the Fire Protection District Act, provided that
14		such delivery and sale is approved by the board of trustees of
15		the district, and provided further that such delivery and sale
16		is limited to fundraising events and to a maximum of 6 events
17		per year.
18		Alcoholic liquor may be delivered to and sold at retail in
19		the Dorchester Senior Business Center owned by the Village of
20		Dolton if the alcoholic liquor is sold or dispensed only in
21		connection with organized functions for which the planned
22		attendance is 20 or more persons, and if the person or facility
23		selling or dispensing the alcoholic liquor has provided dram
24		shop liability insurance in maximum limits so as to hold
25		harmless the Village of Dolton and the State from all financial
26		loss, damage and harm.
27		Alcoholic liquors may be delivered to and sold at retail in
28		any building used as an Illinois State Armory provided:
29		(i) the Adjutant General's written consent to the
30		issuance of a license to sell alcoholic liquor in such
31		building is filed with the Commission;
32		(ii) the alcoholic liquor is sold or dispensed only in
33		connection with organized functions held on special
34		occasions;
35		(iii) the organized function is one for which the
36		planned attendance is 25 or more persons; and

1		(iv) the facility selling or dispensing the alcoholic
2		liquors has provided dram shop liability insurance in
3		maximum limits so as to save harmless the facility and the
4		State from all financial loss, damage or harm.
5		Alcoholic liquors may be delivered to and sold at retail in
6		the Chicago Civic Center, provided that:
7		(i) the written consent of the Public Building
8		Commission which administers the Chicago Civic Center is
9		filed with the Commission;
10		(ii) the alcoholic liquor is sold or dispensed only in
11		connection with organized functions held on special
12		occasions;
13		(iii) the organized function is one for which the
14		planned attendance is 25 or more persons;
15		(iv) the facility selling or dispensing the alcoholic
16		liquors has provided dram shop liability insurance in
17		maximum limits so as to hold harmless the Civic Center, the
18		City of Chicago and the State from all financial loss,
19		damage or harm; and
20		(v) all applicable local ordinances are complied with.
21		Alcoholic liquors may be delivered or sold in any building
22		belonging to or under the control of any city, village or
23		incorporated town where more than 75% of the physical
24		properties of the building is used for commercial or
25		recreational purposes, and the building is located upon a pier
26		extending into or over the waters of a navigable lake or stream
27		or on the shore of a navigable lake or stream. Alcoholic liquor
28		may be sold in buildings under the control of the Department of
29		Natural Resources when written consent to the issuance of a
30		license to sell alcoholic liquor in such buildings is filed
31		with the Commission by the Department of Natural Resources.
32		Alcoholic liquor may be served or delivered in buildings and
33		facilities under the control of the Department of Natural
34		Resources upon the written approval of the Director of Natural
35		Resources acting as the controlling government authority. The
36		Director of Natural Resources may specify conditions on that

1		approval, including but not limited to requirements for
2		insurance and hours of operation. Notwithstanding any other
3		provision of this Act, alcoholic liquor sold by a United States
4		Army Corps of Engineers or Department of Natural Resources
5		concessionaire who was operating on June 1, 1991 for
6		on-premises consumption only is not subject to the provisions
7		of Articles IV and IX. Beer and wine may be sold on the
8		premises of the Joliet Park District Stadium owned by the
9		Joliet Park District when written consent to the issuance of a
10		license to sell beer and wine in such premises is filed with
11		the local liquor commissioner by the Joliet Park District. Beer
12		and wine may be sold in buildings on the grounds of State
13		veterans' homes when written consent to the issuance of a
14		license to sell beer and wine in such buildings is filed with
15		the Commission by the Department of Veterans' Affairs, and the
16		facility shall provide dram shop liability in maximum insurance
17		coverage limits so as to save the facility harmless from all
18		financial loss, damage or harm. Such liquors may be delivered
19		to and sold at any property owned or held under lease by a
20		Metropolitan Pier and Exposition Authority or Metropolitan
21		Exposition and Auditorium Authority.
22		Beer and wine may be sold and dispensed at professional
23		sporting events and at professional concerts and other
24		entertainment events conducted on premises owned by the Forest
25		Preserve District of Kane County, subject to the control of the
26		District Commissioners and applicable local law, provided that
27		dram shop liability insurance is provided at maximum coverage
28		limits so as to hold the District harmless from all financial
29		loss, damage and harm.
30		Nothing in this Section shall preclude the sale or delivery
31		of beer and wine at a State or county fair or the sale or
32		delivery of beer or wine at a city fair in any otherwise lawful
33		manner.
34		Alcoholic liquors may be sold at retail in buildings in
35		State parks under the control of the Department of Natural
36		Resources, provided:

1		a. the State park has overnight lodging facilities with
2		some restaurant facilities or, not having overnight
3		lodging facilities, has restaurant facilities which serve
4		complete luncheon and dinner or supper meals,
5		b. consent to the issuance of a license to sell
6		alcoholic liquors in the buildings has been filed with the
7		commission by the Department of Natural Resources, and
8		c. the alcoholic liquors are sold by the State park
9		lodge or restaurant concessionaire only during the hours
10		from 11 o'clock a.m. until 12 o'clock midnight.
11		Notwithstanding any other provision of this Act, alcoholic
12		liquor sold by the State park or restaurant concessionaire
13		is not subject to the provisions of Articles IV and IX.
14		Alcoholic liquors may be sold at retail in buildings on
15		properties under the control of the Historic Sites and
16		Preservation Division of the Historic Preservation Agency or
17		the Abraham Lincoln Presidential Library and Museum provided:
18		a. the property has overnight lodging facilities with
19		some restaurant facilities or, not having overnight
20		lodging facilities, has restaurant facilities which serve
21		complete luncheon and dinner or supper meals,
22		b. consent to the issuance of a license to sell
23		alcoholic liquors in the buildings has been filed with the
24		commission by the Historic Sites and Preservation Division
25		of the Historic Preservation Agency or the Abraham Lincoln
26		Presidential Library and Museum, and
27		c. the alcoholic liquors are sold by the lodge or
28		restaurant concessionaire only during the hours from 11
29		o'clock a.m. until 12 o'clock midnight.
30		The sale of alcoholic liquors pursuant to this Section does
31		not authorize the establishment and operation of facilities
32		commonly called taverns, saloons, bars, cocktail lounges, and
33		the like except as a part of lodge and restaurant facilities in
34		State parks or golf courses owned by Forest Preserve Districts
35		with a population of less than 3,000,000 or municipalities or
36		park districts.

1		Alcoholic liquors may be sold at retail in the Springfield
2		Administration Building of the Department of Transportation
3		and the Illinois State Armory in Springfield; provided, that
4		the controlling government authority may consent to such sales
5		only if
6		a. the request is from a not-for-profit organization;
7		b. such sales would not impede normal operations of the
8		departments involved;
9		c. the not-for-profit organization provides dram shop
10		liability in maximum insurance coverage limits and agrees
11		to defend, save harmless and indemnify the State of
12		Illinois from all financial loss, damage or harm;
13		d. no such sale shall be made during normal working
14		hours of the State of Illinois; and
15		e. the consent is in writing.
16		Alcoholic liquors may be sold at retail in buildings in
17		recreational areas of river conservancy districts under the
18		control of, or leased from, the river conservancy districts.
19		Such sales are subject to reasonable local regulations as
20		provided in Article IV; however, no such regulations may
21		prohibit or substantially impair the sale of alcoholic liquors
22		on Sundays or Holidays.
23		Alcoholic liquors may be provided in long term care
24		facilities owned or operated by a county under Division 5-21 or
25		5-22 of the Counties Code, when approved by the facility
26		operator and not in conflict with the regulations of the
27		Illinois Department of Public Health, to residents of the
28		facility who have had their consumption of the alcoholic
29		liquors provided approved in writing by a physician licensed to
30		practice medicine in all its branches.
31		Alcoholic liquors may be delivered to and dispensed in
32		State housing assigned to employees of the Department of
33		Corrections. No person shall furnish or allow to be furnished
34		any alcoholic liquors to any prisoner confined in any jail,
35		reformatory, prison or house of correction except upon a
36		physician's prescription for medicinal purposes.

1		Alcoholic liquors may be sold at retail or dispensed at the
2		Willard Ice Building in Springfield, at the State Library in
3		Springfield, and at Illinois State Museum facilities by (1) an
4		agency of the State, whether legislative, judicial or
5		executive, provided that such agency first obtains written
6		permission to sell or dispense alcoholic liquors from the
7		controlling government authority, or by (2) a not-for-profit
8		organization, provided that such organization:
9		a. Obtains written consent from the controlling
10		government authority;
11		b. Sells or dispenses the alcoholic liquors in a manner
12		that does not impair normal operations of State offices
13		located in the building;
14		c. Sells or dispenses alcoholic liquors only in
15		connection with an official activity in the building;
16		d. Provides, or its catering service provides, dram
17		shop liability insurance in maximum coverage limits and in
18		which the carrier agrees to defend, save harmless and
19		indemnify the State of Illinois from all financial loss,
20		damage or harm arising out of the selling or dispensing of
21		alcoholic liquors.
22		Nothing in this Act shall prevent a not-for-profit
23		organization or agency of the State from employing the services
24		of a catering establishment for the selling or dispensing of
25		alcoholic liquors at authorized functions.
26		The controlling government authority for the Willard Ice
27		Building in Springfield shall be the Director of the Department
28		of Revenue. The controlling government authority for Illinois
29		State Museum facilities shall be the Director of the Illinois
30		State Museum. The controlling government authority for the
31		State Library in Springfield shall be the Secretary of State.
32		Alcoholic liquors may be delivered to and sold at retail or
33		dispensed at any facility, property or building under the
34		jurisdiction of the Historic Sites and Preservation Division of
35		the Historic Preservation Agency or the Abraham Lincoln
36		Presidential Library and Museum where the delivery, sale or

1		dispensing is by (1) an agency of the State, whether
2		legislative, judicial or executive, provided that such agency
3		first obtains written permission to sell or dispense alcoholic
4		liquors from a controlling government authority, or by (2) a
5		not-for-profit organization provided that such organization:
6		a. Obtains written consent from the controlling
7		government authority;
8		b. Sells or dispenses the alcoholic liquors in a manner
9		that does not impair normal workings of State offices or
10		operations located at the facility, property or building;
11		c. Sells or dispenses alcoholic liquors only in
12		connection with an official activity of the not-for-profit
13		organization in the facility, property or building;
14		d. Provides, or its catering service provides, dram
15		shop liability insurance in maximum coverage limits and in
16		which the carrier agrees to defend, save harmless and
17		indemnify the State of Illinois from all financial loss,
18		damage or harm arising out of the selling or dispensing of
19		alcoholic liquors.
20		The controlling government authority for the Historic
21		Sites and Preservation Division of the Historic Preservation
22		Agency shall be the Director of the Historic Sites and
23		Preservation, and the controlling government authority for the
24		Abraham Lincoln Presidential Library and Museum shall be the
25		Director of the Abraham Lincoln Presidential Library and
26		Museum.
27		Alcoholic liquors may be delivered to and sold at retail or
28		dispensed for consumption at the Michael Bilandic Building at
29		160 North LaSalle Street, Chicago IL 60601, after the normal
30		business hours of any day care or child care facility located
31		in the building, by (1) a commercial tenant or subtenant
32		conducting business on the premises under a lease made pursuant
33		to Section 405-315 of the Department of Central Management
34		Services Law (20 ILCS 405/405-315), provided that such tenant
35		or subtenant who accepts delivery of, sells, or dispenses
36		alcoholic liquors shall procure and maintain dram shop

1		liability insurance in maximum coverage limits and in which the
2		carrier agrees to defend, indemnify, and save harmless the
3		State of Illinois from all financial loss, damage, or harm
4		arising out of the delivery, sale, or dispensing of alcoholic
5		liquors, or by (2) an agency of the State, whether legislative,
6		judicial, or executive, provided that such agency first obtains
7		written permission to accept delivery of and sell or dispense
8		alcoholic liquors from the Director of Central Management
9		Services, or by (3) a not-for-profit organization, provided
10		that such organization:
11		a. obtains written consent from the Department of
12		Central Management Services;
13		b. accepts delivery of and sells or dispenses the
14		alcoholic liquors in a manner that does not impair normal
15		operations of State offices located in the building;
16		c. accepts delivery of and sells or dispenses alcoholic
17		liquors only in connection with an official activity in the
18		building; and
19		d. provides, or its catering service provides, dram
20		shop liability insurance in maximum coverage limits and in
21		which the carrier agrees to defend, save harmless, and
22		indemnify the State of Illinois from all financial loss,
23		damage, or harm arising out of the selling or dispensing of
24		alcoholic liquors.
25		Nothing in this Act shall prevent a not-for-profit
26		organization or agency of the State from employing the services
27		of a catering establishment for the selling or dispensing of
28		alcoholic liquors at functions authorized by the Director of
29		Central Management Services.
30		Alcoholic liquors may be sold at retail or dispensed at the
31		James R. Thompson Center in Chicago, subject to the provisions
32		of Section 7.4 of the State Property Control Act, and 222 South
33		College Street in Springfield, Illinois by (1) a commercial
34		tenant or subtenant conducting business on the premises under a
35		lease or sublease made pursuant to Section 405-315 of the
36		Department of Central Management Services Law (20 ILCS

1		405/405-315), provided that such tenant or subtenant who sells
2		or dispenses alcoholic liquors shall procure and maintain dram
3		shop liability insurance in maximum coverage limits and in
4		which the carrier agrees to defend, indemnify and save harmless
5		the State of Illinois from all financial loss, damage or harm
6		arising out of the sale or dispensing of alcoholic liquors, or
7		by (2) an agency of the State, whether legislative, judicial or
8		executive, provided that such agency first obtains written
9		permission to sell or dispense alcoholic liquors from the
10		Director of Central Management Services, or by (3) a
11		not-for-profit organization, provided that such organization:
12		a. Obtains written consent from the Department of
13		Central Management Services;
14		b. Sells or dispenses the alcoholic liquors in a manner
15		that does not impair normal operations of State offices
16		located in the building;
17		c. Sells or dispenses alcoholic liquors only in
18		connection with an official activity in the building;
19		d. Provides, or its catering service provides, dram
20		shop liability insurance in maximum coverage limits and in
21		which the carrier agrees to defend, save harmless and
22		indemnify the State of Illinois from all financial loss,
23		damage or harm arising out of the selling or dispensing of
24		alcoholic liquors.
25		Nothing in this Act shall prevent a not-for-profit
26		organization or agency of the State from employing the services
27		of a catering establishment for the selling or dispensing of
28		alcoholic liquors at functions authorized by the Director of
29		Central Management Services.
30		Alcoholic liquors may be sold or delivered at any facility
31		owned by the Illinois Sports Facilities Authority provided that
32		dram shop liability insurance has been made available in a
33		form, with such coverage and in such amounts as the Authority
34		reasonably determines is necessary.
35		Alcoholic liquors may be sold at retail or dispensed at the
36		Rockford State Office Building by (1) an agency of the State,

1		whether legislative, judicial or executive, provided that such
2		agency first obtains written permission to sell or dispense
3		alcoholic liquors from the Department of Central Management
4		Services, or by (2) a not-for-profit organization, provided
5		that such organization:
6		a. Obtains written consent from the Department of
7		Central Management Services;
8		b. Sells or dispenses the alcoholic liquors in a manner
9		that does not impair normal operations of State offices
10		located in the building;
11		c. Sells or dispenses alcoholic liquors only in
12		connection with an official activity in the building;
13		d. Provides, or its catering service provides, dram
14		shop liability insurance in maximum coverage limits and in
15		which the carrier agrees to defend, save harmless and
16		indemnify the State of Illinois from all financial loss,
17		damage or harm arising out of the selling or dispensing of
18		alcoholic liquors.
19		Nothing in this Act shall prevent a not-for-profit
20		organization or agency of the State from employing the services
21		of a catering establishment for the selling or dispensing of
22		alcoholic liquors at functions authorized by the Department of
23		Central Management Services.
24		Alcoholic liquors may be sold or delivered in a building
25		that is owned by McLean County, situated on land owned by the
26		county in the City of Bloomington, and used by the McLean
27		County Historical Society if the sale or delivery is approved
28		by an ordinance adopted by the county board, and the
29		municipality in which the building is located may not prohibit
30		that sale or delivery, notwithstanding any other provision of
31		this Section. The regulation of the sale and delivery of
32		alcoholic liquor in a building that is owned by McLean County,
33		situated on land owned by the county, and used by the McLean
34		County Historical Society as provided in this paragraph is an
35		exclusive power and function of the State and is a denial and
36		limitation under Article VII, Section 6, subsection (h) of the

1		Illinois Constitution of the power of a home rule municipality
2		to regulate that sale and delivery.
3		Alcoholic liquors may be sold or delivered in any building
4		situated on land held in trust for any school district
5		organized under Article 34 of the School Code, if the building
6		is not used for school purposes and if the sale or delivery is
7		approved by the board of education.
8		Alcoholic liquors may be sold or delivered in buildings
9		owned by the Community Building Complex Committee of Boone
10		County, Illinois if the person or facility selling or
11		dispensing the alcoholic liquor has provided dram shop
12		liability insurance with coverage and in amounts that the
13		Committee reasonably determines are necessary.
14		Alcoholic liquors may be sold or delivered in the building
15		located at 1200 Centerville Avenue in Belleville, Illinois and
16		occupied by either the Belleville Area Special Education
17		District or the Belleville Area Special Services Cooperative.
18		Alcoholic liquors may be delivered to and sold at the Louis
19		Joliet Renaissance Center, City Center Campus, located at 214
20		N. Ottawa Street, Joliet, and the Food Services/Culinary Arts
21		Department facilities, Main Campus, located at 1215 Houbolt
22		Road, Joliet, owned by or under the control of Joliet Junior
23		College, Illinois Community College District No. 525.
24		(Source: P.A. 92-512, eff. 1-1-02; 92-583, eff. 6-26-02;
25		92-600, eff. 7-1-02; 93-19, eff. 6-20-03; 93-103, eff. 1-1-04;
26		93-627, eff. 6-1-04; revised 1-12-04.)
27		(235 ILCS 5/6-16.2)
28		Sec. 6-16.2. Prohibited entry to a licensed premises. A
29		municipality or county may prohibit a licensee or any officer,
30		associate, member, representative, agent, or employee of a
31		licensee from permitting a person under the age of 21 years to
32		enter and remain in that portion of a licensed premises that
33		sells, gives, or delivers alcoholic liquor for consumption on
34		the premises. No prohibition under this Section, however, shall
35		apply to any licensed premises, such as without limitation a

1		restaurant or food shop, where selling, giving, or delivering
2		alcoholic liquor is not the principal business of the licensee
3		at those premises.
4		In those instances where a person under the age of 21 years
5		is prohibited from entering and remaining on the premises,
6		proof that the defendant-licensee, or his employee or agent,
7		demanded, was shown, and reasonably relied upon adequate
8		written evidence for purposes of entering and remaining on the
9		licensed premises is an affirmative defense in any criminal
10		prosecution therefor or to any proceedings for the suspension
11		or revocation of any license based thereon. It shall not,
12		however, be an affirmative defense if the defendant-licensee
13		defendant-license, or his agent or employee, accepted the
14		written evidence knowing it to be false or fraudulent.
15		Adequate written evidence of age and identity of the person
16		is a document issued by a federal, state, county, or municipal
17		government, or subdivision or agency thereof, including, but
18		not limited to, a motor vehicle operator's license, a
19		registration certificate issued under the Federal Selective
20		Service Act, or an identification card issued to a member of
21		the armed forces.
22		If a false or fraudulent Illinois driver's license or
23		Illinois identification card is presented by a person less than
24		21 years of age to a licensee or the licensee's agent or
25		employee for the purpose of obtaining entry and remaining on a
26		licensed premises, the law enforcement officer or agency
27		investigating the incident shall, upon the conviction of the
28		person who presented the fraudulent license or identification,
29		make a report of the matter to the Secretary of State on a form
30		provided by the Secretary of State.
31		(Source: P.A. 90-617, eff. 7-10-98; revised 1-14-04.)

32		Section 390. The Illinois Public Aid Code is amended by
33		changing Sections 9A-7, 10-8.1, 10-10, 10-11, 11-3, 11-3.3, and
34		12-13.05 and setting forth and renumbering multiple versions of
35		Section 5-5.23 as follows:

1		(305 ILCS 5/5-5.23)
2		Sec. 5-5.23. Children's mental health services.
3		(a) The Department of Public Aid, by rule, shall require
4		the screening and assessment of a child prior to any
5		Medicaid-funded admission to an inpatient hospital for
6		psychiatric services to be funded by Medicaid. The screening
7		and assessment shall include a determination of the
8		appropriateness and availability of out-patient support
9		services for necessary treatment. The Department, by rule,
10		shall establish methods and standards of payment for the
11		screening, assessment, and necessary alternative support
12		services.
13		(b) The Department of Public Aid, to the extent allowable
14		under federal law, shall secure federal financial
15		participation for Individual Care Grant expenditures made by
16		the Department of Human Services for the Medicaid optional
17		service authorized under Section 1905(h) of the federal Social
18		Security Act, pursuant to the provisions of Section 7.1 of the
19		Mental Health and Developmental Disabilities Administrative
20		Act.
21		(c) The Department of Public Aid shall work jointly with
22		the Department of Human Services to implement subsections (a)
23		and (b).
24		(Source: P.A. 93-495, eff. 8-8-03.)
25		(305 ILCS 5/5-5.24)
26		Sec. 5-5.24 5-5.23. Prenatal and perinatal care. The
27		Department of Public Aid may provide reimbursement under this
28		Article for all prenatal and perinatal health care services
29		that are provided for the purpose of preventing low-birthweight
30		infants, reducing the need for neonatal intensive care hospital
31		services, and promoting perinatal health. These services may
32		include comprehensive risk assessments for pregnant women,
33		women with infants, and infants, lactation counseling,
34		nutrition counseling, childbirth support, psychosocial

1		counseling, treatment and prevention of periodontal disease,
2		and other support services that have been proven to improve
3		birth outcomes. The Department shall maximize the use of
4		preventive prenatal and perinatal health care services
5		consistent with federal statutes, rules, and regulations. The
6		Department shall develop a plan for prenatal and perinatal
7		preventive health care and shall present the plan to the
8		General Assembly by January 1, 2004. On or before January 1,
9		2006 and every 2 years thereafter, the Department shall report
10		to the General Assembly concerning the effectiveness of
11		prenatal and perinatal health care services reimbursed under
12		this Section in preventing low-birthweight infants and
13		reducing the need for neonatal intensive care hospital
14		services. Each such report shall include an evaluation of how
15		the ratio of expenditures for treating low-birthweight infants
16		compared with the investment in promoting healthy births and
17		infants in local community areas throughout Illinois relates to
18		healthy infant development in those areas.
19		(Source: P.A. 93-536, eff. 8-18-03; revised 9-25-03.)
20		(305 ILCS 5/9A-7) (from Ch. 23, par. 9A-7)
21		Sec. 9A-7. Good Cause and Pre-Sanction Process.
22		(a) The Department shall establish by rule what constitutes
23		good cause for failure to participate in education, training
24		and employment programs, failure to accept suitable employment
25		or terminating employment or reducing earnings.
26		The Department shall establish, by rule, a pre-sanction
27		process to assist in resolving disputes over proposed sanctions
28		and in determining if good cause exists. Good cause shall
29		include, but not be limited to:
30		(1) temporary illness for its duration;
31		(2) court required appearance or temporary
32		incarceration;
33		(3) (blank);
34		(4) death in the family;
35		(5) (blank);

1		(6) (blank);
2		(7) (blank);
3		(8) (blank);
4		(9) extreme inclement weather;
5		(10) (blank);
6		(11) lack of any support service even though the
7		necessary service is not specifically provided under the
8		Department program, to the extent the lack of the needed
9		service presents a significant barrier to participation;
10		(12) if an individual is engaged in employment or
11		training or both that is consistent with the employment
12		related goals of the program, if such employment and
13		training is later approved by Department staff;
14		(13) (blank);
15		(14) failure of Department staff to correctly forward
16		the information to other Department staff;
17		(15) failure of the participant to cooperate because of
18		attendance at a test or a mandatory class or function at an
19		educational program (including college), when an education
20		or training program is officially approved by the
21		Department;
22		(16) failure of the participant due to his or her
23		illiteracy;
24		(17) failure of the participant because it is
25		determined that he or she should be in a different
26		activity;
27		(18) non-receipt by the participant of a notice
28		advising him or her of a participation requirement. If the
29		non-receipt of mail occurs frequently, the Department
30		shall explore an alternative means of providing notices of
31		participation requests to participants;
32		(19) (blank);
33		(20) non-comprehension of English, either written or
34		oral or both;
35		(21) (blank);
36		(22) (blank);

1		(23) child care (or day care for an incapacitated
2		individual living in the same home as a dependent child) is
3		necessary for the participation or employment and such care
4		is not available for a child under age 13;
5		(24) failure to participate in an activity due to a
6		scheduled job interview, medical appointment for the
7		participant or a household member, or school appointment;
8		(25) the individual is homeless. Homeless individuals
9		(including the family) have no current residence and no
10		expectation of acquiring one in the next 30 days. This
11		includes individuals residing in overnight and
12		transitional (temporary) shelters. This does not include
13		individuals who are sharing a residence with friends or
14		relatives on a continuing basis;
15		(26) circumstances beyond the control of the
16		participant which prevent the participant from completing
17		program requirements; or
18		(27) (blank).
19		(b) (Blank).
20		(c) (1) The Department shall establish a reconciliation
21		procedure to assist in resolving disputes related to any
22		aspect of participation, including exemptions, good cause,
23		sanctions or proposed sanctions, supportive services,
24		assessments, responsibility and service plans, assignment
25		to activities, suitability of employment, or refusals of
26		offers of employment. Through the reconciliation process
27		the Department shall have a mechanism to identify good
28		cause, ensure that the client is aware of the issue, and
29		enable the client to perform required activities without
30		facing sanction.
31		(2) A participant may request reconciliation and
32		receive notice in writing of a meeting. At least one
33		face-to-face meeting may be scheduled to resolve
34		misunderstandings or disagreements related to program
35		participation and situations which may lead to a potential
36		sanction. The meeting will address the underlying reason

1		for the dispute and plan a resolution to enable the
2		individual to participate in TANF employment and work
3		activity requirements.
4		(2.5) If the individual fails to appear at the
5		reconciliation meeting without good cause, the
6		reconciliation is unsuccessful and a sanction shall be
7		imposed.
8		(3) The reconciliation process shall continue after it
9		is determined that the individual did not have good cause
10		for non-cooperation. Any necessary demonstration of
11		cooperation on the part of the participant will be part of
12		the reconciliation process. Failure to demonstrate
13		cooperation will result in immediate sanction.
14		(4) For the first instance of non-cooperation, if the
15		client reaches agreement to cooperate, the client shall be
16		allowed 30 days to demonstrate cooperation before any
17		sanction activity may be imposed. In any subsequent
18		instances of non-cooperation, the client shall be provided
19		the opportunity to show good cause or remedy the situation
20		by immediately complying with the requirement.
21		(5) The Department shall document in the case record
22		the proceedings of the reconciliation and provide the
23		client in writing with a reconciliation agreement.
24		(6) If reconciliation resolves the dispute, no
25		sanction shall be imposed. If the client fails to comply
26		with the reconciliation agreement, the Department shall
27		then immediately impose the original sanction. If the
28		dispute cannot be resolved during reconciliation, a
29		sanction shall not be imposed until the reconciliation
30		process is complete.
31		(Source: P.A. 93-598, eff. 8-26-03; revised 10-9-03.)
32		(305 ILCS 5/10-8.1)
33		Sec. 10-8.1. Temporary order for child support.
34		Notwithstanding any other law to the contrary, pending the
35		outcome of an administrative determination of parentage, the

1		Illinois Department shall issue a temporary order for child
2		support, upon motion by a party and a showing of clear and
3		convincing evidence of paternity. In determining the amount of
4		the temporary child support award, the Illinois Department
5		shall use the guidelines and standards set forth in subsection
6		(a) of Section 505 and in Section 505.2 of the Illinois
7		Marriage and Dissolution of Marriage Act.
8		Any new or existing support order entered by the Illinois
9		Department under this Section shall be deemed to be a series of
10		judgments against the person obligated to pay support
11		thereunder, each such judgment to be in the amount of each
12		payment or installment of support and each judgment to be
13		deemed entered as of the date the corresponding payment or
14		installment becomes due under the terms of the support order.
15		Each such judgment shall have the full force, effect, and
16		attributes of any other judgment of this State, including the
17		ability to be enforced. Any such judgment is subject to
18		modification or termination only in accordance with Section 510
19		of the Illinois Marriage and Dissolution of Marriage Act. A
20		lien arises by operation of law against the real and personal
21		property of the noncustodial parent for each installment of
22		overdue support owed by the noncustodial parent.
23		All orders for support entered or modified in a case in
24		which a party is receiving child support enforcement services
25		under this Article X shall include a provision requiring the
26		non-custodial parent to notify the Illinois Department, within
27		7 days, (i) of the name, address, and telephone number of any
28		new employer of the non-custodial parent, (ii) whether the
29		non-custodial parent has access to health insurance coverage
30		through the employer or other group coverage, and, if so, the
31		policy name and number and the names of persons covered under
32		the policy, and (iii) of any new residential or mailing address
33		or telephone number of the non-custodial parent.
34		In any subsequent action to enforce a support order, upon
35		sufficient showing that diligent effort has been made to
36		ascertain the location of the non-custodial parent, service of

1		process or provision of notice necessary in that action may be
2		made at the last known address of the non-custodial parent, in
3		any manner expressly provided by the Code of Civil Procedure or
4		this Act, which service shall be sufficient for purposes of due
5		process.
6		An order for support shall include a date on which the
7		current support obligation terminates. The termination date
8		shall be no earlier than the date on which the child covered by
9		the order will attain the age of 18. However, if the child will
10		not graduate from high school until after attaining the age of
11		18, then the termination date shall be no earlier than the
12		earlier of the date on which the child's high school graduation
13		will occur or the date on which the child will attain the age
14		of 19. The order for support shall state that the termination
15		date does not apply to any arrearage that may remain unpaid on
16		that date. Nothing in this paragraph shall be construed to
17		prevent the Illinois Department from modifying the order or
18		terminating the order in the event the child is otherwise
19		emancipated.
20		(Source: P.A. 92-590, eff. 7-1-02; 92-876, eff. 6-1-03; revised
21		9-27-03.)
22		(305 ILCS 5/10-10) (from Ch. 23, par. 10-10)
23		Sec. 10-10. Court enforcement; applicability also to
24		persons who are not applicants or recipients. Except where the
25		Illinois Department, by agreement, acts for the local
26		governmental unit, as provided in Section 10-3.1, local
27		governmental units shall refer to the State's Attorney or to
28		the proper legal representative of the governmental unit, for
29		judicial enforcement as herein provided, instances of
30		non-support or insufficient support when the dependents are
31		applicants or recipients under Article VI. The Child and Spouse
32		Support Unit established by Section 10-3.1 may institute in
33		behalf of the Illinois Department any actions under this
34		Section for judicial enforcement of the support liability when
35		the dependents are (a) applicants or recipients under Articles

1		III, IV, V or VII; (b) applicants or recipients in a local
2		governmental unit when the Illinois Department, by agreement,
3		acts for the unit; or (c) non-applicants or non-recipients who
4		are receiving child support enforcement services under this
5		Article X, as provided in Section 10-1. Where the Child and
6		Spouse Support Unit has exercised its option and discretion not
7		to apply the provisions of Sections 10-3 through 10-8, the
8		failure by the Unit to apply such provisions shall not be a bar
9		to bringing an action under this Section.
10		Action shall be brought in the circuit court to obtain
11		support, or for the recovery of aid granted during the period
12		such support was not provided, or both for the obtainment of
13		support and the recovery of the aid provided. Actions for the
14		recovery of aid may be taken separately or they may be
15		consolidated with actions to obtain support. Such actions may
16		be brought in the name of the person or persons requiring
17		support, or may be brought in the name of the Illinois
18		Department or the local governmental unit, as the case
19		requires, in behalf of such persons.
20		The court may enter such orders for the payment of moneys
21		for the support of the person as may be just and equitable and
22		may direct payment thereof for such period or periods of time
23		as the circumstances require, including support for a period
24		before the date the order for support is entered. The order may
25		be entered against any or all of the defendant responsible
26		relatives and may be based upon the proportionate ability of
27		each to contribute to the person's support.
28		The Court shall determine the amount of child support
29		(including child support for a period before the date the order
30		for child support is entered) by using the guidelines and
31		standards set forth in subsection (a) of Section 505 and in
32		Section 505.2 of the Illinois Marriage and Dissolution of
33		Marriage Act. For purposes of determining the amount of child
34		support to be paid for a period before the date the order for
35		child support is entered, there is a rebuttable presumption
36		that the responsible relative's net income for that period was

1		the same as his or her net income at the time the order is
2		entered.
3		If (i) the responsible relative was properly served with a
4		request for discovery of financial information relating to the
5		responsible relative's ability to provide child support, (ii)
6		the responsible relative failed to comply with the request,
7		despite having been ordered to do so by the court, and (iii)
8		the responsible relative is not present at the hearing to
9		determine support despite having received proper notice, then
10		any relevant financial information concerning the responsible
11		relative's ability to provide child support that was obtained
12		pursuant to subpoena and proper notice shall be admitted into
13		evidence without the need to establish any further foundation
14		for its admission.
15		An order entered under this Section shall include a
16		provision requiring the obligor to report to the obligee and to
17		the clerk of court within 10 days each time the obligor obtains
18		new employment, and each time the obligor's employment is
19		terminated for any reason. The report shall be in writing and
20		shall, in the case of new employment, include the name and
21		address of the new employer. Failure to report new employment
22		or the termination of current employment, if coupled with
23		nonpayment of support for a period in excess of 60 days, is
24		indirect criminal contempt. For any obligor arrested for
25		failure to report new employment bond shall be set in the
26		amount of the child support that should have been paid during
27		the period of unreported employment. An order entered under
28		this Section shall also include a provision requiring the
29		obligor and obligee parents to advise each other of a change in
30		residence within 5 days of the change except when the court
31		finds that the physical, mental, or emotional health of a party
32		or that of a minor child, or both, would be seriously
33		endangered by disclosure of the party's address.
34		The Court shall determine the amount of maintenance using
35		the standards set forth in Section 504 of the Illinois Marriage
36		and Dissolution of Marriage Act.

1		Any new or existing support order entered by the court
2		under this Section shall be deemed to be a series of judgments
3		against the person obligated to pay support thereunder, each
4		such judgment to be in the amount of each payment or
5		installment of support and each such judgment to be deemed
6		entered as of the date the corresponding payment or installment
7		becomes due under the terms of the support order. Each such
8		judgment shall have the full force, effect and attributes of
9		any other judgment of this State, including the ability to be
10		enforced. Any such judgment is subject to modification or
11		termination only in accordance with Section 510 of the Illinois
12		Marriage and Dissolution of Marriage Act. A lien arises by
13		operation of law against the real and personal property of the
14		noncustodial parent for each installment of overdue support
15		owed by the noncustodial parent.
16		When an order is entered for the support of a minor, the
17		court may provide therein for reasonable visitation of the
18		minor by the person or persons who provided support pursuant to
19		the order. Whoever willfully refuses to comply with such
20		visitation order or willfully interferes with its enforcement
21		may be declared in contempt of court and punished therefor.
22		Except where the local governmental unit has entered into
23		an agreement with the Illinois Department for the Child and
24		Spouse Support Unit to act for it, as provided in Section
25		10-3.1, support orders entered by the court in cases involving
26		applicants or recipients under Article VI shall provide that
27		payments thereunder be made directly to the local governmental
28		unit. Orders for the support of all other applicants or
29		recipients shall provide that payments thereunder be made
30		directly to the Illinois Department. In accordance with federal
31		law and regulations, the Illinois Department may continue to
32		collect current maintenance payments or child support
33		payments, or both, after those persons cease to receive public
34		assistance and until termination of services under Article X.
35		The Illinois Department shall pay the net amount collected to
36		those persons after deducting any costs incurred in making the

1		collection or any collection fee from the amount of any
2		recovery made. In both cases the order shall permit the local
3		governmental unit or the Illinois Department, as the case may
4		be, to direct the responsible relative or relatives to make
5		support payments directly to the needy person, or to some
6		person or agency in his behalf, upon removal of the person from
7		the public aid rolls or upon termination of services under
8		Article X.
9		If the notice of support due issued pursuant to Section
10		10-7 directs that support payments be made directly to the
11		needy person, or to some person or agency in his behalf, and
12		the recipient is removed from the public aid rolls, court
13		action may be taken against the responsible relative hereunder
14		if he fails to furnish support in accordance with the terms of
15		such notice.
16		Actions may also be brought under this Section in behalf of
17		any person who is in need of support from responsible
18		relatives, as defined in Section 2-11 of Article II who is not
19		an applicant for or recipient of financial aid under this Code.
20		In such instances, the State's Attorney of the county in which
21		such person resides shall bring action against the responsible
22		relatives hereunder. If the Illinois Department, as authorized
23		by Section 10-1, extends the child support enforcement services
24		provided by this Article to spouses and dependent children who
25		are not applicants or recipients under this Code, the Child and
26		Spouse Support Unit established by Section 10-3.1 shall bring
27		action against the responsible relatives hereunder and any
28		support orders entered by the court in such cases shall provide
29		that payments thereunder be made directly to the Illinois
30		Department.
31		Whenever it is determined in a proceeding to establish or
32		enforce a child support or maintenance obligation that the
33		person owing a duty of support is unemployed, the court may
34		order the person to seek employment and report periodically to
35		the court with a diary, listing or other memorandum of his or
36		her efforts in accordance with such order. Additionally, the

1		court may order the unemployed person to report to the
2		Department of Employment Security for job search services or to
3		make application with the local Job Training Partnership Act
4		provider for participation in job search, training or work
5		programs and where the duty of support is owed to a child
6		receiving child support enforcement services under this
7		Article X, the court may order the unemployed person to report
8		to the Illinois Department for participation in job search,
9		training or work programs established under Section 9-6 and
10		Article IXA of this Code.
11		Whenever it is determined that a person owes past-due
12		support for a child receiving assistance under this Code, the
13		court shall order at the request of the Illinois Department:
14		(1) that the person pay the past-due support in
15		accordance with a plan approved by the court; or
16		(2) if the person owing past-due support is unemployed,
17		is subject to such a plan, and is not incapacitated, that
18		the person participate in such job search, training, or
19		work programs established under Section 9-6 and Article IXA
20		of this Code as the court deems appropriate.
21		A determination under this Section shall not be
22		administratively reviewable by the procedures specified in
23		Sections 10-12, and 10-13 to 10-13.10. Any determination under
24		these Sections, if made the basis of court action under this
25		Section, shall not affect the de novo judicial determination
26		required under this Section.
27		A one-time charge of 20% is imposable upon the amount of
28		past-due child support owed on July 1, 1988 which has accrued
29		under a support order entered by the court. The charge shall be
30		imposed in accordance with the provisions of Section 10-21 of
31		this Code and shall be enforced by the court upon petition.
32		All orders for support, when entered or modified, shall
33		include a provision requiring the non-custodial parent to
34		notify the court and, in cases in which a party is receiving
35		child support enforcement services under this Article X, the
36		Illinois Department, within 7 days, (i) of the name, address,

1		and telephone number of any new employer of the non-custodial
2		parent, (ii) whether the non-custodial parent has access to
3		health insurance coverage through the employer or other group
4		coverage and, if so, the policy name and number and the names
5		of persons covered under the policy, and (iii) of any new
6		residential or mailing address or telephone number of the
7		non-custodial parent. In any subsequent action to enforce a
8		support order, upon a sufficient showing that a diligent effort
9		has been made to ascertain the location of the non-custodial
10		parent, service of process or provision of notice necessary in
11		the case may be made at the last known address of the
12		non-custodial parent in any manner expressly provided by the
13		Code of Civil Procedure or this Code, which service shall be
14		sufficient for purposes of due process.
15		An order for support shall include a date on which the
16		current support obligation terminates. The termination date
17		shall be no earlier than the date on which the child covered by
18		the order will attain the age of 18. However, if the child will
19		not graduate from high school until after attaining the age of
20		18, then the termination date shall be no earlier than the
21		earlier of the date on which the child's high school graduation
22		will occur or the date on which the child will attain the age
23		of 19. The order for support shall state that the termination
24		date does not apply to any arrearage that may remain unpaid on
25		that date. Nothing in this paragraph shall be construed to
26		prevent the court from modifying the order or terminating the
27		order in the event the child is otherwise emancipated.
28		Upon notification in writing or by electronic transmission
29		from the Illinois Department to the clerk of the court that a
30		person who is receiving support payments under this Section is
31		receiving services under the Child Support Enforcement Program
32		established by Title IV-D of the Social Security Act, any
33		support payments subsequently received by the clerk of the
34		court shall be transmitted in accordance with the instructions
35		of the Illinois Department until the Illinois Department gives
36		notice to the clerk of the court to cease the transmittal.

1		After providing the notification authorized under this
2		paragraph, the Illinois Department shall be entitled as a party
3		to notice of any further proceedings in the case. The clerk of
4		the court shall file a copy of the Illinois Department's
5		notification in the court file. The clerk's failure to file a
6		copy of the notification in the court file shall not, however,
7		affect the Illinois Department's right to receive notice of
8		further proceedings.
9		Payments under this Section to the Illinois Department
10		pursuant to the Child Support Enforcement Program established
11		by Title IV-D of the Social Security Act shall be paid into the
12		Child Support Enforcement Trust Fund. All payments under this
13		Section to the Illinois Department of Human Services shall be
14		deposited in the DHS Recoveries Trust Fund. Disbursements from
15		these funds shall be as provided in Sections 12-9.1 and 12-10.2
16		of this Code. Payments received by a local governmental unit
17		shall be deposited in that unit's General Assistance Fund.
18		To the extent the provisions of this Section are
19		inconsistent with the requirements pertaining to the State
20		Disbursement Unit under Sections 10-10.4 and 10-26 of this
21		Code, the requirements pertaining to the State Disbursement
22		Unit shall apply.
23		(Source: P.A. 92-16, eff. 6-28-01; 92-590, eff. 7-1-02; 92-876,
24		eff. 6-1-03; revised 9-27-03.)
25		(305 ILCS 5/10-11) (from Ch. 23, par. 10-11)
26		Sec. 10-11. Administrative Orders. In lieu of actions for
27		court enforcement of support under Section 10-10, the Child and
28		Spouse Support Unit of the Illinois Department, in accordance
29		with the rules of the Illinois Department, may issue an
30		administrative order requiring the responsible relative to
31		comply with the terms of the determination and notice of
32		support due, determined and issued under Sections 10-6 and
33		10-7. The Unit may also enter an administrative order under
34		subsection (b) of Section 10-7. The administrative order shall
35		be served upon the responsible relative by United States

1		registered or certified mail. In cases in which the responsible
2		relative appeared at the office of the Child and Spouse Support
3		Unit in response to the notice of support obligation issued
4		under Section 10-4, however, or in cases of default in which
5		the notice was served on the responsible relative by certified
6		mail, return receipt requested, or by any method provided by
7		law for service of summons, the administrative determination of
8		paternity or administrative support order may be sent to the
9		responsible relative by ordinary mail addressed to the
10		responsible relative's last known address.
11		If a responsible relative or a person receiving child
12		support enforcement services under this Article fails to
13		petition the Illinois Department for release from or
14		modification of the administrative order, as provided in
15		Section 10-12 or Section 10-12.1, the order shall become final
16		and there shall be no further administrative or judicial
17		remedy. Likewise a decision by the Illinois Department as a
18		result of an administrative hearing, as provided in Sections
19		10-13 to 10-13.10, shall become final and enforceable if not
20		judicially reviewed under the Administrative Review Law, as
21		provided in Section 10-14.
22		Any new or existing support order entered by the Illinois
23		Department under this Section shall be deemed to be a series of
24		judgments against the person obligated to pay support
25		thereunder, each such judgment to be in the amount of each
26		payment or installment of support and each such judgment to be
27		deemed entered as of the date the corresponding payment or
28		installment becomes due under the terms of the support order.
29		Each such judgment shall have the full force, effect and
30		attributes of any other judgment of this State, including the
31		ability to be enforced. Any such judgment is subject to
32		modification or termination only in accordance with Section 510
33		of the Illinois Marriage and Dissolution of Marriage Act. A
34		lien arises by operation of law against the real and personal
35		property of the noncustodial parent for each installment of
36		overdue support owed by the noncustodial parent.

1		An order entered under this Section shall include a
2		provision requiring the obligor to report to the obligee and to
3		the clerk of court within 10 days each time the obligor obtains
4		new employment, and each time the obligor's employment is
5		terminated for any reason. The report shall be in writing and
6		shall, in the case of new employment, include the name and
7		address of the new employer. Failure to report new employment
8		or the termination of current employment, if coupled with
9		nonpayment of support for a period in excess of 60 days, is
10		indirect criminal contempt. For any obligor arrested for
11		failure to report new employment bond shall be set in the
12		amount of the child support that should have been paid during
13		the period of unreported employment. An order entered under
14		this Section shall also include a provision requiring the
15		obligor and obligee parents to advise each other of a change in
16		residence within 5 days of the change except when the court
17		finds that the physical, mental, or emotional health of a party
18		or that of a minor child, or both, would be seriously
19		endangered by disclosure of the party's address.
20		A one-time charge of 20% is imposable upon the amount of
21		past-due child support owed on July 1, 1988, which has accrued
22		under a support order entered by the Illinois Department under
23		this Section. The charge shall be imposed in accordance with
24		the provisions of Section 10-21 and shall be enforced by the
25		court in a suit filed under Section 10-15.
26		An order for support shall include a date on which the
27		support obligation terminates. The termination date shall be no
28		earlier than the date on which the child covered by the order
29		will attain the age of 18. However, if the child will not
30		graduate from high school until after attaining the age of 18,
31		then the termination date shall be no earlier than the earlier
32		of the date that the child's graduation will occur or the date
33		on which the child will attain the age of 19. The order for
34		support shall state that the termination date does not apply to
35		any arrearage that may remain unpaid on that date. Nothing in
36		this paragraph shall be construed to prevent the Illinois

1		Department from modifying the order or terminating the order in
2		the event the child is otherwise emancipated.
3		(Source: P.A. 92-590, eff. 7-1-02; 92-876, eff. 6-1-03; revised
4		9-27-03.)
5		(305 ILCS 5/11-3) (from Ch. 23, par. 11-3)
6		Sec. 11-3. Assignment and attachment of aid prohibited.
7		Except as provided below in this Section and in Section 11-3.3,
8		all financial aid given under Articles III, IV, V, and VI and
9		money payments for child care services provided by a child care
10		provider under Articles IX and IXA shall not be subject to
11		assignment, sale, attachment, garnishment, or otherwise.
12		Provided, however, that a medical vendor may use his right to
13		receive vendor payments as collateral for loans from financial
14		institutions so long as such arrangements do not constitute any
15		activity prohibited under Section 1902(a)(32) of the Social
16		Security Act and regulations promulgated thereunder, or any
17		other applicable laws or regulations. Provided further,
18		however, that a medical or other vendor or a service provider
19		may assign, reassign, sell, pledge or grant a security interest
20		in any such financial aid, vendor payments or money payments or
21		grants which he has a right to receive to the Illinois Finance
22		Authority, in connection with any financing program undertaken
23		by the Illinois Finance Authority, or to the Illinois Finance
24		Authority, in connection with any financing program undertaken
25		by the Illinois Finance Authority. Each Authority may utilize a
26		trustee or agent to accept, accomplish, effectuate or realize
27		upon any such assignment, reassignment, sale, pledge or grant
28		on that Authority's behalf. Provided further, however, that
29		nothing herein shall prevent the Illinois Department from
30		collecting any assessment, fee, interest or penalty due under
31		Article V-A, V-B, V-C, or V-E by withholding financial aid as
32		payment of such assessment, fee, interest, or penalty. Any
33		alienation in contravention of this statute does not diminish
34		and does not affect the validity, legality or enforceability of
35		any underlying obligations for which such alienation may have

1		been made as collateral between the parties to the alienation.
2		This amendatory Act shall be retroactive in application and
3		shall pertain to obligations existing prior to its enactment.
4		(Source: P.A. 92-111, eff. 1-1-02; 93-205 (Sections 890-25 and
5		890-40), eff. 1-1-04; revised 9-23-03.)
6		(305 ILCS 5/11-3.3) (from Ch. 23, par. 11-3.3)
7		Sec. 11-3.3. Payment to provider or governmental agency or
8		entity. Payments under this Code shall be made to the
9		provider, except that the Department may issue or may agree to
10		issue the payment directly to the Illinois Finance Authority,
11		the Illinois Finance Authority, or any other governmental
12		agency or entity, including any bond trustee for that agency or
13		entity, to whom the provider has assigned, reassigned, sold,
14		pledged or granted a security interest in the payments that the
15		provider has a right to receive, provided that the issuance or
16		agreement to issue is not prohibited under Section 1902(a)(32)
17		of the Social Security Act.
18		(Source: P.A. 93-205 (Sections 890-25 and 890-40), eff. 1-1-04;
19		revised 9-23-03.)
20		(305 ILCS 5/12-13.05)
21		Sec. 12-13.05. Rules for Temporary Assistance for Needy
22		Families. All rules regulating the Temporary Assistance for
23		Needy Families program and all other rules regulating the
24		amendatory changes to this Code made by this amendatory Act of
25		1997 shall be promulgated pursuant to this Section. All rules
26		regulating the Temporary Assistance for Needy Families program
27		and all other rules regulating the amendatory changes to this
28		Code made by this amendatory Act of 1997 are repealed on July
29		1, 2006. On and after July 1, 2006, the Illinois Department may
30		not promulgate any rules regulating the Temporary Assistance
31		for Needy Families program or regulating the amendatory changes
32		to this Code made by this amendatory Act of 1997.
33		(Source: P.A. 91-5, eff. 5-27-99; 92-111, eff. 1-1-02; 92-597,
34		eff. 6-28-02; revised 11-06-02.)

1		Section 395. The Elder Abuse and Neglect Act is amended by
2		changing Sections 2 and 7 as follows:
3		(320 ILCS 20/2) (from Ch. 23, par. 6602)
4		Sec. 2. Definitions. As used in this Act, unless the
5		context requires otherwise:
6		(a) "Abuse" means causing any physical, mental or sexual
7		injury to an eligible adult, including exploitation of such
8		adult's financial resources.
9		Nothing in this Act shall be construed to mean that an
10		eligible adult is a victim of abuse or neglect for the sole
11		reason that he or she is being furnished with or relies upon
12		treatment by spiritual means through prayer alone, in
13		accordance with the tenets and practices of a recognized church
14		or religious denomination.
15		Nothing in this Act shall be construed to mean that an
16		eligible adult is a victim of abuse because of health care
17		services provided or not provided by licensed health care
18		professionals.
19		(a-5) "Abuser" means a person who abuses, neglects, or
20		financially exploits an eligible adult.
21		(a-7) "Caregiver" means a person who either as a result of
22		a family relationship, voluntarily, or in exchange for
23		compensation has assumed responsibility for all or a portion of
24		the care of an eligible adult who needs assistance with
25		activities of daily living.
26		(b) "Department" means the Department on Aging of the State
27		of Illinois.
28		(c) "Director" means the Director of the Department.
29		(d) "Domestic living situation" means a residence where the
30		eligible adult lives alone or with his or her family or a
31		caregiver, or others, or a board and care home or other
32		community-based unlicensed facility, but is not:
33		(1) A licensed facility as defined in Section 1-113 of
34		the Nursing Home Care Act;

1		(2) A "life care facility" as defined in the Life Care
2		Facilities Act;
3		(3) A home, institution, or other place operated by the
4		federal government or agency thereof or by the State of
5		Illinois;
6		(4) A hospital, sanitarium, or other institution, the
7		principal activity or business of which is the diagnosis,
8		care, and treatment of human illness through the
9		maintenance and operation of organized facilities
10		therefor, which is required to be licensed under the
11		Hospital Licensing Act;
12		(5) A "community living facility" as defined in the
13		Community Living Facilities Licensing Act;
14		(6) A "community residential alternative" as defined
15		in the Community Residential Alternatives Licensing Act;
16		and
17		(7) A "community-integrated living arrangement" as
18		defined in the Community-Integrated Living Arrangements
19		Licensure and Certification Act.
20		(e) "Eligible adult" means a person 60 years of age or
21		older who resides in a domestic living situation and is, or is
22		alleged to be, abused, neglected, or financially exploited by
23		another individual.
24		(f) "Emergency" means a situation in which an eligible
25		adult is living in conditions presenting a risk of death or
26		physical, mental or sexual injury and the provider agency has
27		reason to believe the eligible adult is unable to consent to
28		services which would alleviate that risk.
29		(f-5) "Mandated reporter" means any of the following
30		persons while engaged in carrying out their professional
31		duties:
32		(1) a professional or professional's delegate while
33		engaged in: (i) social services, (ii) law enforcement,
34		(iii) education, (iv) the care of an eligible adult or
35		eligible adults, or (v) any of the occupations required to
36		be licensed under the Clinical Psychologist Licensing Act,

1		the Clinical Social Work and Social Work Practice Act, the
2		Illinois Dental Practice Act, the Dietetic and Nutrition
3		Services Practice Act, the Marriage and Family Therapy
4		Licensing Act, the Medical Practice Act of 1987, the
5		Naprapathic Practice Act, the Nursing and Advanced
6		Practice Nursing Act, the Nursing Home Administrators
7		Licensing and Disciplinary Act, the Illinois Occupational
8		Therapy Practice Act, the Illinois Optometric Practice Act
9		of 1987, the Pharmacy Practice Act of 1987, the Illinois
10		Physical Therapy Act, the Physician Assistant Practice Act
11		of 1987, the Podiatric Medical Practice Act of 1987, the
12		Respiratory Care Practice Act, the Professional Counselor
13		and Clinical Professional Counselor Licensing Act, the
14		Illinois Speech-Language Pathology and Audiology Practice
15		Act, the Veterinary Medicine and Surgery Practice Act of
16		2004, and the Illinois Public Accounting Act;
17		(2) an employee of a vocational rehabilitation
18		facility prescribed or supervised by the Department of
19		Human Services;
20		(3) an administrator, employee, or person providing
21		services in or through an unlicensed community based
22		facility;
23		(4) a Christian Science Practitioner;
24		(5) field personnel of the Department of Public Aid,
25		Department of Public Health, and Department of Human
26		Services, and any county or municipal health department;
27		(6) personnel of the Department of Human Services, the
28		Guardianship and Advocacy Commission, the State Fire
29		Marshal, local fire departments, the Department on Aging
30		and its subsidiary Area Agencies on Aging and provider
31		agencies, and the Office of State Long Term Care Ombudsman;
32		(7) any employee of the State of Illinois not otherwise
33		specified herein who is involved in providing services to
34		eligible adults, including professionals providing medical
35		or rehabilitation services and all other persons having
36		direct contact with eligible adults;

1		(8) a person who performs the duties of a coroner or
2		medical examiner; or
3		(9) a person who performs the duties of a paramedic or
4		an emergency medical technician.
5		(g) "Neglect" means another individual's failure to
6		provide an eligible adult with or willful withholding from an
7		eligible adult the necessities of life including, but not
8		limited to, food, clothing, shelter or medical care. This
9		subsection does not create any new affirmative duty to provide
10		support to eligible adults. Nothing in this Act shall be
11		construed to mean that an eligible adult is a victim of neglect
12		because of health care services provided or not provided by
13		licensed health care professionals.
14		(h) "Provider agency" means any public or nonprofit agency
15		in a planning and service area appointed by the regional
16		administrative agency with prior approval by the Department on
17		Aging to receive and assess reports of alleged or suspected
18		abuse, neglect, or financial exploitation.
19		(i) "Regional administrative agency" means any public or
20		nonprofit agency in a planning and service area so designated
21		by the Department, provided that the designated Area Agency on
22		Aging shall be designated the regional administrative agency if
23		it so requests. The Department shall assume the functions of
24		the regional administrative agency for any planning and service
25		area where another agency is not so designated.
26		(j) "Substantiated case" means a reported case of alleged
27		or suspected abuse, neglect, or financial exploitation in which
28		a provider agency, after assessment, determines that there is
29		reason to believe abuse, neglect, or financial exploitation has
30		occurred.
31		(Source: P.A. 92-16, eff. 6-28-01; 93-281 eff. 12-31-03;
32		93-300, eff. 1-1-04; revised 9-22-03.)
33		(320 ILCS 20/7) (from Ch. 23, par. 6607)
34		Sec. 7. Review. All services provided to an eligible adult
35		shall be reviewed by the provider agency on at least a

1		quarterly basis for up to one year to determine whether the
2		service care plan should be continued or modified, except that,
3		upon review, the Department on Aging, upon review, may grant a
4		waiver to extend the service care plan for up to one an
5		additional one year period.
6		(Source: P.A. 93-300, eff. 1-1-04; 93-301, eff. 1-1-04; revised
7		9-22-03.)

8		Section 400. The Senior Citizens and Disabled Persons
9		Prescription Drug Discount Program Act is amended by
10		renumbering Section 990 as follows:
11		(320 ILCS 55/90) (was 320 ILCS 55/990)
12		Sec. 90 990. (Amendatory provisions; text omitted). (
13		Source: P.A. 93-18, eff. 7-1-03; text omitted; revised 9
14		-28-03.)

15		ection 405. The Abused and Neglected Child Reporting Act i
16		s amended by changing Section 4 as follows: (
17		325 ILCS 5/4) (from Ch. 23, par. 2054) S
18		ec. 4. Persons required to report; privileged c
19		ommunications; transmitting false report. Any physician, r
20		esident, intern, hospital, hospital administrator and p
21		ersonnel engaged in examination, care and treatment of p
22		ersons, surgeon, dentist, dentist hygienist, osteopath, c
23		hiropractor, podiatrist, physician assistant, substance abuse t
24		reatment personnel, funeral home director or employee, c
25		oroner, medical examiner, emergency medical technician, a
26		cupuncturist, crisis line or hotline personnel, school p
27		ersonnel, educational advocate assigned to a child pursuant to t
28		he School Code, truant officers, social worker, social s
29		ervices administrator, domestic violence program personnel, r
30		egistered nurse, licensed practical nurse, respiratory care p
31		ractitioner, advanced practice nurse, home health aide, d
32		irector or staff assistant of a nursery school or a child day c

1		are center, recreational program or facility personnel, law e
2		nforcement officer, licensed professional counselor, licensed c
3		linical professional counselor, registered psychologist and a
4		ssistants working under the direct supervision of a p
5		sychologist, psychiatrist, or field personnel of the Illinois D
6		epartment of Public Aid, Public Health, Human Services (acting a
7		s successor to the Department of Mental Health and D
8		evelopmental Disabilities, Rehabilitation Services, or Public A
9		id), Corrections, Human Rights, or Children and Family S
10		ervices, supervisor and administrator of general assistance u
11		nder the Illinois Public Aid Code, probation officer, or any o
12		ther foster parent, homemaker or child care worker having r
13		easonable cause to believe a child known to them in their p
14		rofessional or official capacity may be an abused child or a n
15		eglected child shall immediately report or cause a report to b
16		e made to the Department. A
17		ny member of the clergy having reasonable cause to believe t
18		hat a child known to that member of the clergy in his or her p
19		rofessional capacity may be an abused child as defined in item (
20		c) of the definition of "abused child" in Section 3 of this A
21		ct shall immediately report or cause a report to be made to t
22		he Department. W
23		henever such person is required to report under this Act i
24		n his capacity as a member of the staff of a medical or other p
25		ublic or private institution, school, facility or agency, or a
26		s a member of the clergy, he shall make report immediately to t
27		he Department in accordance with the provisions of this Act a
28		nd may also notify the person in charge of such institution, s
29		chool, facility or agency, or church, synagogue, temple, m
30		osque, or other religious institution, or his designated agent t
31		hat such report has been made. Under no circumstances shall a
32		ny person in charge of such institution, school, facility or a
33		gency, or church, synagogue, temple, mosque, or other r
34		eligious institution, or his designated agent to whom such n
35		otification has been made, exercise any control, restraint, m
36		odification or other change in the report or the forwarding of s

1		uch report to the Department. T
2		he privileged quality of communication between any p
3		rofessional person required to report and his patient or c
4		lient shall not apply to situations involving abused or n
5		eglected children and shall not constitute grounds for failure t
6		o report as required by this Act. A
7		member of the clergy may claim the privilege under S
8		ection 8-803 of the Code of Civil Procedure. I
9		n addition to the above persons required to report s
10		uspected cases of abused or neglected children, any other p
11		erson may make a report if such person has reasonable cause to b
12		elieve a child may be an abused child or a neglected child. A
13		ny person who enters into employment on and after July 1, 1
14		986 and is mandated by virtue of that employment to report u
15		nder this Act, shall sign a statement on a form prescribed by t
16		he Department, to the effect that the employee has knowledge a
17		nd understanding of the reporting requirements of this Act. T
18		he statement shall be signed prior to commencement of the e
19		mployment. The signed statement shall be retained by the e
20		mployer. The cost of printing, distribution, and filing of the s
21		tatement shall be borne by the employer. T
22		he Department shall provide copies of this Act, upon r
23		equest, to all employers employing persons who shall be r
24		equired under the provisions of this Section to report under t
25		his Act. A
26		ny person who knowingly transmits a false report to the D
27		epartment commits the offense of disorderly conduct under s
28		ubsection (a)(7) of Section 26-1 of the "Criminal Code of 1
29		961". Any person who violates this provision a second or s
30		ubsequent time shall be guilty of a Class 3 felony. A
31		ny person who knowingly and willfully violates any p
32		rovision of this Section other than a second or subsequent v
33		iolation of transmitting a false report as described in the p
34		receding paragraph, is guilty of a Class A misdemeanor for a f
35		irst violation and a Class 4 felony for a second or subsequent v
36		iolation; except that if the person acted as part of a plan or s

1		cheme having as its object the prevention of discovery of an a
2		bused or neglected child by lawful authorities for the purpose o
3		f protecting or insulating any person or entity from arrest or p
4		rosecution, the person is guilty of a Class 4 felony for a f
5		irst offense and a Class 3 felony for a second or subsequent o
6		ffense (regardless of whether the second or subsequent offense i
7		nvolves any of the same facts or persons as the first or other p
8		rior offense). A
9		child whose parent, guardian or custodian in good faith s
10		elects and depends upon spiritual means through prayer alone f
11		or the treatment or cure of disease or remedial care may be c
12		onsidered neglected or abused, but not for the sole reason t
13		hat his parent, guardian or custodian accepts and practices s
14		uch beliefs. A
15		child shall not be considered neglected or abused solely b
16		ecause the child is not attending school in accordance with t
17		he requirements of Article 26 of the School Code, as amended. (
18		Source: P.A. 92-16, eff. 6-28-01; 92-801, eff. 8-16-02; 9
19		3-137, eff. 7-10-03; 93-356, eff. 7-24-03; 93-431, eff. 8
20		-5-03; revised 9-12-03.)

21		ection 410. The Lead Poisoning Prevention Act is amended b
22		y changing Section 14 as follows: (
23		410 ILCS 45/14) (from Ch. 111 1/2, par. 1314) S
24		ec. 14. Departmental regulations and activities. The D
25		epartment shall establish and publish regulations and g
26		uidelines governing permissible limits of lead in and about r
27		esidential buildings and dwellings. T
28		he Department shall also initiate activities that: (
29		a) Will either provide for or support the monitoring and v
30		alidation of all medical laboratories and , private and public h
31		ospitals that perform lead determination tests on human blood o
32		r other tissues. ; (
33		b) Will, subject to Section 7.2 of this Act, provide l
34		aboratory testing of blood specimens for lead content, to any p

1		hysician, hospital, clinic, free clinic, municipality, or p
2		rivate organization organizations that cannot secure or p
3		rovide the services through other sources. The Department s
4		hall not assume responsibility for blood lead analysis r
5		equired in programs currently in operation. ; (
6		c) Will develop or encourage the development of a
7		ppropriate programs and studies to identify sources of lead i
8		ntoxication and assist other entities in the identification of l
9		ead in children's blood and the sources of that intoxication. ; (
10		d) May provide technical assistance and consultation to l
11		ocal, county, or regional governmental or private agencies for t
12		he promotion and development of lead poisoning prevention p
13		rograms. (
14		e) Will provide recommendations by the Department on the s
15		ubject of identification and treatment of for lead poisoning. (
16		f) Will maintain a clearinghouse of information, and will d
17		evelop additional educational materials, on (i) lead hazards t
18		o children, (ii) lead poisoning prevention, (iii) lead p
19		oisoning screening, (iv) lead mitigation, abatement, and d
20		isposal, and (v) on health hazards during abatement. The D
21		epartment shall make this information available to the general p
22		ublic. (
23		Source: P.A. 87-175; 87-1144; revised 1-20-03.)

24		ection 415. The AIDS Confidentiality Act is amended by c
25		hanging Section 3 as follows: (
26		410 ILCS 305/3) (from Ch. 111 1/2, par. 7303) S
27		ec. 3. When used in this Act: (
28		a) "Department" means the Illinois Department of Public H
29		ealth. (
30		b) "AIDS" means acquired immunodeficiency syndrome. (
31		c) "HIV" means the Human Immunodeficiency Virus or any o
32		ther identified causative agent of AIDS. (
33		d) "Written informed consent" means an agreement in w
34		riting executed by the subject of a test or the subject's l

1		egally authorized representative without undue inducement or a
2		ny element of force, fraud, deceit, duress or other form of c
3		onstraint or coercion, which entails at least the following: (
4		1) a fair explanation of the test, including its purpose, p
5		otential uses, limitations and the meaning of its results; and (
6		2) a fair explanation of the procedures to be followed, i
7		ncluding the voluntary nature of the test, the right to w
8		ithdraw consent to the testing process at any time, the right t
9		o anonymity to the extent provided by law with respect to p
10		articipation in the test and disclosure of test results, and t
11		he right to confidential treatment of information identifying t
12		he subject of the test and the results of the test, to the e
13		xtent provided by law. (
14		e) "Health facility" means a hospital, nursing home, blood b
15		ank, blood center, sperm bank, or other health care i
16		nstitution, including any "health facility" as that term is d
17		efined in the Illinois Finance Authority Act. (
18		f) "Health care provider" means any health care p
19		rofessional, nurse, paramedic, psychologist or other person p
20		roviding medical, nursing, psychological, or other health c
21		are services of any kind. (
22		f-5) "Health care professional" means (i) a licensed p
23		hysician, (ii) a physician assistant to whom the physician a
24		ssistant's supervising physician has delegated the provision o
25		f AIDS and HIV-related health services, (iii) an advanced p
26		ractice registered nurse who has a written collaborative a
27		greement with a collaborating physician which authorizes the p
28		rovision of AIDS and HIV-related health services, (iv) a l
29		icensed dentist, (v) a licensed podiatrist, or (vi) an i
30		ndividual certified to provide HIV testing and counseling by a s
31		tate or local public health department. (
32		g) "Test" or "HIV test" means a test to determine the p
33		resence of the antibody or antigen to HIV, or of HIV i
34		nfection. (
35		h) "Person" includes any natural person, partnership, a
36		ssociation, joint venture, trust, governmental entity, public o

1		r private corporation, health facility or other legal entity. (
2		Source: P.A. 93-205, eff. 1-1-04; 93-482, eff. 8-8-03; revised 9
3		-12-03.)

4		ection 420. The Environmental Protection Act is amended by c
5		hanging Sections 5, 42, 55.8, 57.2, 57.8, 57.10, and 58.7 as f
6		ollows: (
7		415 ILCS 5/5) (from Ch. 111 1/2, par. 1005) S
8		ec. 5. Pollution Control Board. (
9		a) There is hereby created an independent board to be k
10		nown as the Pollution Control Board. U
11		ntil July 1, 2003 or when all of the new members to be i
12		nitially appointed under this amendatory Act of the 93rd G
13		eneral Assembly have been appointed by the Governor, whichever o
14		ccurs later, the Board shall consist of 7 technically q
15		ualified members, no more than 4 of whom may be of the same p
16		olitical party, to be appointed by the Governor with the a
17		dvice and consent of the Senate. T
18		he term of each appointed member of the Board who is in o
19		ffice on June 30, 2003 shall terminate at the close of b
20		usiness on that date or when all of the new members to be i
21		nitially appointed under this amendatory Act of the 93rd G
22		eneral Assembly have been appointed by the Governor, whichever o
23		ccurs later. B
24		eginning on July 1, 2003 or when all of the new members to b
25		e initially appointed under this amendatory Act of the 93rd G
26		eneral Assembly have been appointed by the Governor, whichever o
27		ccurs later, the Board shall consist of 5 technically q
28		ualified members, no more than 3 of whom may be of the same p
29		olitical party, to be appointed by the Governor with the a
30		dvice and consent of the Senate. Members shall have verifiable t
31		echnical, academic, or actual experience in the field of p
32		ollution control or environmental law and regulation. O
33		f the members initially appointed pursuant to this a
34		mendatory Act of the 93rd General Assembly, one shall be a

1		ppointed for a term ending July 1, 2004, 2 shall be appointed f
2		or terms ending July 1, 2005, and 2 shall be appointed for t
3		erms ending July 1, 2006. Thereafter, all members shall hold o
4		ffice for 3 years from the first day of July in the year in w
5		hich they were appointed, except in case of an appointment to f
6		ill a vacancy. In case of a vacancy in the office when the S
7		enate is not in session, the Governor may make a temporary a
8		ppointment until the next meeting of the Senate, when he or s
9		he shall nominate some person to fill such office; and any p
10		erson so nominated, who is confirmed by the Senate, shall hold t
11		he office during the remainder of the term. M
12		embers of the Board shall hold office until their r
13		espective successors have been appointed and qualified. Any m
14		ember may resign from office, such resignation to take effect w
15		hen a successor has been appointed and has qualified. B
16		oard members shall be paid $37,000 per year or an amount s
17		et by the Compensation Review Board, whichever is greater, and t
18		he Chairman shall be paid $43,000 per year or an amount set by t
19		he Compensation Review Board, whichever is greater. Each m
20		ember shall devote his or her entire time to the duties of the o
21		ffice, and shall hold no other office or position of profit, n
22		or engage in any other business, employment, or vocation. Each m
23		ember shall be reimbursed for expenses necessarily incurred a
24		nd shall make a financial disclosure upon appointment. E
25		ach Board member may employ one secretary and one a
26		ssistant, and the Chairman one secretary and 2 assistants. The B
27		oard also may employ and compensate hearing officers to p
28		reside at hearings under this Act, and such other personnel as m
29		ay be necessary. Hearing officers shall be attorneys licensed t
30		o practice law in Illinois. T
31		he Board may have an Executive Director; if so, the E
32		xecutive Director shall be appointed by the Governor with the a
33		dvice and consent of the Senate. The salary and duties of the E
34		xecutive Director shall be fixed by the Board. T
35		he Governor shall designate one Board member to be C
36		hairman, who shall serve at the pleasure of the Governor. T

1		he Board shall hold at least one meeting each month and s
2		uch additional meetings as may be prescribed by Board rules. I
3		n addition, special meetings may be called by the Chairman or b
4		y any 2 Board members, upon delivery of 24 hours written n
5		otice to the office of each member. All Board meetings shall b
6		e open to the public, and public notice of all meetings shall b
7		e given at least 24 hours in advance of each meeting. In e
8		mergency situations in which a majority of the Board certifies t
9		hat exigencies of time require the requirements of public n
10		otice and of 24 hour written notice to members may be d
11		ispensed with, and Board members shall receive such notice as i
12		s reasonable under the circumstances. I
13		f there is no vacancy on the Board, 4 members of the Board s
14		hall constitute a quorum to transact business; otherwise, a m
15		ajority of the Board shall constitute a quorum to transact b
16		usiness, and no vacancy shall impair the right of the r
17		emaining members to exercise all of the powers of the Board. E
18		very action approved by a majority of the members of the Board s
19		hall be deemed to be the action of the Board. The Board shall k
20		eep a complete and accurate record of all its meetings. (
21		b) The Board shall determine, define and implement the e
22		nvironmental control standards applicable in the State of I
23		llinois and may adopt rules and regulations in accordance with T
24		itle VII of this Act. (
25		c) The Board shall have authority to act for the State in r
26		egard to the adoption of standards for submission to the U
27		nited States under any federal law respecting environmental p
28		rotection. Such standards shall be adopted in accordance with T
29		itle VII of the Act and upon adoption shall be forwarded to t
30		he Environmental Protection Agency for submission to the U
31		nited States pursuant to subsections (l) and (m) of Section 4 o
32		f this Act. Nothing in this paragraph shall limit the d
33		iscretion of the Governor to delegate authority granted to the G
34		overnor under any federal law. (
35		d) The Board shall have authority to conduct proceedings u
36		pon complaints charging violations of this Act, any rule or r

1		egulation adopted under this Act, any permit or term or c
2		ondition of a permit, or any Board order; upon administrative c
3		itations; upon petitions for variances or adjusted standards; u
4		pon petitions for review of the Agency's final determinations o
5		n permit applications in accordance with Title X of this Act; u
6		pon petitions to remove seals under Section 34 of this Act; a
7		nd upon other petitions for review of final determinations w
8		hich are made pursuant to this Act or Board rule and which i
9		nvolve a subject which the Board is authorized to regulate. T
10		he Board may also conduct other proceedings as may be provided b
11		y this Act or any other statute or rule. (
12		e) In connection with any proceeding pursuant to s
13		ubsection (b) or (d) of this Section, the Board may subpoena a
14		nd compel the attendance of witnesses and the production of e
15		vidence reasonably necessary to resolution of the matter under c
16		onsideration. The Board shall issue such subpoenas upon the r
17		equest of any party to a proceeding under subsection (d) of t
18		his Section or upon its own motion. (
19		f) The Board may prescribe reasonable fees for permits r
20		equired pursuant to this Act. Such fees in the aggregate may n
21		ot exceed the total cost to the Agency for its inspection and p
22		ermit systems. The Board may not prescribe any permit fees w
23		hich are different in amount from those established by this A
24		ct. (
25		Source: P.A. 92-574, eff. 6-26-02; 93-152, eff. 7-10-03; 9
26		3-509, eff. 8-11-03; revised 9-11-03.) (
27		415 ILCS 5/42) (from Ch. 111 1/2, par. 1042) S
28		ec. 42. Civil penalties. (
29		a) Except as provided in this Section, any person that v
30		iolates any provision of this Act or any regulation adopted by t
31		he Board, or any permit or term or condition thereof, or that v
32		iolates any order of the Board pursuant to this Act, shall be l
33		iable for a civil penalty of not to exceed $50,000 for the v
34		iolation and an additional civil penalty of not to exceed $
35		10,000 for each day during which the violation continues; such p

1		enalties may, upon order of the Board or a court of competent j
2		urisdiction, be made payable to the Environmental Protection T
3		rust Fund, to be used in accordance with the provisions of the E
4		nvironmental Protection Trust Fund Act. (
5		b) Notwithstanding the provisions of subsection (a) of t
6		his Section: (1) Any person that violates Section 12(f) of this Act o
8		r any NPDES permit or term or condition thereof, or any f
9		iling requirement, regulation or order relating to the N
10		PDES permit program, shall be liable to a civil penalty of n
11		ot to exceed $10,000 per day of violation. (2) Any person that violates Section 12(g) of this Act o
13		r any UIC permit or term or condition thereof, or any f
14		iling requirement, regulation or order relating to the S
15		tate UIC program for all wells, except Class II wells as d
16		efined by the Board under this Act, shall be liable to a c
17		ivil penalty not to exceed $2,500 per day of violation; p
18		rovided, however, that any person who commits such v
19		iolations relating to the State UIC program for Class II w
20		ells, as defined by the Board under this Act, shall be l
21		iable to a civil penalty of not to exceed $10,000 for the v
22		iolation and an additional civil penalty of not to exceed $
23		1,000 for each day during which the violation continues. (3) Any person that violates Sections 21(f), 21(g), 2
25		1(h) or 21(i) of this Act, or any RCRA permit or term or c
26		ondition thereof, or any filing requirement, regulation o
27		r order relating to the State RCRA program, shall be l
28		iable to a civil penalty of not to exceed $25,000 per day o
29		f violation. (4) In an administrative citation action under Section 3
31		1.1 of this Act, any person found to have violated any p
32		rovision of subsection (o) of Section 21 of this Act shall p
33		ay a civil penalty of $500 for each violation of each such p
34		rovision, plus any hearing costs incurred by the Board and t
35		he Agency. Such penalties shall be made payable to the E
36		nvironmental Protection Trust Fund, to be used in a

1		ccordance with the provisions of the Environmental P
2		rotection Trust Fund Act; except that if a unit of local g
3		overnment issued the administrative citation, 50% of the c
4		ivil penalty shall be payable to the unit of local g
5		overnment. (4-5) In an administrative citation action under S
7		ection 31.1 of this Act, any person found to have violated a
8		ny provision of subsection (p) of Section 21 of this Act s
9		hall pay a civil penalty of $1,500 for each violation of e
10		ach such provision, plus any hearing costs incurred by the B
11		oard and the Agency, except that the civil penalty amount s
12		hall be be a $3,000 for each violation of any provision of s
13		ubsection (p) of Section 21 that is the person's second a s
14		econd or subsequent adjudication violation of that p
15		rovision. The penalties shall be deposited into the E
16		nvironmental Protection Trust Fund, to be used in a
17		ccordance with the provisions of the Environmental P
18		rotection Trust Fund Act; except that if a unit of local g
19		overnment issued the administrative citation, 50% of the c
20		ivil penalty shall be payable to the unit of local g
21		overnment. (5) Any person who violates subsection 6 of Section 3
23		9.5 of this Act or any CAAPP permit, or term or condition t
24		hereof, or any fee or filing requirement, or any duty to a
25		llow or carry out inspection, entry or monitoring a
26		ctivities, or any regulation or order relating to the C
27		AAPP shall be liable for a civil penalty not to exceed $
28		10,000 per day of violation. (
29		b.5) In lieu of the penalties set forth in subsections (a) a
30		nd (b) of this Section, any person who fails to file, in a t
31		imely manner, toxic chemical release forms with the Agency p
32		ursuant to Section 25b-2 of this Act shall be liable for a c
33		ivil penalty of $100 per day for each day the forms are late, n
34		ot to exceed a maximum total penalty of $6,000. This daily p
35		enalty shall begin accruing on the thirty-first day after the d
36		ate that the person receives the warning notice issued by the A

1		gency pursuant to Section 25b-6 of this Act; and the penalty s
2		hall be paid to the Agency. The daily accrual of penalties s
3		hall cease as of January 1 of the following year. All p
4		enalties collected by the Agency pursuant to this subsection s
5		hall be deposited into the Environmental Protection Permit and I
6		nspection Fund. (
7		c) Any person that violates this Act, any rule or r
8		egulation adopted under this Act, any permit or term or c
9		ondition of a permit, or any Board order and causes the death o
10		f fish or aquatic life shall, in addition to the other p
11		enalties provided by this Act, be liable to pay to the State a
12		n additional sum for the reasonable value of the fish or a
13		quatic life destroyed. Any money so recovered shall be placed i
14		n the Wildlife and Fish Fund in the State Treasury. (
15		d) The penalties provided for in this Section may be r
16		ecovered in a civil action. (
17		e) The State's Attorney of the county in which the v
18		iolation occurred, or the Attorney General, may, at the r
19		equest of the Agency or on his own motion, institute a civil a
20		ction for an injunction to restrain violations of this Act, a
21		ny rule or regulation adopted under this Act, any permit or t
22		erm or condition of a permit, or any Board order. (
23		f) The State's Attorney of the county in which the v
24		iolation occurred, or the Attorney General, shall bring such a
25		ctions in the name of the people of the State of Illinois. W
26		ithout limiting any other authority which may exist for the a
27		warding of attorney's fees and costs, the Board or a court of c
28		ompetent jurisdiction may award costs and reasonable a
29		ttorney's fees, including the reasonable costs of expert w
30		itnesses and consultants, to the State's Attorney or the A
31		ttorney General in a case where he has prevailed against a p
32		erson who has committed a wilful, knowing or repeated v
33		iolation of this Act, any rule or regulation adopted under t
34		his Act, any permit or term or condition of a permit, or any B
35		oard order. A
36		ny funds collected under this subsection (f) in which the A

1		ttorney General has prevailed shall be deposited in the H
2		azardous Waste Fund created in Section 22.2 of this Act. Any f
3		unds collected under this subsection (f) in which a State's A
4		ttorney has prevailed shall be retained by the county in which h
5		e serves. (
6		g) All final orders imposing civil penalties pursuant to t
7		his Section shall prescribe the time for payment of such p
8		enalties. If any such penalty is not paid within the time p
9		rescribed, interest on such penalty at the rate set forth in s
10		ubsection (a) of Section 1003 of the Illinois Income Tax Act, s
11		hall be paid for the period from the date payment is due until t
12		he date payment is received. However, if the time for payment i
13		s stayed during the pendency of an appeal, interest shall not a
14		ccrue during such stay. (
15		h) In determining the appropriate civil penalty to be i
16		mposed under subdivisions (a), (b)(1), (b)(2), (b)(3), or (
17		b)(5) of this Section, the Board is authorized to consider any m
18		atters of record in mitigation or aggravation of penalty, i
19		ncluding but not limited to the following factors: (1) the duration and gravity of the violation; (2) the presence or absence of due diligence on the p
22		art of the respondent in attempting to comply with r
23		equirements of this Act and regulations thereunder or to s
24		ecure relief therefrom as provided by this Act; (3) any economic benefits accrued by the respondent b
26		ecause of delay in compliance with requirements, in which c
27		ase the economic benefits shall be determined by the l
28		owest cost alternative for achieving compliance; (4) the amount of monetary penalty which will serve to d
30		eter further violations by the respondent and to otherwise a
31		id in enhancing voluntary compliance with this Act by the r
32		espondent and other persons similarly subject to the Act; (5) the number, proximity in time, and gravity of p
34		reviously adjudicated violations of this Act by the r
35		espondent; (6) whether the respondent voluntarily self-disclosed, i

1		n accordance with subsection (i) of this Section, the n
2		on-compliance to the Agency; and (7) whether the respondent has agreed to undertake a "
4		supplemental environmental project," which means an e
5		nvironmentally beneficial project that a respondent a
6		grees to undertake in settlement of an enforcement action b
7		rought under this Act, but which the respondent is not o
8		therwise legally required to perform. I
9		n determining the appropriate civil penalty to be imposed u
10		nder subsection (a) or paragraph (1), (2), (3), or (5) of s
11		ubsection (b) of this Section, the Board shall ensure, in all c
12		ases, that the penalty is at least as great as the economic b
13		enefits, if any, accrued by the respondent as a result of the v
14		iolation, unless the Board finds that imposition of such p
15		enalty would result in an arbitrary or unreasonable financial h
16		ardship. However, such civil penalty may be off-set in whole o
17		r in part pursuant to a supplemental environmental project a
18		greed to by the complainant and the respondent. (
19		i) A person who voluntarily self-discloses non-compliance t
20		o the Agency, of which the Agency had been unaware, is e
21		ntitled to a 100% reduction in the portion of the penalty that i
22		s not based on the economic benefit of non-compliance if the p
23		erson can establish the following: (1) that the non-compliance was discovered through an e
25		nvironmental audit, as defined in Section 52.2 of this A
26		ct, and the person waives the environmental audit p
27		rivileges as provided in that Section with respect to that n
28		on-compliance; (2) that the non-compliance was disclosed in writing w
30		ithin 30 days of the date on which the person discovered i
31		t; (3) that the non-compliance was discovered and d
33		isclosed prior to: (i) the commencement of an Agency inspection, i
35		nvestigation, or request for information; (ii) notice of a citizen suit; (iii) the filing of a complaint by a citizen, the I
2		llinois Attorney General, or the State's Attorney of t
3		he county in which the violation occurred; (iv) the reporting of the non-compliance by an e
5		mployee of the person without that person's k
6		nowledge; or (v) imminent discovery of the non-compliance by t
8		he Agency; (4) that the non-compliance is being corrected and any e
10		nvironmental harm is being remediated in a timely fashion; (5) that the person agrees to prevent a recurrence of t
12		he non-compliance; (6) that no related non-compliance events have o
14		ccurred in the past 3 years at the same facility or in the p
15		ast 5 years as part of a pattern at multiple facilities o
16		wned or operated by the person; (7) that the non-compliance did not result in serious a
18		ctual harm or present an imminent and substantial e
19		ndangerment to human health or the environment or violate t
20		he specific terms of any judicial or administrative order o
21		r consent agreement; (8) that the person cooperates as reasonably requested b
23		y the Agency after the disclosure; and (9) that the non-compliance was identified voluntarily a
25		nd not through a monitoring, sampling, or auditing p
26		rocedure that is required by statute, rule, permit, j
27		udicial or administrative order, or consent agreement. I
28		f a person can establish all of the elements under this s
29		ubsection except the element set forth in paragraph (1) of t
30		his subsection, the person is entitled to a 75% reduction in t
31		he portion of the penalty that is not based upon the economic b
32		enefit of non-compliance. (
33		Source: P.A. 93-152, eff. 7-10-03; 93-575, eff. 1-1-04; r
34		evised 9-11-03.) (
35		415 ILCS 5/55.8) (from Ch. 111 1/2, par. 1055.8) S

1		ec. 55.8. Tire retailers. (
2		a) Beginning July 1, 1992, Any person selling new or used t
3		ires at retail or offering new or used tires for retail sale i
4		n this State shall: (1) beginning on June 20, 2003 (the effective date of P
6		ublic Act 93-32), collect from retail customers a fee of $
7		2 per new or and used tire sold and delivered in this S
8		tate, to be paid to the Department of Revenue and d
9		eposited into the Used Tire Management Fund, less a c
10		ollection allowance of 10 cents per tire to be retained by t
11		he retail seller and a collection allowance of 10 cents p
12		er tire to be retained by the Department of Revenue and p
13		aid into the General Revenue Fund; (1.5) beginning on July 1, 2003, collect from retail c
15		ustomers an additional 50 cents per new or used tire sold a
16		nd delivered in this State. The money collected from this f
17		ee shall be deposited into the Emergency Public Health F
18		und. This fee shall no longer be collected beginning on J
19		anuary 1, 2008; . (2) accept for recycling used tires from customers, at t
21		he point of transfer, in a quantity equal to the number of n
22		ew tires purchased; and (3) post in a conspicuous place a written notice at l
24		east 8.5 by 11 inches in size that includes the universal r
25		ecycling symbol and the following statements: "DO NOT put u
26		sed tires in the trash."; "Recycle your used tires."; and "
27		State law requires us to accept used tires for recycling, i
28		n exchange for new tires purchased.". (
29		b) A person who accepts used tires for recycling under s
30		ubsection (a) shall not allow the tires to accumulate for p
31		eriods of more than 90 days. (
32		c) The requirements of subsection (a) of this Section do n
33		ot apply to mail order sales nor shall the retail sale of a m
34		otor vehicle be considered to be the sale of tires at retail o
35		r offering of tires for retail sale. Instead of filing r
36		eturns, retailers of tires may remit the tire user fee of $

1		1.00 per tire to their suppliers of tires if the supplier of t
2		ires is a registered retailer of tires and agrees or otherwise a
3		rranges to collect and remit the tire fee to the Department of R
4		evenue, notwithstanding the fact that the sale of the tire is a
5		sale for resale and not a sale at retail. A tire supplier who e
6		nters into such an arrangement with a tire retailer shall be l
7		iable for the tax on all tires sold to the tire retailer and m
8		ust (i) provide the tire retailer with a receipt that s
9		eparately reflects the tire tax collected from the retailer on e
10		ach transaction and (ii) accept used tires for recycling from t
11		he retailer's customers. The tire supplier shall be entitled t
12		o the collection allowance of 10 cents per tire. T
13		he retailer of the tires must maintain in its books and r
14		ecords evidence that the appropriate fee was paid to the tire s
15		upplier and that the tire supplier has agreed to remit the fee t
16		o the Department of Revenue for each tire sold by the r
17		etailer. Otherwise, the tire retailer shall be directly liable f
18		or the fee on all tires sold at retail. Tire retailers paying t
19		he fee to their suppliers are not entitled to the collection a
20		llowance of 10 cents per tire. (
21		d) The requirements of subsection (a) of this Section s
22		hall apply exclusively to tires to be used for vehicles d
23		efined in Section 1-217 of the Illinois Vehicle Code, aircraft t
24		ires, special mobile equipment, and implements of husbandry. (
25		e) The requirements of paragraph (1) of subsection (a) do n
26		ot apply to the sale of reprocessed tires. For purposes of t
27		his Section, "reprocessed tire" means a used tire that has b
28		een recapped, retreaded, or regrooved and that has not been p
29		laced on a vehicle wheel rim. (
30		Source: P.A. 93-32, eff. 6-20-03; 93-52, eff. 6-30-03; revised 1
31		0-13-03.) (
32		415 ILCS 5/57.2) S
33		ec. 57.2. Definitions. As used in this Title: "
34		Audit" means a systematic inspection or examination of p
35		lans, reports, records, or documents to determine the c

1		ompleteness and accuracy of the data and conclusions contained t
2		herein. "
3		Bodily injury" means bodily injury, sickness, or disease s
4		ustained by a person, including death at any time, resulting f
5		rom a release of petroleum from an underground storage tank. "
6		Release" means any spilling, leaking, emitting, d
7		ischarging, escaping, leaching or disposing of petroleum from a
8		n underground storage tank into groundwater, surface water or s
9		ubsurface soils. "
10		Fill material" means non-native or disturbed materials u
11		sed to bed and backfill around an underground storage tank. "
12		Fund" means the Underground Storage Tank Fund. "
13		Heating Oil" means petroleum that is No. 1, No. 2, No. 4 - l
14		ight, No. 4 - heavy, No. 5 - light, No. 5 - heavy or No. 6 t
15		echnical grades of fuel oil; and other residual fuel oils i
16		ncluding Navy Special Fuel Oil and Bunker C. "
17		Indemnification" means indemnification of an owner or o
18		perator for the amount of any judgment entered against the o
19		wner or operator in a court of law, for the amount of any f
20		inal order or determination made against the owner or operator b
21		y an agency of State government or any subdivision thereof, or f
22		or the amount of any settlement entered into by the owner or o
23		perator, if the judgment, order, determination, or settlement a
24		rises out of bodily injury or property damage suffered as a r
25		esult of a release of petroleum from an underground storage t
26		ank owned or operated by the owner or operator. "
27		Corrective action" means activities associated with c
28		ompliance with the provisions of Sections 57.6 and 57.7 of t
29		his Title. "
30		Occurrence" means an accident, including continuous or r
31		epeated exposure to conditions, that results in a sudden or n
32		onsudden release from an underground storage tank. W
33		hen used in connection with, or when otherwise relating t
34		o, underground storage tanks, the terms "facility", "owner", "
35		operator", "underground storage tank", "(UST)", "petroleum" a
36		nd "regulated substance" shall have the meanings ascribed to t

1		hem in Subtitle I of the Hazardous and Solid Waste Amendments o
2		f 1984 (P.L. 98-616), of the Resource Conservation and R
3		ecovery Act of 1976 (P.L. 94-580); provided however that the t
4		erm "underground storage tank" shall also mean an underground s
5		torage tank used exclusively to store heating oil for c
6		onsumptive use on the premises where stored and which serves o
7		ther than a farm or residential unit. "
8		Licensed Professional Engineer" means a person, c
9		orporation, or partnership licensed under the laws of the S
10		tate of Illinois to practice professional engineering. "
11		Licensed Professional Geologist" means a person licensed u
12		nder the laws of the State of Illinois to practice as a p
13		rofessional geologist. "
14		Site" means any single location, place, tract of land or p
15		arcel of property including contiguous property not separated b
16		y a public right-of-way. "
17		Site investigation" means activities associated with c
18		ompliance with the provisions of subsection (a) of Section 5
19		7.7. "
20		Property damage" means physical injury to, destruction o
21		f, or contamination of tangible property, including all r
22		esulting loss of use of that property; or loss of use of t
23		angible property that is not physically injured, destroyed, or c
24		ontaminated, but has been evacuated, withdrawn from use, or r
25		endered inaccessible because of a release of petroleum from an u
26		nderground storage tank. "
27		Class I Groundwater" means groundwater that meets the C
28		lass I: Potable Resource Groundwater criteria set forth in the B
29		oard regulations adopted pursuant to the Illinois Groundwater P
30		rotection Act. "
31		Class III Groundwater" means groundwater that meets the C
32		lass III: Special Resource Groundwater criteria set forth in t
33		he Board regulations adopted pursuant to the Illinois G
34		roundwater Protection Act. (
35		Source: P.A. 92-554, eff. 6-24-02; 92-735, eff. 7-25-02; r
36		evised 9-9-02.) (

1		415 ILCS 5/57.8) S
2		ec. 57.8. Underground Storage Tank Fund; payment; options f
3		or State payment; deferred correction election to commence c
4		orrective action upon availability of funds. If an owner or o
5		perator is eligible to access the Underground Storage Tank F
6		und pursuant to an Office of State Fire Marshal e
7		ligibility/deductible final determination letter issued in a
8		ccordance with Section 57.9, the owner or operator may submit a
9		complete application for final or partial payment to the A
10		gency for activities taken in response to a confirmed release. A
11		n owner or operator may submit a request for partial or final p
12		ayment regarding a site no more frequently than once every 90 d
13		ays. (
14		a) Payment after completion of corrective action m
15		easures. The owner or operator may submit an application for p
16		ayment for activities performed at a site after completion of t
17		he requirements of Sections 57.6 and 57.7, or after completion o
18		f any other required activities at the underground storage t
19		ank site. (1) In the case of any approved plan and budget for w
21		hich payment is being sought, the Agency shall make a p
22		ayment determination within 120 days of receipt of the a
23		pplication. Such determination shall be considered a f
24		inal decision. The Agency's review shall be limited to g
25		enerally accepted auditing and accounting practices. In n
26		o case shall the Agency conduct additional review of any p
27		lan which was completed within the budget, beyond auditing f
28		or adherence to the corrective action measures in the p
29		roposal. If the Agency fails to approve the payment a
30		pplication within 120 days, such application shall be d
31		eemed approved by operation of law and the Agency shall p
32		roceed to reimburse the owner or operator the amount r
33		equested in the payment application. However, in no event s
34		hall the Agency reimburse the owner or operator an amount g
35		reater than the amount approved in the plan. (2) If sufficient funds are available in the U
2		nderground Storage Tank Fund, the Agency shall, within 60 d
3		ays, forward to the Office of the State Comptroller a v
4		oucher in the amount approved under the payment a
5		pplication. (3) In the case of insufficient funds, the Agency shall f
7		orm a priority list for payment and shall notify persons i
8		n such priority list monthly of the availability of funds a
9		nd when payment shall be made. Payment shall be made to t
10		he owner or operator at such time as sufficient funds b
11		ecome available for the costs associated with site i
12		nvestigation and corrective action and costs expended for a
13		ctivities performed where no proposal is required, if a
14		pplicable. Such priority list shall be available to any o
15		wner or operator upon request. Priority for payment shall b
16		e determined by the date the Agency receives a complete r
17		equest for partial or final payment. Upon receipt of n
18		otification from the Agency that the requirements of this T
19		itle have been met, the Comptroller shall make payment to t
20		he owner or operator of the amount approved by the Agency, i
21		f sufficient money exists in the Fund. If there is i
22		nsufficient money in the Fund, then payment shall not be m
23		ade. If the owner or operator appeals a final Agency p
24		ayment determination and it is determined that the owner o
25		r operator is eligible for payment or additional payment, t
26		he priority date for the payment or additional payment s
27		hall be the same as the priority date assigned to the o
28		riginal request for partial or final payment. (4) Any deductible, as determined pursuant to the O
30		ffice of the State Fire Marshal's eligibility and d
31		eductibility final determination in accordance with S
32		ection 57.9, shall be subtracted from any payment invoice p
33		aid to an eligible owner or operator. Only one deductible s
34		hall apply per underground storage tank site. (5) In the event that costs are or will be incurred in a
36		ddition to those approved by the Agency, or after payment, t

1		he owner or operator may submit successive plans c
2		ontaining amended budgets. The requirements of Section 5
3		7.7 shall apply to any amended plans. (6) For purposes of this Section, a complete a
5		pplication shall consist of: (A) A certification from a Licensed Professional E
7		ngineer or Licensed Professional Geologist as r
8		equired under this Title and acknowledged by the owner o
9		r operator. (B) A statement of the amounts approved in the b
11		udget and the amounts actually sought for payment a
12		long with a certified statement by the owner or o
13		perator that the amounts so sought were expended in c
14		onformance with the approved budget. (C) A copy of the Office of the State Fire M
16		arshal's eligibility and deductibility determination. (D) Proof that approval of the payment requested w
18		ill not result in the limitations set forth in s
19		ubsection (g) of this Section being exceeded. (E) A federal taxpayer identification number and l
21		egal status disclosure certification on a form p
22		rescribed and provided by the Agency. (
23		b) Commencement of site investigation or corrective a
24		ction upon availability of funds. The Board shall adopt r
25		egulations setting forth procedures based on risk to human h
26		ealth or the environment under which the owner or operator who h
27		as received approval for any budget plan submitted pursuant to S
28		ection 57.7, and who is eligible for payment from the U
29		nderground Storage Tank Fund pursuant to an Office of the S
30		tate Fire Marshal eligibility and deductibility d
31		etermination, may elect to defer site investigation or c
32		orrective action activities until funds are available in an a
33		mount equal to the amount approved in the budget. The r
34		egulations shall establish criteria based on risk to human h
35		ealth or the environment to be used for determining on a s
36		ite-by-site basis whether deferral is appropriate. The r

1		egulations also shall establish the minimum investigatory r
2		equirements for determining whether the risk based criteria a
3		re present at a site considering deferral and procedures for t
4		he notification of owners or operators of insufficient funds, A
5		gency review of request for deferral, notification of Agency f
6		inal decisions, returning deferred sites to active status, and e
7		armarking of funds for payment. (
8		c) When the owner or operator requests indemnification for p
9		ayment of costs incurred as a result of a release of petroleum f
10		rom an underground storage tank, if the owner or operator has s
11		atisfied the requirements of subsection (a) of this Section, t
12		he Agency shall forward a copy of the request to the Attorney G
13		eneral. The Attorney General shall review and approve the r
14		equest for indemnification if: (1) there is a legally enforceable judgment entered a
16		gainst the owner or operator and such judgment was entered d
17		ue to harm caused by a release of petroleum from an u
18		nderground storage tank and such judgment was not entered a
19		s a result of fraud; or (2) a settlement with a third party due to a release of p
21		etroleum from an underground storage tank is reasonable. (
22		d) Notwithstanding any other provision of this Title, the A
23		gency shall not approve payment to an owner or operator from t
24		he Fund for costs of corrective action or indemnification i
25		ncurred during a calendar year in excess of the following a
26		ggregate amounts based on the number of petroleum underground s
27		torage tanks owned or operated by such owner or operator in I
28		llinois. Amount Number of Tanks $2,000,000.fewer than 101 $3,000,000.101 or more (1) Costs incurred in excess of the aggregate amounts s
33		et forth in paragraph (1) of this subsection shall not be e
34		ligible for payment in subsequent years. (2) For purposes of this subsection, requests s
36		ubmitted by any of the agencies, departments, boards, c

1		ommittees or commissions of the State of Illinois shall be a
2		cted upon as claims from a single owner or operator. (3) For purposes of this subsection, owner or operator i
4		ncludes (i) any subsidiary, parent, or joint stock company o
5		f the owner or operator and (ii) any company owned by any p
6		arent, subsidiary, or joint stock company of the owner or o
7		perator. (
8		e) Costs of corrective action or indemnification incurred b
9		y an owner or operator which have been paid to an owner or o
10		perator under a policy of insurance, another written a
11		greement, or a court order are not eligible for payment under t
12		his Section. An owner or operator who receives payment under a p
13		olicy of insurance, another written agreement, or a court o
14		rder shall reimburse the State to the extent such payment c
15		overs costs for which payment was received from the Fund. Any m
16		onies received by the State under this subsection (e) shall be d
17		eposited into the Fund. (
18		f) (Blank.) (
19		g) The Agency shall not approve any payment from the Fund t
20		o pay an owner or operator: (1) for costs of corrective action incurred by such o
22		wner or operator in an amount in excess of $1,500,000 per o
23		ccurrence; and (2) for costs of indemnification of such owner or o
25		perator in an amount in excess of $1,500,000 per o
26		ccurrence. (
27		h) Payment of any amount from the Fund for corrective a
28		ction or indemnification shall be subject to the State a
29		cquiring by subrogation the rights of any owner, operator, or o
30		ther person to recover the costs of corrective action or i
31		ndemnification for which the Fund has compensated such owner, o
32		perator, or person from the person responsible or liable for t
33		he release. (
34		i) If the Agency refuses to pay or authorizes only a p
35		artial payment, the affected owner or operator may petition t
36		he Board for a hearing in the manner provided for the review o

1		f permit decisions in Section 40 of this Act. (
2		j) Costs of corrective action or indemnification incurred b
3		y an owner or operator prior to July 28, 1989, shall not be e
4		ligible for payment or reimbursement under this Section. (
5		k) The Agency shall not pay costs of corrective action or i
6		ndemnification incurred before providing notification of the r
7		elease of petroleum in accordance with the provisions of this T
8		itle. (
9		l) Corrective action does not include legal defense costs. L
10		egal defense costs include legal costs for seeking payment u
11		nder this Title unless the owner or operator prevails before t
12		he Board in which case the Board may authorize payment of l
13		egal fees. (
14		m) The Agency may apportion payment of costs for plans s
15		ubmitted under Section 57.7 if: (1) the owner or operator was deemed eligible to access t
17		he Fund for payment of corrective action costs for some, b
18		ut not all, of the underground storage tanks at the site; a
19		nd (2) the owner or operator failed to justify all costs a
21		ttributable to each underground storage tank at the site. (
22		n) The Agency shall not pay costs associated with a c
23		orrective action plan incurred after the Agency provides n
24		otification to the owner or operator pursuant to item (7) of s
25		ubsection (b) of Section 57.7 that a revised corrective action p
26		lan is required. Costs associated with any subsequently a
27		pproved corrective action plan shall be eligible for r
28		eimbursement if they meet the requirements of this Title. (
29		Source: P.A. 91-357, eff. 7-29-99; 92-554, eff. 6-24-02; 9
30		2-574, eff. 6-26-02; 92-735, eff. 7-25-02; revised 10-3-02.) (
31		415 ILCS 5/57.10) S
32		ec. 57.10. Professional Engineer or Professional G
33		eologist certification; presumptions against liability. (
34		a) Within 120 days of the Agency's receipt of a corrective a
35		ction completion report, the Agency shall issue to the owner o

1		r operator a "no further remediation letter" unless the Agency h
2		as requested a modification, issued a rejection under s
3		ubsection (d) of this Section, or the report has been rejected b
4		y operation of law. (
5		b) By certifying such a statement, a Licensed Professional E
6		ngineer or Licensed Professional Geologist shall in no way be l
7		iable thereon, unless the engineer or geologist gave such c
8		ertification despite his or her actual knowledge that the p
9		erformed measures were not in compliance with applicable s
10		tatutory or regulatory requirements or any plan submitted to t
11		he Agency. (
12		c) The Agency's issuance of a no further remediation l
13		etter shall signify, based on the certification of the L
14		icensed Professional Engineer, that: (1) all statutory and regulatory corrective action r
16		equirements applicable to the occurrence have been c
17		omplied with; (2) all corrective action concerning the remediation o
19		f the occurrence has been completed; and (3) no further corrective action concerning the o
21		ccurrence is necessary for the protection of human health, s
22		afety and the environment. (
23		d) The no further remediation letter issued under this S
24		ection shall apply in favor of the following parties: (1) The owner or operator to whom the letter was i
26		ssued. (2) Any parent corporation or subsidiary of such owner o
28		r operator. (3) Any co-owner or co-operator, either by joint t
30		enancy, right-of-survivorship, or any other party sharing a
31		legal relationship with the owner or operator to whom the l
32		etter is issued. (4) Any holder of a beneficial interest of a land trust o
34		r inter vivos trust whether revocable or irrevocable. (5) Any mortgagee or trustee of a deed of trust of such o
36		wner or operator. (6) Any successor-in-interest of such owner or o
2		perator. (7) Any transferee of such owner or operator whether t
4		he transfer was by sale, bankruptcy proceeding, p
5		artition, dissolution of marriage, settlement or a
6		djudication of any civil action, charitable gift, or b
7		equest. (8) Any heir or devisee or such owner or operator. (
9		e) If the Agency notifies the owner or operator that the "
10		no further remediation" letter has been rejected, the grounds f
11		or such rejection shall be described in the notice. Such a d
12		ecision shall be a final determination which may be appealed b
13		y the owner or operator. (
14		f) The Board shall adopt rules setting forth the criteria u
15		nder which the Agency may require an owner or operator to c
16		onduct further investigation or remediation related to a r
17		elease for which a no further remediation letter has been i
18		ssued. (
19		g) Holders of security interests in sites subject to the r
20		equirements of this Title XVI shall be entitled to the same p
21		rotections and subject to the same responsibilities provided u
22		nder general regulations promulgated under Subtitle I of the H
23		azardous and Solid Waste Amendments of 1984 (P.L. 98-616) of t
24		he Resource Conservation and Recovery Act of 1976 (P.L. 9
25		4-580). (
26		Source: P.A. 92-554, eff. 6-24-02; 92-735, eff. 7-25-02; r
27		evised 9-25-03.) (
28		415 ILCS 5/58.7) S
29		ec. 58.7. Review and approvals. (
30		a) Requirements. All plans and reports that are submitted p
31		ursuant to this Title shall be submitted for review or a
32		pproval in accordance with this Section. (
33		b) Review and evaluation by the Agency. (1) Except for sites excluded under subdivision (a) (2) o
35		f Section 58.1, the Agency shall, subject to available r

1		esources, agree to provide review and evaluation services f
2		or activities carried out pursuant to this Title for which t
3		he RA requested the services in writing. As a condition f
4		or providing such services, the Agency may require that t
5		he RA for a site: (A) Conform with the procedures of this Title; (B) Allow for or otherwise arrange site visits or o
8		ther site evaluation by the Agency when so requested; (C) Agree to perform the Remedial Action Plan as a
10		pproved under this Title; (D) Agree to pay any reasonable costs incurred and d
12		ocumented by the Agency in providing such services; (E) Make an advance partial payment to the Agency f
14		or such anticipated services in an amount, acceptable t
15		o the Agency, but not to exceed $5,000 or one-half of t
16		he total anticipated costs of the Agency, whichever s
17		um is less; and (F) Demonstrate, if necessary, authority to act on b
19		ehalf of or in lieu of the owner or operator. (2) Any moneys received by the State for costs incurred b
21		y the Agency in performing review or evaluation services f
22		or actions conducted pursuant to this Title shall be d
23		eposited in the Hazardous Waste Fund. (3) An RA requesting services under subdivision (b) (1) o
25		f this Section may, at any time, notify the Agency, in w
26		riting, that Agency services previously requested are no l
27		onger wanted. Within 180 days after receipt of the notice, t
28		he Agency shall provide the RA with a final invoice for s
29		ervices provided until the date of such notifications. (4) The Agency may invoice or otherwise request or d
31		emand payment from a RA for costs incurred by the Agency i
32		n performing review or evaluation services for actions by t
33		he RA at sites only if: (A) The Agency has incurred costs in performing r
35		esponse actions, other than review or evaluation s
36		ervices, due to the failure of the RA to take response a

1		ction in accordance with a notice issued pursuant to t
2		his Act; (B) The RA has agreed in writing to the payment of s
4		uch costs; (C) The RA has been ordered to pay such costs by t
6		he Board or a court of competent jurisdiction pursuant t
7		o this Act; or (D) The RA has requested or has consented to Agency r
9		eview or evaluation services under subdivision (b) (
10		1) of this Section. (5) The Agency may, subject to available resources, a
12		gree to provide review and evaluation services for r
13		esponse actions if there is a written agreement among p
14		arties to a legal action or if a notice to perform a r
15		esponse action has been issued by the Agency. (
16		c) Review and evaluation by a Licensed Professional E
17		ngineer or Licensed Professional Geologist. A RA may elect to c
18		ontract with a Licensed Professional Engineer or, in the case o
19		f a site investigation report only, a Licensed Professional G
20		eologist, who will perform review and evaluation services on b
21		ehalf of and under the direction of the Agency relative to the s
22		ite activities. (1) Prior to entering into the contract with the R
24		ELPEG, the RA shall notify the Agency of the RELPEG to be s
25		elected. The Agency and the RA shall discuss the potential t
26		erms of the contract. (2) At a minimum, the contract with the RELPEG shall p
28		rovide that the RELPEG will submit any reports directly to t
29		he Agency, will take his or her directions for work a
30		ssignments from the Agency, and will perform the assigned w
31		ork on behalf of the Agency. (3) Reasonable costs incurred by the Agency shall be p
33		aid by the RA directly to the Agency in accordance with t
34		he terms of the review and evaluation services agreement e
35		ntered into under subdivision (b) (1) of Section 58.7. (4) In no event shall the RELPEG acting on behalf of t

1		he Agency be an employee of the RA or the owner or o
2		perator of the site or be an employee of any other person t
3		he RA has contracted to provide services relative to the s
4		ite. (
5		d) Review and approval. All reviews required under this T
6		itle shall be carried out by the Agency or a RELPEG, both u
7		nder the direction of a Licensed Professional Engineer or, in t
8		he case of the review of a site investigation only, a Licensed P
9		rofessional Geologist. (1) All review activities conducted by the Agency or a R
11		ELPEG shall be carried out in conformance with this Title a
12		nd rules promulgated under Section 58.11. (2) Subject to the limitations in subsection (c) and t
14		his subsection (d), the specific plans, reports, and a
15		ctivities that the Agency or a RELPEG may review include: (A) Site Investigation Reports and related a
17		ctivities; (B) Remediation Objectives Reports; (C) Remedial Action Plans and related activities; a
20		nd (D) Remedial Action Completion Reports and related a
22		ctivities. (3) Only the Agency shall have the authority to a
24		pprove, disapprove, or approve with conditions a plan or r
25		eport as a result of the review process including those p
26		lans and reports reviewed by a RELPEG. If the Agency d
27		isapproves a plan or report or approves a plan or report w
28		ith conditions, the written notification required by s
29		ubdivision (d) (4) of this Section shall contain the f
30		ollowing information, as applicable: (A) An explanation of the Sections of this Title t
32		hat may be violated if the plan or report was a
33		pproved; (B) An explanation of the provisions of the rules p
35		romulgated under this Title that may be violated if t
36		he plan or report was approved; (C) An explanation of the specific type of i
2		nformation, if any, that the Agency deems the a
3		pplicant did not provide the Agency; (D) A statement of specific reasons why the Title a
5		nd regulations might not be met if the plan or report w
6		ere approved; and (E) An explanation of the reasons for conditions if c
8		onditions are required. (4) Upon approving, disapproving, or approving with c
10		onditions a plan or report, the Agency shall notify the RA i
11		n writing of its decision. In the case of approval or a
12		pproval with conditions of a Remedial Action Completion R
13		eport, the Agency shall prepare a No Further Remediation L
14		etter that meets the requirements of Section 58.10 and s
15		end a copy of the letter to the RA. (5) All reviews undertaken by the Agency or a RELPEG s
17		hall be completed and the decisions communicated to the RA w
18		ithin 60 days of the request for review or approval. The R
19		A may waive the deadline upon a request from the Agency. I
20		f the Agency disapproves or approves with conditions a p
21		lan or report or fails to issue a final decision within t
22		he 60 day period and the RA has not agreed to a waiver of t
23		he deadline, the RA may, within 35 days, file an appeal to t
24		he Board. Appeals to the Board shall be in the manner p
25		rovided for the review of permit decisions in Section 40 o
26		f this Act. (
27		e) Standard of review. In making determinations, the f
28		ollowing factors, and additional factors as may be adopted by t
29		he Board in accordance with Section 58.11, shall be considered b
30		y the Agency when reviewing or approving plans, reports, and r
31		elated activities, or the RELPEG, when reviewing plans, r
32		eports, and related activities: (1) Site Investigation Reports and related activities: W
34		hether investigations have been conducted and the results c
35		ompiled in accordance with the appropriate procedures and w
36		hether the interpretations and conclusions reached are s

1		upported by the information gathered. In making the d
2		etermination, the following factors shall be considered: (A) The adequacy of the description of the site and s
4		ite characteristics that were used to evaluate the s
5		ite; (B) The adequacy of the investigation of potential p
7		athways and risks to receptors identified at the site; a
8		nd (C) The appropriateness of the sampling and a
10		nalysis used. (2) Remediation Objectives Reports: Whether the r
12		emediation objectives are consistent with the r
13		equirements of the applicable method for selecting or d
14		etermining remediation objectives under Section 58.5. In m
15		aking the determination, the following factors shall be c
16		onsidered: (A) If the objectives were based on the d
18		etermination of area background levels under s
19		ubsection (b) of Section 58.5, whether the review of c
20		urrent and historic conditions at or in the immediate v
21		icinity of the site has been thorough and whether the s
22		ite sampling and analysis has been performed in a m
23		anner resulting in accurate determinations; (B) If the objectives were calculated on the basis o
25		f predetermined equations using site specific data, w
26		hether the calculations were accurately performed and w
27		hether the site specific data reflect actual site c
28		onditions; and (C) If the objectives were determined using a site s
30		pecific risk assessment procedure, whether the p
31		rocedure used is nationally recognized and accepted, w
32		hether the calculations were accurately performed, a
33		nd whether the site specific data reflect actual site c
34		onditions. (3) Remedial Action Plans and related activities: W
36		hether the plan will result in compliance with this Title, a

1		nd rules adopted under it and attainment of the applicable r
2		emediation objectives. In making the determination, the f
3		ollowing factors shall be considered: (A) The likelihood that the plan will result in the a
5		ttainment of the applicable remediation objectives; (B) Whether the activities proposed are consistent w
7		ith generally accepted engineering practices; and (C) The management of risk relative to any r
9		emaining contamination, including but not limited to, p
10		rovisions for the long-term enforcement, operation, a
11		nd maintenance of institutional and engineering c
12		ontrols, if relied on. (4) Remedial Action Completion Reports and related a
14		ctivities: Whether the remedial activities have been c
15		ompleted in accordance with the approved Remedial Action P
16		lan and whether the applicable remediation objectives h
17		ave been attained. (
18		f) All plans and reports submitted for review shall i
19		nclude a Licensed Professional Engineer's certification that a
20		ll investigations and remedial activities were carried out u
21		nder his or her direction and, to the best of his or her k
22		nowledge and belief, the work described in the plan or report h
23		as been completed in accordance with generally accepted e
24		ngineering practices, and the information presented is a
25		ccurate and complete. In the case of a site investigation r
26		eport prepared or supervised by a Licensed Professional G
27		eologist, the required certification may be made by the L
28		icensed Professional Geologist (rather than a Licensed P
29		rofessional Engineer) and based upon generally accepted p
30		rinciples of professional geology. (
31		g) In accordance with Section 58.11, the Agency shall p
32		ropose and the Board shall adopt rules to carry out the p
33		urposes of this Section. At a minimum, the rules shall detail t
34		he types of services the Agency may provide in response to r
35		equests under subdivision (b) (1) of this Section and the r
36		ecordkeeping it will utilize in documenting to the RA the c

1		osts incurred by the Agency in providing such services. (
2		h) Public participation. (1) The Agency shall develop guidance to assist RA's in t
4		he implementation of a community relations plan to address a
5		ctivity at sites undergoing remedial action pursuant to t
6		his Title. (2) The RA may elect to enter into a services agreement w
8		ith the Agency for Agency assistance in community outreach e
9		fforts. (3) The Agency shall maintain a registry listing those s
11		ites undergoing remedial action pursuant to this Title. (4) Notwithstanding any provisions of this Section, t
13		he RA of a site undergoing remedial activity pursuant to t
14		his Title may elect to initiate a community outreach e
15		ffort for the site. (
16		Source: P.A. 92-574, eff. 6-26-02; 92-735, eff. 7-25-02; r
17		evised 9-9-02.)

18		ection 425. The Gasoline Storage Act is amended by c
19		hanging Section 2 as follows: (
20		430 ILCS 15/2) (from Ch. 127 1/2, par. 154) S
21		ec. 2. Jurisdiction; regulation of tanks. (
22		1) (a) Except as otherwise provided in this Act, the j
23		urisdiction of the Office of the State Fire Marshal under this A
24		ct shall be concurrent with that of municipalities and other p
25		olitical subdivisions. The Office of the State Fire Marshal h
26		as power to promulgate, pursuant to the Illinois A
27		dministrative Procedure Act, reasonable rules and regulations g
28		overning the keeping, storage, transportation, sale or use of g
29		asoline and volatile oils. Nothing in this Act shall relieve a
30		ny person, corporation, or other entity from complying with a
31		ny zoning ordinance of a municipality or home rule unit e
32		nacted pursuant to Section 11-13-1 of the Illinois Municipal C
33		ode or any ordinance enacted pursuant to Section 11-8-4 of the I
34		llinois Municipal Code. (

1		b) The rulemaking power shall include the power to p
2		romulgate rules providing for the issuance and revocation of p
3		ermits allowing the self service dispensing of motor fuels as s
4		uch term is defined in the Motor Fuel Tax Law in retail s
5		ervice stations or any other place of business where motor f
6		uels are dispensed into the fuel tanks of motor vehicles, i
7		nternal combustion engines or portable containers. Such rules s
8		hall specify the requirements that must be met both prior and s
9		ubsequent to the issuance of such permits in order to insure t
10		he safety and welfare of the general public. The operation of s
11		uch service stations without a permit shall be unlawful. The O
12		ffice of the State Fire Marshal shall revoke such permit if t
13		he self service operation of such a service station is found t
14		o pose a significant risk to the safety and welfare of the g
15		eneral public. (
16		c) However, except in any county with a population of 1
17		,000,000 or more, the Office of the State Fire Marshal shall n
18		ot have the authority to prohibit the operation of a service s
19		tation solely on the basis that it is an unattended s
20		elf-service station which utilizes key or card operated s
21		elf-service motor fuel dispensing devices. Nothing in this p
22		aragraph shall prohibit the Office of the State Fire Marshal f
23		rom adopting reasonable rules and regulations governing the s
24		afety of self-service motor fuel dispensing devices. (
25		d) The State Fire Marshal shall not prohibit the d
26		ispensing or delivery of flammable or combustible motor v
27		ehicle fuels directly into the fuel tanks of vehicles from t
28		ank trucks, tank wagons, or other portable tanks. The State F
29		ire Marshal shall adopt rules (i) for the issuance of permits f
30		or the dispensing of motor vehicle fuels in the manner d
31		escribed in this paragraph (d), (ii) that establish fees for p
32		ermits and inspections, and provide for those fees to be d
33		eposited into the Fire Prevention Fund, (iii) that require the d
34		ispensing of motor fuel in the manner described in this p
35		aragraph (d) to meet conditions consistent with nationally r
36		ecognized standards such as those of the National Fire P

1		rotection Association, and (iv) that restrict the dispensing o
2		f motor vehicle fuels in the manner described in this p
3		aragraph (d) to the following: (A) agriculture sites for agricultural purposes, (B) construction sites for refueling construction e
6		quipment used at the construction site, (C) sites used for the parking, operation, or m
8		aintenance of a commercial vehicle fleet, but only if the s
9		ite is located in a county with 3,000,000 or more i
10		nhabitants or a county contiguous to a county with 3
11		,000,000 or more inhabitants and the site is not normally a
12		ccessible to the public, and (D) sites used for the refueling of police, fire, or e
14		mergency medical services vehicles or other vehicles that a
15		re owned, leased, or operated by (or operated under c
16		ontract with) the State, a unit of local government, or a s
17		chool district, or any agency of the State and that are n
18		ot normally accessible to the public. (
19		2) (a) The Office of the State Fire Marshal shall adopt r
20		ules and regulations regarding underground storage tanks and a
21		ssociated piping and no municipality or other political s
22		ubdivision shall adopt or enforce any ordinances or r
23		egulations regarding such underground tanks and piping other t
24		han those which are identical to the rules and regulations of t
25		he Office of the State Fire Marshal. It is declared to be the l
26		aw of this State, pursuant to paragraphs (h) and (i) of S
27		ection 6 of Article VII of the Illinois Constitution, that the e
28		stablishment and enforcement of standards regarding u
29		nderground storage tanks and associated piping within the j
30		urisdiction of the Office of the State Fire Marshal is an e
31		xclusive State function which may not be exercised c
32		oncurrently by a home rule unit except as expressly permitted i
33		n this Act. (
34		b) The Office of the State Fire Marshal may enter into w
35		ritten contracts with municipalities of over 500,000 in p
36		opulation to enforce the rules and regulations adopted under t

1		his subsection. (
2		3) (a) The Office of the State Fire Marshal shall have a
3		uthority over underground storage tanks which contain, have c
4		ontained, or are designed to contain petroleum, hazardous s
5		ubstances and regulated substances as those terms are used in S
6		ubtitle I of the Hazardous and Solid Waste Amendments of 1984 (
7		P.L. 98-616), as amended by the Superfund Amendments and R
8		eauthorization Act of 1986 (P.L. 99-499). The Office shall h
9		ave the power with regard to underground storage tanks to r
10		equire any person who tests, installs, repairs, replaces, r
11		elines, or removes any underground storage tank system c
12		ontaining, formerly containing, or which is designed to c
13		ontain petroleum or other regulated substances, to obtain a p
14		ermit to install, repair, replace, reline, or remove the p
15		articular tank system, and to pay a fee set by the Office for a
16		permit to install, repair, replace, reline, upgrade, test, or r
17		emove any portion of an underground storage tank system. All p
18		ersons who do repairs above grade level for themselves need n
19		ot pay a fee or be certified. All fees received by the Office f
20		rom certification and permits shall be deposited in the Fire P
21		revention Fund for the exclusive use of the Office in a
22		dministering the Underground Storage Tank program. (
23		b) (i) Within 120 days after the promulgation of r
24		egulations or amendments thereto by the Administrator of the U
25		nited States Environmental Protection Agency to implement S
26		ection 9003 of Subtitle I of the Hazardous and Solid Waste A
27		mendments of 1984 (P.L. 98-616) of the Resource Conservation a
28		nd Recovery Act of 1976 (P.L. 94-580 95-580), as amended, the O
29		ffice of the State Fire Marshal shall adopt regulations or a
30		mendments thereto which are identical in substance. The r
31		ulemaking provisions of Section 5-35 of the Illinois A
32		dministrative Procedure Act shall not apply to regulations or a
33		mendments thereto adopted pursuant to this subparagraph (i). (
34		ii) The Office of the State Fire Marshal may adopt a
35		dditional regulations relating to an underground storage tank p
36		rogram that are not inconsistent with and at least as s

1		tringent as Section 9003 of Subtitle I of the Hazardous and S
2		olid Waste Amendments of 1984 (P.L. 98-616) of the Resource C
3		onservation and Recovery Act of 1976 (P.L. 94-580), as a
4		mended, or regulations adopted thereunder. Except as provided o
5		therwise in subparagraph (i) of this paragraph (b), the Office o
6		f the State Fire Marshal shall not adopt regulations relating t
7		o corrective action at underground storage tanks. Regulations a
8		dopted pursuant to this subsection shall be adopted in a
9		ccordance with the procedures for rulemaking in Section 5-35 o
10		f the Illinois Administrative Procedure Act. (
11		c) The Office of the State Fire Marshal shall require any p
12		erson, corporation or other entity who tests an underground t
13		ank or its piping or cathodic protection for another to report t
14		he results of such test to the Office. (
15		d) In accordance with constitutional limitations, the O
16		ffice shall have authority to enter at all reasonable times u
17		pon any private or public property for the purpose of: (i) Inspecting and investigating to ascertain possible v
19		iolations of this Act, of regulations thereunder or of p
20		ermits or terms or conditions thereof; or (ii) In accordance with the provisions of this Act, t
22		aking whatever emergency action, that is necessary or a
23		ppropriate, to assure that the public health or safety is n
24		ot threatened whenever there is a release or a substantial t
25		hreat of a release of petroleum or a regulated substance f
26		rom an underground storage tank. (
27		e) The Office of the State Fire Marshal may issue an A
28		dministrative Order to any person who it reasonably believes h
29		as violated the rules and regulations governing underground s
30		torage tanks, including the installation, repair, leak d
31		etection, cathodic protection tank testing, removal or r
32		elease notification. Such an order shall be served by r
33		egistered or certified mail or in person. Any person served w
34		ith such an order may appeal such order by submitting in w
35		riting any such appeal to the Office within 10 days of the d
36		ate of receipt of such order. The Office shall conduct an a

1		dministrative hearing governed by the Illinois Administrative P
2		rocedure Act and enter an order to sustain, modify or revoke s
3		uch order. Any appeal from such order shall be to the circuit c
4		ourt of the county in which the violation took place and shall b
5		e governed by the Administrative Review Law. (
6		f) The Office of the State Fire Marshal shall not require t
7		he removal of an underground tank system taken out of o
8		peration before January 2, 1974, except in the case in which t
9		he office of the State Fire Marshal has determined that a r
10		elease from the underground tank system poses a current or p
11		otential threat to human health and the environment. In that c
12		ase, and upon receipt of an Order from the Office of the State F
13		ire Marshal, the owner or operator of the nonoperational u
14		nderground tank system shall assess the excavation zone and c
15		lose the system in accordance with regulations promulgated by t
16		he Office of the State Fire Marshal. (
17		4) (a) The Office of the State Fire Marshal shall adopt r
18		ules and regulations regarding aboveground storage tanks and a
19		ssociated piping and no municipality or other political s
20		ubdivision shall adopt or enforce any ordinances or r
21		egulations regarding such aboveground tanks and piping other t
22		han those which are identical to the rules and regulations of t
23		he Office of the State Fire Marshal unless, in the interest of f
24		ire safety, the Office of the State Fire Marshal delegates s
25		uch authority to municipalities, political subdivisions or h
26		ome rule units. It is declared to be the law of this State, p
27		ursuant to paragraphs (h) and (i) of Section 6 of Article VII o
28		f the Illinois Constitution, that the establishment of s
29		tandards regarding aboveground storage tanks and associated p
30		iping within the jurisdiction of the Office of the State Fire M
31		arshal is an exclusive State function which may not be e
32		xercised concurrently by a home rule unit except as expressly p
33		ermitted in this Act. (
34		b) The Office of the State Fire Marshal shall enforce its r
35		ules and regulations concerning aboveground storage tanks and a
36		ssociated piping; however, municipalities may enforce any of t

1		heir zoning ordinances or zoning regulations regarding a
2		boveground tanks. The Office of the State Fire Marshal may i
3		ssue an administrative order to any owner of an aboveground s
4		torage tank and associated piping it reasonably believes to be i
5		n violation of such rules and regulations to remedy or remove a
6		ny such violation. Such an order shall be served by registered o
7		r certified mail or in person. Any person served with such an o
8		rder may appeal such order by submitting in writing any such a
9		ppeal to the Office within 10 days of the date of receipt of s
10		uch order. The Office shall conduct an administrative hearing g
11		overned by the Illinois Administrative Procedure Act and enter a
12		n order to sustain, modify or revoke such order. Any appeal f
13		rom such order shall be to the circuit court of the county in w
14		hich the violation took place and shall be governed by the A
15		dministrative Review Law. (
16		Source: P.A. 91-851, eff. 1-1-01; 92-618, eff. 7-11-02; r
17		evised 10-9-03.)

18		ection 430. The Animal Control Act is amended by changing S
19		ection 10 as follows: (
20		510 ILCS 5/10) (from Ch. 8, par. 360) S
21		ec. 10. Impoundment; redemption. When dogs or cats are a
22		pprehended and impounded by the Administrator, they must be s
23		canned for the presence of a microchip. The Administrator s
24		hall make every reasonable attempt to contact the owner as s
25		oon as possible. The Administrator shall give notice of not l
26		ess than 7 business days to the owner prior to disposal of the a
27		nimal. Such notice shall be mailed to the last known address o
28		f the owner. Testimony of the Administrator, or his or her a
29		uthorized agent, who mails such notice shall be evidence of t
30		he receipt of such notice by the owner of the animal. I
31		n case the owner of any impounded dog or cat desires to m
32		ake redemption thereof, he or she may do so by doing on the f
33		ollowing conditions: a. presenting present proof of current rabies i

1		noculation, and registration, if applicable; , or b. paying pay for the rabies inoculation of the dog or c
3		at, and registration, if applicable; , and c. paying pay the pound for the board of the dog or cat f
5		or the period it was impounded; , d. paying pay into the Animal Control Fund an a
7		dditional impoundment fee as prescribed by the Board as a p
8		enalty for the first offense and for each subsequent o
9		ffense; and e. paying pay for microchipping and registration if not a
11		lready done. A
12		nimal control facilities that are open to the public 7 d
13		ays per week for animal reclamation are exempt from the b
14		usiness day requirement. The payments required for redemption under this Section s
16		hall be in addition to any other penalties invoked under this A
17		ct. (
18		Source: P.A. 93-548, eff. 8-19-03; revised 10-9-03.)

19		ection 435. The Humane Care for Animals Act is amended by c
20		hanging Section 4.01 as follows: (
21		510 ILCS 70/4.01) (from Ch. 8, par. 704.01) S
22		ec. 4.01. Animals in entertainment. This Section does not a
23		pply when the only animals involved are dogs. (Section 26-5 of t
24		he Criminal Code of 1961, rather than this Section, applies w
25		hen the only animals involved are dogs.) (
26		a) No person may own, capture, breed, train, or lease any a
27		nimal which he or she knows or should know is intended for use i
28		n any show, exhibition, program, or other activity featuring o
29		r otherwise involving a fight between such animal and any o
30		ther animal or human, or the intentional killing of any animal f
31		or the purpose of sport, wagering, or entertainment. (
32		b) No person shall promote, conduct, carry on, advertise, c
33		ollect money for or in any other manner assist or aid in the p
34		resentation for purposes of sport, wagering, or e

1		ntertainment, any show, exhibition, program, or other a
2		ctivity involving a fight between 2 or more animals or any a
3		nimal and human, or the intentional killing of any animal. (
4		c) No person shall sell or offer for sale, ship, t
5		ransport, or otherwise move, or deliver or receive any animal w
6		hich he or she knows or should know has been captured, bred, o
7		r trained, or will be used, to fight another animal or human o
8		r be intentionally killed, for the purpose of sport, wagering, o
9		r entertainment. (
10		d) No person shall manufacture for sale, shipment, t
11		ransportation or delivery any device or equipment which that p
12		erson knows or should know is intended for use in any show, e
13		xhibition, program, or other activity featuring or otherwise i
14		nvolving a fight between 2 or more animals, or any human and a
15		nimal, or the intentional killing of any animal for purposes o
16		f sport, wagering or entertainment. (
17		e) No person shall own, possess, sell or offer for sale, s
18		hip, transport, or otherwise move any equipment or device w
19		hich such person knows or should know is intended for use in c
20		onnection with any show, exhibition, program, or activity f
21		eaturing or otherwise involving a fight between 2 or more a
22		nimals, or any animal and human, or the intentional killing of a
23		ny animal for purposes of sport, wagering or entertainment. (
24		f) No person shall make available any site, structure, or f
25		acility, whether enclosed or not, which he or she knows or s
26		hould know is intended to be used for the purpose of c
27		onducting any show, exhibition, program, or other activity i
28		nvolving a fight between 2 or more animals, or any animal and h
29		uman, or the intentional killing of any animal. (
30		g) No person shall attend or otherwise patronize any show, e
31		xhibition, program, or other activity featuring or otherwise i
32		nvolving a fight between 2 or more animals, or any animal and h
33		uman, or the intentional killing of any animal for the p
34		urposes of sport, wagering or entertainment. (
35		h) (Blank). (
36		i) Any animals or equipment involved in a violation of t

1		his Section shall be immediately seized and impounded under S
2		ection 12 by the Department when located at any show, e
3		xhibition, program, or other activity featuring or otherwise i
4		nvolving an animal fight for the purposes of sport, wagering, o
5		r entertainment. (
6		j) Any vehicle or conveyance other than a common carrier t
7		hat is used in violation of this Section shall be seized, h
8		eld, and offered for sale at public auction by the sheriff's d
9		epartment of the proper jurisdiction, and the proceeds from t
10		he sale shall be remitted to the general fund of the county w
11		here the violation took place. (
12		k) Any veterinarian in this State who is presented with an a
13		nimal for treatment of injuries or wounds resulting from f
14		ighting where there is a reasonable possibility that the a
15		nimal was engaged in or utilized for a fighting event for the p
16		urposes of sport, wagering, or entertainment shall file a r
17		eport with the Department and cooperate by furnishing the o
18		wners' names, dates, and descriptions of the animal or animals i
19		nvolved. Any veterinarian who in good faith complies with the r
20		equirements of this subsection has immunity from any l
21		iability, civil, criminal, or otherwise, that may result from h
22		is or her actions. For the purposes of any proceedings, civil o
23		r criminal, the good faith of the veterinarian shall be r
24		ebuttably presumed. (
25		l) No person shall solicit a minor to violate this S
26		ection. (
27		m) The penalties for violations of this Section shall be a
28		s follows: (1) A person convicted of violating subsection (a), (
30		b), or (c) of this Section or any rule, regulation, or o
31		rder of the Department pursuant thereto is guilty of a C
32		lass A misdemeanor for the first offense. A second or s
33		ubsequent offense involving the violation of subsection (
34		a), (b), or (c) of this Section or any rule, regulation, o
35		r order of the Department pursuant thereto is a Class 4 f
36		elony. (2) A person convicted of violating subsection (d), (
2		e), or (f) of this Section or any rule, regulation, or o
3		rder of the Department pursuant thereto is guilty of a C
4		lass A misdemeanor for the first offense. A second or s
5		ubsequent violation is a Class 4 felony. (3) A person convicted of violating subsection (g) of t
7		his Section or any rule, regulation, or order of the D
8		epartment pursuant thereto is guilty of a Class C m
9		isdemeanor. (4) A person convicted of violating subsection (l) of t
11		his Section is guilty of a Class A misdemeanor. (
12		Source: P.A. 92-425, eff. 1-1-02; 92-454, eff. 1-1-02; 92-650, e
13		ff. 7-11-02; 92-651, eff. 7-11-02; revised 11-21-02.)

14		ection 440. The Wildlife Code is amended by changing S
15		ection 2.25 as follows: (
16		520 ILCS 5/2.25) (from Ch. 61, par. 2.25) S
17		ec. 2.25. It shall be unlawful for any person to take deer e
18		xcept (i) with a shotgun, handgun, or muzzleloading rifle or (
19		ii) as provided by administrative rule, with a bow and arrow, o
20		r crossbow device for handicapped persons as defined in S
21		ection 2.33, during the open season of not more than 14 days w
22		hich will be set annually by the Director between the dates of N
23		ovember 1st and December 31st, both inclusive. For the p
24		urposes of this Section, legal handguns include any centerfire h
25		andguns of .30 caliber or larger with a minimum barrel length o
26		f 4 inches. The only legal ammunition for a centerfire handgun i
27		s a cartridge of .30 caliber or larger with a capability of at l
28		east 500 foot pounds of energy at the muzzle. Full metal j
29		acket bullets may not be used to harvest deer. T
30		he Department shall make administrative rules concerning m
31		anagement restrictions applicable to the firearm and bow and a
32		rrow season. I
33		t shall be unlawful for any person to take deer except w
34		ith a bow and arrow, or crossbow device for handicapped p

1		ersons (as defined in Section 2.33), during the open season f
2		or bow and arrow set annually by the Director between the d
3		ates of September 1st and January 31st, both inclusive. I
4		t shall be unlawful for any person to take deer except w
5		ith (i) a muzzleloading rifle, or (ii) bow and arrow, or c
6		rossbow device for handicapped persons as defined in Section 2
7		.33, during the open season for muzzleloading rifles set a
8		nnually by the Director. T
9		he Director shall cause an administrative rule setting f
10		orth the prescribed rules and regulations, including bag and p
11		ossession limits and those counties of the State where open s
12		easons are established, to be published in accordance with S
13		ections 1.3 and 1.13 of this Act. T
14		he Department may establish separate harvest periods for t
15		he purpose of managing or eradicating disease that has been f
16		ound in the deer herd. This season shall be restricted to gun o
17		r bow and arrow hunting only. The Department shall publicly a
18		nnounce, via statewide news release, the season dates and s
19		hooting hours, the counties and sites open to hunting, permit r
20		equirements, application dates, hunting rules, legal weapons, a
21		nd reporting requirements. T
22		he Department is authorized to establish a separate h
23		arvest period at specific sites within the State for the p
24		urpose of harvesting surplus deer that cannot be taken during t
25		he regular season provided for the taking of deer. This season s
26		hall be restricted to gun or bow and arrow hunting only and s
27		hall be established during the period of September 1st to F
28		ebruary 15th, both inclusive. The Department shall publish s
29		uitable prescribed rules and regulations established by a
30		dministrative rule pertaining to management restrictions a
31		pplicable to this special harvest program. (
32		Source: P.A. 93-37, eff. 6-25-03; 93-554, eff. 8-20-03; r
33		evised 9-15-03.)

34		ection 445. The Illinois Open Land Trust Act is amended by c
35		hanging Section 10 as follows: (

1		525 ILCS 33/10) S
2		ec. 10. Definitions. As used in this Act: "
3		Conservation and recreation purposes" means activities t
4		hat are consistent with the protection and preservation of o
5		pen lands, natural areas, wetlands, prairies, forests, w
6		atersheds, resource-rich areas, greenways, and fish and w
7		ildlife habitats, including multiple use such as hunting, f
8		ishing, trapping, and other recreational uses. "
9		Conservation easement" means a nonpossessory interest in r
10		eal property imposing limitations or affirmative obligations t
11		he purposes of which include retaining or protecting natural, s
12		cenic, or open-space values of real property, assuring its a
13		vailability for forest, recreational, or open-space use, p
14		rotecting natural resources, maintaining or enhancing air or w
15		ater quality, or preserving the natural, historical, a
16		rchitectural, archaeological archacological, or cultural a
17		spects of real property. A conservation easement may be r
18		eleased at any time by mutual consent of the parties. "
19		Department" means the Department of Natural Resources. "
20		Natural area" means an area of land that either retains or h
21		as recovered to a substantial degree its original natural or p
22		rimeval character, though it need not be completely u
23		ndisturbed, or has floral, faunal, ecological, geological, or a
24		rchaeological features of scientific, educational, scenic, or e
25		sthetic interest. "
26		Open space" means those undeveloped or minimally d
27		eveloped lands that conserve and protect valuable natural f
28		eatures or processes. "
29		Real property" means land, including improvements e
30		xisting on the land. "
31		Units of local government" means counties, townships, m
32		unicipalities, park districts, conservation districts, forest p
33		reserve districts, river conservancy districts, and any other u
34		nits of local government empowered to expend public funds for t
35		he acquisition and development of land for public outdoor p

1		ark, recreation, or conservation purposes. (
2		Source: P.A. 91-220, eff. 7-21-99; revised 10-9-03.)

3		ection 450. The Illinois Highway Code is amended by c
4		hanging Sections 5-701.2, 6-201.7, and 6-201.21 as follows: (
5		605 ILCS 5/5-701.2) (from Ch. 121, par. 5-701.2) S
6		ec. 5-701.2. Any county board, with the approval of the D
7		epartment, may also use motor fuel tax money allotted to it f
8		or construction of State highways within the county. (
9		Source: Laws 1959, p. 196; revised 1-21-04.) (
10		605 ILCS 5/6-201.7) (from Ch. 121, par. 6-201.7) S
11		ec. 6-201.7. Construct, maintain and repair and be r
12		esponsible for the construction, maintenance and repair of r
13		oads within the district, let contracts, employ labor and p
14		urchase material and machinery therefor, subject to the l
15		imitations provided in this Code. Contracts, labor, m
16		achinery, disposal, and incidental expenses related to s
17		pecial services under Section 6-201.21 of this Code constitute m
18		aintenance, for purposes of this Section. E
19		xcept for professional services, when the cost of c
20		onstruction, materials, supplies, new machinery or equipment e
21		xceeds $10,000, the contract for such construction, m
22		aterials, supplies, machinery or equipment shall be let to the l
23		owest responsible bidder after advertising for bids at least o
24		nce, and at least 10 days prior to the time set for the o
25		pening of such bids, in a newspaper published within the t
26		ownship or road district, or, if no newspaper is published w
27		ithin the township or road district then in one published w
28		ithin the county, or, if no newspaper is published within the c
29		ounty then in a newspaper having general circulation within t
30		he township or road district, but, in case of an emergency, s
31		uch contract may be let without advertising for bids. For p
32		urposes of this Section "new machinery or equipment" shall be d
33		efined as that which has been previously untitled or that w

1		hich shows fewer than 200 hours on its operating clock and t
2		hat is accompanied by a new equipment manufacturer's warranty. (
3		Source: P.A. 92-268, eff. 1-1-02; 93-109, eff. 7-8-03; 93-164, e
4		ff. 7-10-03; 93-610, eff. 11-18-03; revised 12-4-03.) (
5		605 ILCS 5/6-201.21) S
6		ec. 6-201.21. Special services; disaster relief. Subject t
7		o Section 30-117 of the Township Code, the highway c
8		ommissioner has authority to provide for orderly collection a
9		nd disposal of brush and leaves that have been properly placed f
10		or collection along the road district rights-of-way in a
11		ccordance with local guidelines in those townships or counties t
12		hat regulate by ordinance open burning of brush or leaves. F
13		urther, the highway commissioner has authority to provide n
14		ecessary relief services following the occurrence of an event t
15		hat has been declared a disaster by State or local officials. T
16		he highway commissioner has purchasing authority, subject to S
17		ection 6-201.6, and contractual authority as defined in of S
18		ection 6-201.7 of this Code. (
19		Source: P.A. 93-109, eff. 7-8-03; 93-610, eff. 11-18-03; r
20		evised 12-4-03.)

21		ection 455. The Illinois Vehicle Code is amended by c
22		hanging Sections 2-123, 3-412, 3-413, 3-621, 3-622, 3-625, 3
23		-803, 3-815.1, 6-411, 6-500, 6-508, 11-501, 11-605, 11-1201, 1
24		1-1414, 15-111, and 18b-105 and setting forth and renumbering m
25		ultiple versions of Sections 3-648, 3-653, and 3-654 as f
26		ollows: (
27		625 ILCS 5/2-123) (from Ch. 95 1/2, par. 2-123) S
28		ec. 2-123. Sale and Distribution of Information. (
29		a) Except as otherwise provided in this Section, the S
30		ecretary may make the driver's license, vehicle and title r
31		egistration lists, in part or in whole, and any statistical i
32		nformation derived from these lists available to local g
33		overnments, elected state officials, state educational i

1		nstitutions, and all other governmental units of the State and F
2		ederal Government requesting them for governmental purposes. T
3		he Secretary shall require any such applicant for services to p
4		ay for the costs of furnishing such services and the use of t
5		he equipment involved, and in addition is empowered to e
6		stablish prices and charges for the services so furnished and f
7		or the use of the electronic equipment utilized. (
8		b) The Secretary is further empowered to and he may, in h
9		is discretion, furnish to any applicant, other than listed in s
10		ubsection (a) of this Section, vehicle or driver data on a c
11		omputer tape, disk, other electronic format or computer p
12		rocessable medium, or printout at a fixed fee of $250 for o
13		rders received before October 1, 2003 and $500 for orders r
14		eceived on or after October 1, 2003, in advance, and require i
15		n addition a further sufficient deposit based upon the S
16		ecretary of State's estimate of the total cost of the i
17		nformation requested and a charge of $25 for orders received b
18		efore October 1, 2003 and $50 for orders received on or after O
19		ctober 1, 2003, per 1,000 units or part thereof identified or t
20		he actual cost, whichever is greater. The Secretary is a
21		uthorized to refund any difference between the additional d
22		eposit and the actual cost of the request. This service shall n
23		ot be in lieu of an abstract of a driver's record nor of a t
24		itle or registration search. This service may be limited to e
25		ntities purchasing a minimum number of records as required by a
26		dministrative rule. The information sold pursuant to this s
27		ubsection shall be the entire vehicle or driver data list, or p
28		art thereof. The information sold pursuant to this subsection s
29		hall not contain personally identifying information unless t
30		he information is to be used for one of the purposes i
31		dentified in subsection (f-5) of this Section. Commercial p
32		urchasers of driver and vehicle record databases shall enter i
33		nto a written agreement with the Secretary of State that i
34		ncludes disclosure of the commercial use of the information to b
35		e purchased. (
36		c) Secretary of State may issue registration lists. The S

1		ecretary of State shall compile and publish, at least a
2		nnually, a list of all registered vehicles. Each list of r
3		egistered vehicles shall be arranged serially according to the r
4		egistration numbers assigned to registered vehicles and shall c
5		ontain in addition the names and addresses of registered o
6		wners and a brief description of each vehicle including the s
7		erial or other identifying number thereof. Such compilation m
8		ay be in such form as in the discretion of the Secretary of S
9		tate may seem best for the purposes intended. (
10		d) The Secretary of State shall furnish no more than 2 c
11		urrent available lists of such registrations to the sheriffs o
12		f all counties and to the chiefs of police of all cities and v
13		illages and towns of 2,000 population and over in this State a
14		t no cost. Additional copies may be purchased by the sheriffs o
15		r chiefs of police at the fee of $500 each or at the cost of p
16		roducing the list as determined by the Secretary of State. S
17		uch lists are to be used for governmental purposes only. (
18		e) (Blank). (
19		e-1) (Blank). (
20		f) The Secretary of State shall make a title or r
21		egistration search of the records of his office and a written r
22		eport on the same for any person, upon written application of s
23		uch person, accompanied by a fee of $5 for each registration o
24		r title search. The written application shall set forth the i
25		ntended use of the requested information. No fee shall be c
26		harged for a title or registration search, or for the c
27		ertification thereof requested by a government agency. The r
28		eport of the title or registration search shall not contain p
29		ersonally identifying information unless the request for a s
30		earch was made for one of the purposes identified in s
31		ubsection (f-5) of this Section. T
32		he Secretary of State shall certify a title or r
33		egistration record upon written request. The fee for c
34		ertification shall be $5 in addition to the fee required for a t
35		itle or registration search. Certification shall be made under t
36		he signature of the Secretary of State and shall be a

1		uthenticated by Seal of the Secretary of State. T
2		he Secretary of State may notify the vehicle owner or r
3		egistrant of the request for purchase of his title or r
4		egistration information as the Secretary deems appropriate. N
5		o information shall be released to the requestor until e
6		xpiration of a 10 day period. This 10 day period shall not a
7		pply to requests for information made by law enforcement o
8		fficials, government agencies, financial institutions, a
9		ttorneys, insurers, employers, automobile associated b
10		usinesses, persons licensed as a private detective or firms l
11		icensed as a private detective agency under the Private D
12		etective, Private Alarm, Private Security, and Locksmith Act o
13		f 2004, who are employed by or are acting on behalf of law e
14		nforcement officials, government agencies, financial i
15		nstitutions, attorneys, insurers, employers, automobile a
16		ssociated businesses, and other business entities for p
17		urposes consistent with the Illinois Vehicle Code, the vehicle o
18		wner or registrant or other entities as the Secretary may e
19		xempt by rule and regulation. A
20		ny misrepresentation made by a requestor of title or v
21		ehicle information shall be punishable as a petty offense, e
22		xcept in the case of persons licensed as a private detective o
23		r firms licensed as a private detective agency which shall be s
24		ubject to disciplinary sanctions under Section 40-10 of the P
25		rivate Detective, Private Alarm, Private Security, and L
26		ocksmith Act of 2004. (
27		f-5) The Secretary of State shall not disclose or o
28		therwise make available to any person or entity any personally i
29		dentifying information obtained by the Secretary of State in c
30		onnection with a driver's license, vehicle, or title r
31		egistration record unless the information is disclosed for one o
32		f the following purposes: (1) For use by any government agency, including any c
34		ourt or law enforcement agency, in carrying out its f
35		unctions, or any private person or entity acting on behalf o
36		f a federal, State, or local agency in carrying out its f

1		unctions. (2) For use in connection with matters of motor vehicle o
3		r driver safety and theft; motor vehicle emissions; motor v
4		ehicle product alterations, recalls, or advisories; p
5		erformance monitoring of motor vehicles, motor vehicle p
6		arts, and dealers; and removal of non-owner records from t
7		he original owner records of motor vehicle manufacturers. (3) For use in the normal course of business by a l
9		egitimate business or its agents, employees, or c
10		ontractors, but only: (A) to verify the accuracy of personal information s
12		ubmitted by an individual to the business or its a
13		gents, employees, or contractors; and (B) if such information as so submitted is not c
15		orrect or is no longer correct, to obtain the correct i
16		nformation, but only for the purposes of preventing f
17		raud by, pursuing legal remedies against, or r
18		ecovering on a debt or security interest against, the i
19		ndividual. (4) For use in research activities and for use in p
21		roducing statistical reports, if the personally i
22		dentifying information is not published, redisclosed, or u
23		sed to contact individuals. (5) For use in connection with any civil, criminal, a
25		dministrative, or arbitral proceeding in any federal, S
26		tate, or local court or agency or before any s
27		elf-regulatory body, including the service of process, i
28		nvestigation in anticipation of litigation, and the e
29		xecution or enforcement of judgments and orders, or p
30		ursuant to an order of a federal, State, or local court. (6) For use by any insurer or insurance support o
32		rganization or by a self-insured entity or its agents, e
33		mployees, or contractors in connection with claims i
34		nvestigation activities, antifraud activities, rating, or u
35		nderwriting. (7) For use in providing notice to the owners of towed o

1		r impounded vehicles. (8) For use by any private investigative agency or s
3		ecurity service licensed in Illinois for any purpose p
4		ermitted under this subsection. (9) For use by an employer or its agent or insurer to o
6		btain or verify information relating to a holder of a c
7		ommercial driver's license that is required under chapter 3
8		13 of title 49 of the United States Code. (10) For use in connection with the operation of p
10		rivate toll transportation facilities. (11) For use by any requester, if the requester d
12		emonstrates it has obtained the written consent of the i
13		ndividual to whom the information pertains. (12) For use by members of the news media, as defined i
15		n Section 1-148.5, for the purpose of newsgathering when t
16		he request relates to the operation of a motor vehicle or p
17		ublic safety. (13) For any other use specifically authorized by law, i
19		f that use is related to the operation of a motor vehicle o
20		r public safety. (
21		g) 1. The Secretary of State may, upon receipt of a w
22		ritten request and a fee of $6 before October 1, 2003 and a
23		fee of $12 on and after October 1, 2003, furnish to the p
24		erson or agency so requesting a driver's record. Such d
25		ocument may include a record of: current driver's license i
26		ssuance information, except that the information on j
27		udicial driving permits shall be available only as o
28		therwise provided by this Code; convictions; orders e
29		ntered revoking, suspending or cancelling a driver's l
30		icense or privilege; and notations of accident i
31		nvolvement. All other information, unless otherwise p
32		ermitted by this Code, shall remain confidential. I
33		nformation released pursuant to a request for a driver's r
34		ecord shall not contain personally identifying i
35		nformation, unless the request for the driver's record was m
36		ade for one of the purposes set forth in subsection (f-5) o

1		f this Section. 2. The Secretary of State may certify an abstract of a d
3		river's record upon written request therefor. Such c
4		ertification shall be made under the signature of the S
5		ecretary of State and shall be authenticated by the Seal o
6		f his office. 3. All requests for driving record information shall be m
8		ade in a manner prescribed by the Secretary and shall set f
9		orth the intended use of the requested information. The Secretary of State may notify the affected driver o
11		f the request for purchase of his driver's record as the S
12		ecretary deems appropriate. No information shall be released to the requester until e
14		xpiration of a 10 day period. This 10 day period shall not a
15		pply to requests for information made by law enforcement o
16		fficials, government agencies, financial institutions, a
17		ttorneys, insurers, employers, automobile associated b
18		usinesses, persons licensed as a private detective or f
19		irms licensed as a private detective agency under the P
20		rivate Detective, Private Alarm, Private Security, and L
21		ocksmith Act of 2004, who are employed by or are acting on b
22		ehalf of law enforcement officials, government agencies, f
23		inancial institutions, attorneys, insurers, employers, a
24		utomobile associated businesses, and other business e
25		ntities for purposes consistent with the Illinois Vehicle C
26		ode, the affected driver or other entities as the S
27		ecretary may exempt by rule and regulation. Any misrepresentation made by a requestor of driver i
29		nformation shall be punishable as a petty offense, except i
30		n the case of persons licensed as a private detective or f
31		irms licensed as a private detective agency which shall be s
32		ubject to disciplinary sanctions under Section 40-10 of t
33		he Private Detective, Private Alarm, Private Security, a
34		nd Locksmith Act of 2004. 4. The Secretary of State may furnish without fee, upon t
36		he written request of a law enforcement agency, any i

1		nformation from a driver's record on file with the S
2		ecretary of State when such information is required in the e
3		nforcement of this Code or any other law relating to the o
4		peration of motor vehicles, including records of d
5		ispositions; documented information involving the use of a
6		motor vehicle; whether such individual has, or previously h
7		ad, a driver's license; and the address and personal d
8		escription as reflected on said driver's record. 5. Except as otherwise provided in this Section, the S
10		ecretary of State may furnish, without fee, information f
11		rom an individual driver's record on file, if a written r
12		equest therefor is submitted by any public transit system o
13		r authority, public defender, law enforcement agency, a s
14		tate or federal agency, or an Illinois local i
15		ntergovernmental association, if the request is for the p
16		urpose of a background check of applicants for employment w
17		ith the requesting agency, or for the purpose of an o
18		fficial investigation conducted by the agency, or to d
19		etermine a current address for the driver so public funds c
20		an be recovered or paid to the driver, or for any other p
21		urpose set forth in subsection (f-5) of this Section. The Secretary may also furnish the courts a copy of an a
23		bstract of a driver's record, without fee, subsequent to a
24		n arrest for a violation of Section 11-501 or a similar p
25		rovision of a local ordinance. Such abstract may include r
26		ecords of dispositions; documented information involving t
27		he use of a motor vehicle as contained in the current f
28		ile; whether such individual has, or previously had, a d
29		river's license; and the address and personal description a
30		s reflected on said driver's record. 6. Any certified abstract issued by the Secretary of S
32		tate or transmitted electronically by the Secretary of S
33		tate pursuant to this Section, to a court or on request of a
34		law enforcement agency, for the record of a named person a
35		s to the status of the person's driver's license shall be p
36		rima facie evidence of the facts therein stated and if the n

1		ame appearing in such abstract is the same as that of a p
2		erson named in an information or warrant, such abstract s
3		hall be prima facie evidence that the person named in such i
4		nformation or warrant is the same person as the person n
5		amed in such abstract and shall be admissible for any p
6		rosecution under this Code and be admitted as proof of any p
7		rior conviction or proof of records, notices, or orders r
8		ecorded on individual driving records maintained by the S
9		ecretary of State. 7. Subject to any restrictions contained in the J
11		uvenile Court Act of 1987, and upon receipt of a proper r
12		equest and a fee of $6 before October 1, 2003 and a fee of $
13		12 on or after October 1, 2003, the Secretary of State s
14		hall provide a driver's record to the affected driver, or t
15		he affected driver's attorney, upon verification. Such r
16		ecord shall contain all the information referred to in p
17		aragraph 1 of this subsection (g) plus: any recorded a
18		ccident involvement as a driver; information recorded p
19		ursuant to subsection (e) of Section 6-117 and paragraph (
20		4) of subsection (a) of Section 6-204 of this Code. All o
21		ther information, unless otherwise permitted by this C
22		ode, shall remain confidential. (
23		h) The Secretary shall not disclose social security n
24		umbers except pursuant to a written request by, or with the p
25		rior written consent of, the individual except: (1) to o
26		fficers and employees of the Secretary who have a need to know t
27		he social security numbers in performance of their official d
28		uties, (2) to law enforcement officials for a lawful, civil or c
29		riminal law enforcement investigation, and if the head of the l
30		aw enforcement agency has made a written request to the S
31		ecretary specifying the law enforcement investigation for w
32		hich the social security numbers are being sought, (3) to the U
33		nited States Department of Transportation, or any other State, p
34		ursuant to the administration and enforcement of the C
35		ommercial Motor Vehicle Safety Act of 1986, (4) pursuant to t
36		he order of a court of competent jurisdiction, or (5) to the D

1		epartment of Public Aid for utilization in the child support e
2		nforcement duties assigned to that Department under p
3		rovisions of the Public Aid Code after the individual has r
4		eceived advanced meaningful notification of what redisclosure i
5		s sought by the Secretary in accordance with the federal P
6		rivacy Act. (
7		i) (Blank). (
8		j) Medical statements or medical reports received in the S
9		ecretary of State's Office shall be confidential. No c
10		onfidential information may be open to public inspection or t
11		he contents disclosed to anyone, except officers and employees o
12		f the Secretary who have a need to know the information c
13		ontained in the medical reports and the Driver License Medical A
14		dvisory Board, unless so directed by an order of a court of c
15		ompetent jurisdiction. (
16		k) All fees collected under this Section shall be paid i
17		nto the Road Fund of the State Treasury, except that (i) for f
18		ees collected before October 1, 2003, $3 of the $6 fee for a d
19		river's record shall be paid into the Secretary of State S
20		pecial Services Fund, (ii) for fees collected on and after O
21		ctober 1, 2003, of the $12 fee for a driver's record, $3 shall b
22		e paid into the Secretary of State Special Services Fund and $
23		6 shall be paid into the General Revenue Fund, and (iii) for f
24		ees collected on and after October 1, 2003, 50% of the amounts c
25		ollected pursuant to subsection (b) shall be paid into the G
26		eneral Revenue Fund. (
27		l) (Blank). (
28		m) Notations of accident involvement that may be disclosed u
29		nder this Section shall not include notations relating to d
30		amage to a vehicle or other property being transported by a t
31		ow truck. This information shall remain confidential, p
32		rovided that nothing in this subsection (m) shall limit d
33		isclosure of any notification of accident involvement to any l
34		aw enforcement agency or official. (
35		n) Requests made by the news media for driver's license, v
36		ehicle, or title registration information may be furnished w

1		ithout charge or at a reduced charge, as determined by the S
2		ecretary, when the specific purpose for requesting the d
3		ocuments is deemed to be in the public interest. Waiver or r
4		eduction of the fee is in the public interest if the principal p
5		urpose of the request is to access and disseminate information r
6		egarding the health, safety, and welfare or the legal rights o
7		f the general public and is not for the principal purpose of g
8		aining a personal or commercial benefit. The information p
9		rovided pursuant to this subsection shall not contain p
10		ersonally identifying information unless the information is t
11		o be used for one of the purposes identified in subsection (
12		f-5) of this Section. (
13		o) The redisclosure of personally identifying information o
14		btained pursuant to this Section is prohibited, except to the e
15		xtent necessary to effectuate the purpose for which the o
16		riginal disclosure of the information was permitted. (
17		p) The Secretary of State is empowered to adopt rules to e
18		ffectuate this Section. (
19		Source: P.A. 92-32, eff. 7-1-01; 92-651, eff. 7-11-02; 93-32, e
20		ff. 7-1-03; 93-438, eff. 8-5-03; revised 9-23-03.) (
21		625 ILCS 5/3-412) (from Ch. 95 1/2, par. 3-412) S
22		ec. 3-412. Registration plates and registration stickers t
23		o be furnished by the Secretary of State. (
24		a) The Secretary of State upon registering a vehicle s
25		ubject to annual registration for the first time shall issue o
26		r shall cause to be issued to the owner one registration plate f
27		or a motorcycle, trailer, semitrailer, motorized pedalcycle o
28		r truck-tractor, 2 registration plates for other motor v
29		ehicles and, where applicable, current registration stickers f
30		or motor vehicles of the first division. The provisions of t
31		his Section may be made applicable to such vehicles of the s
32		econd division, as the Secretary of State may, from time to t
33		ime, in his discretion designate. On subsequent annual r
34		egistrations during the term of the registration plate as p
35		rovided in Section 3-414.1, the Secretary shall issue or cause t

1		o be issued registration stickers as evidence of current r
2		egistration. However, the issuance of annual registration s
3		tickers to vehicles registered under the provisions of S
4		ections 3-402.1 and 3-405.3 of this Code may not be required i
5		f the Secretary deems the issuance unnecessary. (
6		b) Every registration plate shall have displayed upon it t
7		he registration number assigned to the vehicle for which it is i
8		ssued, the name of this State, which may be abbreviated, the y
9		ear number for which it was issued, which may be abbreviated, t
10		he phrase "Land of Lincoln" (except as otherwise provided in t
11		his Code Chapter 3), and such other letters or numbers as the S
12		ecretary may prescribe. However, for apportionment plates i
13		ssued to vehicles registered under Section 3-402.1 and fleet p
14		lates issued to vehicles registered under Section 3-405.3, the p
15		hrase "Land of Lincoln" may be omitted to allow for the word "
16		apportioned", the word "fleet", or other similar language to b
17		e displayed. Registration plates issued to a vehicle r
18		egistered as a fleet vehicle may display a designation d
19		etermined by the Secretary. T
20		he Secretary may in his discretion prescribe that letters b
21		e used as prefixes only on registration plates issued to v
22		ehicles of the first division which are registered under this C
23		ode and only as suffixes on registration plates issued to o
24		ther vehicles. Every registration sticker issued as evidence o
25		f current registration shall designate the year number for w
26		hich it is issued and such other letters or numbers as the S
27		ecretary may prescribe and shall be of a contrasting color w
28		ith the registration plates and registration stickers of the p
29		revious year. (
30		c) Each registration plate and the required letters and n
31		umerals thereon, except the year number for which issued, s
32		hall be of sufficient size to be plainly readable from a d
33		istance of 100 feet during daylight, and shall be coated with r
34		eflectorizing material. The dimensions of the plate issued to v
35		ehicles of the first division shall be 6 by 12 inches. (
36		d) The Secretary of State shall issue for every passenger m

1		otor vehicle rented without a driver the same type of r
2		egistration plates as the type of plates issued for a private p
3		assenger vehicle. (
4		e) The Secretary of State shall issue for every passenger c
5		ar used as a taxicab or livery, distinctive registration p
6		lates. (
7		f) The Secretary of State shall issue for every motorcycle d
8		istinctive registration plates distinguishing between m
9		otorcycles having 150 or more cubic centimeters piston d
10		isplacement, or having less than 150 cubic centimeter piston d
11		isplacement. (
12		g) Registration plates issued to vehicles for-hire may d
13		isplay a designation as determined by the Secretary that such v
14		ehicles are for-hire. (
15		h) The Secretary of State shall issue for each electric v
16		ehicle distinctive registration plates which shall d
17		istinguish between electric vehicles having a maximum o
18		perating speed of 45 miles per hour or more and those having a m
19		aximum operating speed of less than 45 miles per hour. (
20		i) The Secretary of State shall issue for every public and p
21		rivate ambulance registration plates identifying the vehicle a
22		s an ambulance. The Secretary shall forward to the Department o
23		f Public Aid registration information for the purpose of v
24		erification of claims filed with the Department by ambulance o
25		wners for payment for services to public assistance r
26		ecipients. (
27		j) The Secretary of State shall issue for every public and p
28		rivate medical carrier or rescue vehicle livery registration p
29		lates displaying numbers within ranges of numbers reserved r
30		espectively for medical carriers and rescue vehicles. The S
31		ecretary shall forward to the Department of Public Aid r
32		egistration information for the purpose of verification of c
33		laims filed with the Department by owners of medical carriers o
34		r rescue vehicles for payment for services to public a
35		ssistance recipients. (
36		Source: P.A. 92-629, eff. 7-1-03; 92-651, eff. 7-11-02; r

1		evised 9-27-03.) (
2		625 ILCS 5/3-413) (from Ch. 95 1/2, par. 3-413) S
3		ec. 3-413. Display of registration plates, registration s
4		tickers and drive-away permits. (
5		a) Registration plates issued for a motor vehicle other t
6		han a motorcycle, trailer, semitrailer, truck-tractor, a
7		pportioned bus, or apportioned truck shall be attached t
8		hereto, one in the front and one in the rear. The registration p
9		late issued for a motorcycle, trailer or semitrailer required t
10		o be registered hereunder and any apportionment plate issued t
11		o a bus under the provisions of this Code shall be attached to t
12		he rear thereof. The registration plate issued for a t
13		ruck-tractor or an apportioned truck required to be registered h
14		ereunder shall be attached to the front thereof. (
15		b) Every registration plate shall at all times be securely f
16		astened in a horizontal position to the vehicle for which it i
17		s issued so as to prevent the plate from swinging and at a h
18		eight of not less than 5 inches from the ground, measuring f
19		rom the bottom of such plate, in a place and position to be c
20		learly visible and shall be maintained in a condition to be c
21		learly legible, free from any materials that would obstruct t
22		he visibility of the plate, including, but not limited to, g
23		lass covers and tinted plastic covers. Clear plastic covers a
24		re permissible as long as they remain clear and do not o
25		bstruct the visibility of the plates. Registration stickers i
26		ssued as evidence of renewed annual registration shall be a
27		ttached to registration plates as required by the Secretary of S
28		tate, and be clearly visible at all times. (
29		c) Every drive-away permit issued pursuant to this Code s
30		hall be firmly attached to the motor vehicle in the manner p
31		rescribed by the Secretary of State. If a drive-away permit is a
32		ffixed to a motor vehicle in any other manner the permit shall b
33		e void and of no effect. (
34		d) The Illinois prorate decal issued to a foreign r
35		egistered vehicle part of a fleet prorated or apportioned with I

1		llinois, shall be displayed on a registration plate and d
2		isplayed on the front of such vehicle in the same manner as an I
3		llinois registration plate. (
4		e) The registration plate issued for a camper body mounted o
5		n a truck displaying registration plates shall be attached to t
6		he rear of the camper body. (
7		f) No person shall operate a vehicle, nor permit the o
8		peration of a vehicle, upon which is displayed an Illinois r
9		egistration plate, plates or registration stickers after the t
10		ermination of the registration period for which issued or a
11		fter the expiration date set pursuant to Sections 3-414 and 3
12		-414.1 of this Code. (
13		Source: P.A. 92-668, eff. 1-1-03; 92-680, eff. 7-16-02; r
14		evised 10-2-02.) (
15		625 ILCS 5/3-621) (from Ch. 95 1/2, par. 3-621) S
16		ec. 3-621. The Secretary, upon receipt of an application, m
17		ade in the form prescribed by the Secretary of State, may i
18		ssue to members of the Illinois National Guard, and to I
19		llinois residents who are either former members of the I
20		llinois National Guard or the surviving spouses of Illinois N
21		ational Guard members, special registration plates. The s
22		pecial plates issued pursuant to this Section shall be affixed o
23		nly to passenger vehicles of the first division, motorcycles, o
24		r motor vehicles of the second division weighing not more than 8
25		,000 pounds subject to the staggered registration system. T
26		he design and color of such plates shall be wholly within t
27		he discretion of the Secretary of State. (
28		Source: P.A. 92-545, eff. 6-12-02; 92-699, 1-1-03; revised 8
29		-23-02.) (
30		625 ILCS 5/3-622) (from Ch. 95 1/2, par. 3-622) S
31		ec. 3-622. The Secretary, upon receipt of an application m
32		ade in the form prescribed by the Secretary of State, may i
33		ssue to members of the United States Armed Forces Reserves who r
34		eside in Illinois, and to Illinois residents who are either f

1		ormer members of the United States Armed Forces Reserves or t
2		he surviving spouses of United States Armed Forces Reserve m
3		embers who resided in Illinois, special registration plates. T
4		he special plates issued pursuant to this Section shall be a
5		ffixed only to passenger vehicles of the first division, m
6		otorcycles, or motor vehicles of the second division weighing n
7		ot more than 8,000 pounds subject to the staggered r
8		egistration system. The design and color of such plates shall b
9		e wholly within the discretion of the Secretary of State. (
10		Source: P.A. 92-545, eff. 6-12-02; 92-699, eff. 1-1-03; r
11		evised 8-23-02.) (
12		625 ILCS 5/3-625) (from Ch. 95 1/2, par. 3-625) S
13		ec. 3-625. Pearl Harbor Plates. The Secretary, upon r
14		eceipt of an application made in the form prescribed by the S
15		ecretary of State, may issue special registration plates to a
16		ny Illinois resident who, while a member of the armed forces o
17		f the United States, participated in the battle of Pearl H
18		arbor on December 7, 1941, or to the widowed spouse of any I
19		llinois resident who, while a member of the armed forces of t
20		he United States, participated in the battle of Pearl Harbor o
21		n December 7, 1941, provided that the widowed spouse was m
22		arried to the battle of Pearl Harbor participant at the time o
23		f the participant's death and is a single person at the time o
24		f application. The special plates issued pursuant to this S
25		ection should be affixed only to passenger vehicles of the 1st d
26		ivision, motorcycles, or motor vehicles of the 2nd division w
27		eighing not more than 8,000 pounds. T
28		he design and color of such plates shall be wholly within t
29		he discretion of the Secretary of State. Appropriate d
30		ocumentation, as determined by the Secretary, and the a
31		ppropriate registration fee shall accompany the application. (
32		Source: P.A. 92-545, eff. 6-12-02; 92-699, eff. 1-1-03; r
33		evised 8-23-02.) (
34		625 ILCS 5/3-648) S

1		ec. 3-648. Education license plates. (
2		a) The Secretary, upon receipt of an application made in t
3		he form prescribed by the Secretary, may issue special r
4		egistration plates designated as Education license plates. T
5		he special plates issued under this Section shall be affixed o
6		nly to passenger vehicles of the first division and motor v
7		ehicles of the second division weighing not more than 8,000 p
8		ounds. Plates issued under this Section shall expire according t
9		o the multi-year procedure established by Section 3-414.1 of t
10		his Code. (
11		b) The design and color of the plates shall be determined b
12		y a contest that every elementary school pupil in the State of I
13		llinois is eligible to enter. The designs submitted for the c
14		ontest shall be judged on September 30, 2002, and the winning d
15		esign shall be selected by a committee composed of the S
16		ecretary, the Director of State Police, 2 members of the S
17		enate, one member chosen by the President of the Senate and o
18		ne member chosen by the Senate Minority Leader, and 2 members o
19		f the House of Representatives, one member chosen by the S
20		peaker of the House and one member chosen by the House M
21		inority Leader. The Secretary may allow the plates to be i
22		ssued as vanity or personalized plates under Section 3-405.1 o
23		f the Code. The Secretary shall prescribe stickers or decals a
24		s provided under Section 3-412 of this Code. (
25		c) An applicant for the special plate shall be charged a $
26		40 fee for original issuance, in addition to the appropriate r
27		egistration fee. Of this $40 additional original issuance fee, $
28		15 shall be deposited into the Secretary of State Special L
29		icense Plate Fund, to be used by the Secretary to help defray t
30		he administrative processing costs, and $25 shall be deposited i
31		nto the Illinois Future Teacher Corps Scholarship Fund. For e
32		ach registration renewal period, a $40 fee, in addition to the a
33		ppropriate registration fee, shall be charged. Of this $40 a
34		dditional renewal fee, $2 shall be deposited into the S
35		ecretary of State Special License Plate Fund and $38 shall be d
36		eposited into the Illinois Future Teacher Corps Scholarship F

1		und. Each fiscal year, once deposits from the additional o
2		riginal issuance and renewal fees into the Secretary of State S
3		pecial License Plate Fund have reached $500,000, all the a
4		mounts received for the additional fees for the balance of the f
5		iscal year shall be deposited into the Illinois Future Teacher C
6		orps Scholarship Fund. (
7		d) The Illinois Future Teacher Corps Scholarship Fund is c
8		reated as a special fund in the State treasury. Ninety-five p
9		ercent of the moneys in the Illinois Future Teacher Corps S
10		cholarship Fund shall be appropriated to the Illinois Student A
11		ssistance Commission for scholarships under Section 52 of the H
12		igher Education Student Assistance Act, and 5% of the moneys i
13		n the Illinois Future Teacher Corps Scholarship Fund shall be a
14		ppropriated to the State Board of Education for grants to the G
15		olden Apple Foundation for Excellence in Teaching, a r
16		ecognized charitable organization that meets the requirements o
17		f Title 26, Section 501(c)(3) of the United States Code. (
18		Source: P.A. 92-445, eff. 8-17-01; 92-651, eff. 7-11-02; 9
19		2-845, eff. 1-1-03; 93-21, eff. 7-1-03.) (
20		625 ILCS 5/3-653) S
21		ec. 3-653. Pet Friendly license plates. (
22		a) The Secretary, upon receipt of an application made in t
23		he form prescribed by the Secretary, may issue special r
24		egistration plates designated as Pet Friendly license plates. T
25		he special plates issued under this Section shall be affixed o
26		nly to passenger vehicles of the first division, motor v
27		ehicles of the second division weighing not more than 8,000 p
28		ounds, and recreational vehicles as defined in Section 1-169 o
29		f this Code. Plates issued under this Section shall expire a
30		ccording to the multi-year procedure established by Section 3
31		-414.1 of this Code. (
32		b) The design and color of the plates is wholly within the d
33		iscretion of the Secretary, except that the phrase "I am pet f
34		riendly" shall be on the plates. The Secretary may allow the p
35		lates to be issued as vanity plates or personalized plates u

1		nder Section 3-405.1 of the Code. The Secretary shall p
2		rescribe stickers or decals as provided under Section 3-412 of t
3		his Code. (
4		c) An applicant for the special plate shall be charged a $
5		40 fee for original issuance in addition to the appropriate r
6		egistration fee. Of this additional fee, $25 shall be d
7		eposited into the Pet Overpopulation Control Fund and $15 s
8		hall be deposited into the Secretary of State Special License P
9		late Fund, to be used by the Secretary to help defray the a
10		dministrative processing costs. F
11		or each registration renewal period, a $27 fee, in a
12		ddition to the appropriate registration fee, shall be charged. O
13		f this additional fee, $25 shall be deposited into the Pet O
14		verpopulation Control Fund and $2 shall be deposited into the S
15		ecretary of State Special License Plate Fund. (
16		d) The Pet Overpopulation Control Fund is created as a s
17		pecial fund in the State treasury. All moneys in the Pet O
18		verpopulation Control Fund shall be paid, subject to a
19		ppropriation by the General Assembly and approval by the S
20		ecretary, as grants to humane societies exempt from federal i
21		ncome taxation under Section 501(c)(3) of the Internal Revenue C
22		ode to be used solely for the humane sterilization of dogs and c
23		ats in the State of Illinois. In approving grants under this s
24		ubsection (d), the Secretary shall consider recommendations f
25		or grants made by a volunteer board appointed by the Secretary t
26		hat shall consist of 5 Illinois residents who are officers or d
27		irectors of humane societies operating in different regions in I
28		llinois. (
29		Source: P.A. 92-520, eff. 6-1-02; 92-651, eff. 7-11-02.) (
30		625 ILCS 5/3-654) S
31		ec. 3-654. Illinois Public Broadcasting System Stations s
32		pecial license plates. (
33		a) The Secretary, upon receipt of all applicable fees and a
34		pplications made in the form prescribed by the Secretary, may i
35		ssue special registration plates designated as Illinois P

1		ublic Broadcasting System Stations special license plates. T
2		he special plates issued under this Section shall be affixed o
3		nly to passenger vehicles of the first division or motor v
4		ehicles of the second division weighing not more than 8,000 p
5		ounds. Plates issued under this Section shall expire according t
6		o the multi-year procedure established by Section 3-414.1 of t
7		his Code. (
8		b) The design and color of the special plates shall be w
9		holly within the discretion of the Secretary. The Secretary m
10		ay, in his or her discretion, allow the plates to be issued as v
11		anity or personalized plates in accordance with Section 3
12		-405.1 of this Code. The plates are not required to designate "
13		Land of Lincoln", as prescribed in subsection (b) of Section 3
14		-412 of this Code. The Secretary, in his or her discretion, s
15		hall approve and prescribe stickers or decals as provided u
16		nder Section 3-412. (
17		c) An applicant for the special plate shall be charged a $
18		40 fee for original issuance in addition to the appropriate r
19		egistration fee. Of this fee, $25 shall be deposited into the P
20		ublic Broadcasting Fund and $15 shall be deposited into the S
21		ecretary of State Special License Plate Fund, to be used by t
22		he Secretary to help defray the administrative processing c
23		osts. F
24		or each registration renewal period, a $27 fee, in a
25		ddition to the appropriate registration fee, shall be charged. O
26		f this fee, $25 shall be deposited into the Public B
27		roadcasting Fund and $2 shall be deposited into the Secretary o
28		f State Special License Plate Fund. (
29		d) The Public Broadcasting Fund is created as a special f
30		und in the State treasury. Subject to appropriation by the G
31		eneral Assembly and approval by the Secretary, the Secretary s
32		hall pay all moneys in the Public Broadcasting Fund to the v
33		arious Public Broadcasting System stations in Illinois for o
34		perating costs. (
35		Source: P.A. 92-695, eff. 1-1-03.) (

1		625 ILCS 5/3-655) S
2		ec. 3-655 3-648. Hospice license plates. (
3		a) The Secretary, upon receipt of an application made in t
4		he form prescribed by the Secretary, may issue special r
5		egistration plates designated as Hospice license plates. The s
6		pecial plates issued under this Section shall be affixed only t
7		o passenger vehicles of the first division and motor vehicles o
8		f the second division weighing not more than 8,000 pounds. P
9		lates issued under this Section shall expire according to the m
10		ulti-year procedure established by Section 3-414.1 of this C
11		ode. (
12		b) The color of the plates is wholly within the discretion o
13		f the Secretary. The design of the plates shall include the w
14		ord "Hospice" above drawings of two lilies and a butterfly. T
15		he Secretary may allow the plates to be issued as vanity p
16		lates or personalized under Section 3-405.1 of the Code. The S
17		ecretary shall prescribe stickers or decals as provided under S
18		ection 3-412 of this Code. (
19		c) An applicant for the special plate shall be charged a $
20		25 fee for original issuance in addition to the appropriate r
21		egistration fee. Of this fee, $10 shall be deposited into the H
22		ospice Fund and $15 shall be deposited into the Secretary of S
23		tate Special License Plate Fund, to be used by the Secretary t
24		o help defray the administrative processing costs. F
25		or each registration renewal period, a $25 fee, in a
26		ddition to the appropriate registration fee, shall be charged. O
27		f this fee, $23 shall be deposited into the Hospice Fund and $
28		2 shall be deposited into the Secretary of State Special L
29		icense Plate Fund. (
30		d) The Hospice Fund is created as a special fund in the S
31		tate treasury. All money in the Hospice Fund shall be paid, s
32		ubject to appropriation by the General Assembly and approval b
33		y the Secretary, to the Department of Public Health for d
34		istribution as grants for hospice services as defined in the H
35		ospice Program Licensing Act. The Director of Public Health s
36		hall adopt rules for the distribution of these grants. (

1		Source: P.A. 92-693, eff. 1-1-03; revised 8-23-02.) (
2		625 ILCS 5/3-656) S
3		ec. 3-656 3-653. Lewis and Clark Bicentennial license p
4		lates. (
5		a) In addition to any other special license plate, the S
6		ecretary, upon receipt of all applicable fees and applications m
7		ade in the form prescribed by the Secretary of State, may i
8		ssue special registration plates designated as Lewis and Clark B
9		icentennial license plates to residents of Illinois. The s
10		pecial plate issued under this Section shall be affixed only t
11		o passenger vehicles of the first division, motor vehicles of t
12		he second division weighing not more than 8,000 pounds, and r
13		ecreational vehicles as defined by Section 1-169 of this Code. P
14		lates issued under this Section shall expire according to the s
15		taggered multi-year procedure established by Section 3-414.1 o
16		f this Code. (
17		b) The Secretary of State shall confer with the Governor's I
18		llinois Lewis and Clark Bicentennial Commission regarding the d
19		esign, color, and format of the plates. The Secretary may, in h
20		is or her discretion, allow the plates to be issued as vanity o
21		r personalized plates in accordance with Section 3-405.1 of t
22		his Code. The plates are not required to designate "Land Of L
23		incoln", as prescribed in subsection (b) of Section 3-412 of t
24		his Code. The Secretary, in his or her discretion, shall a
25		pprove and prescribe stickers or decals as provided under S
26		ection 3-412. (
27		c) An applicant shall be charged a $40 fee for original i
28		ssuance in addition to the applicable registration fee. Of t
29		his additional fee, $15 shall be deposited into the Secretary o
30		f State Special License Plate Fund and $25 shall be deposited i
31		nto the Lewis and Clark Bicentennial Fund. For each r
32		egistration renewal period, a $27 fee, in addition to the a
33		ppropriate registration fee, shall be charged. Of this a
34		dditional fee, $2 shall be deposited into the Secretary of S
35		tate Special License Plate Fund and $25 shall be deposited i

1		nto the Lewis and Clark Bicentennial Fund. (
2		d) The Secretary of State shall issue special license p
3		lates under this Section on and before September 1, 2008. The S
4		ecretary may not issue special plates under this Section after S
5		eptember 1, 2008. (
6		e) The Lewis and Clark Bicentennial Fund is created as a s
7		pecial fund in the State treasury. All moneys in the Lewis and C
8		lark Bicentennial Fund shall, subject to appropriation by the G
9		eneral Assembly and approval by the Secretary, be used by the D
10		epartment of Commerce and Economic Opportunity Community A
11		ffairs to promote tourism and education related to the Lewis a
12		nd Clark Expedition and for historic preservation purposes r
13		elated to the Expedition. T
14		he State Treasurer shall transfer any moneys remaining in t
15		he Lewis and Clark Bicentennial Fund on September 1, 2009 and a
16		ny moneys received for deposit into that Fund on or after S
17		eptember 1, 2009 into the Secretary of State Special License P
18		late Fund. (
19		Source: P.A. 92-694, eff. 1-1-03; revised 10-15-03.) (
20		625 ILCS 5/3-657) S
21		ec. 3-657 3-654. Park District Youth Program license p
22		lates. (
23		a) In addition to any other special license plate, the S
24		ecretary, upon receipt of all applicable fees and applications m
25		ade in the form prescribed by the Secretary of State, may i
26		ssue Park District Youth Program license plates. The special P
27		ark District Youth Program plate issued under this Section s
28		hall be affixed only to passenger vehicles of the first d
29		ivision and motor vehicles of the second division weighing not m
30		ore than 8,000 pounds. Plates issued under this Section shall e
31		xpire according to the staggered multi-year procedure e
32		stablished by Section 3-414.1 of this Code. (
33		b) The design, color, and format of the plates shall be w
34		holly within the discretion of the Secretary of State. A
35		ppropriate documentation, as determined by the Secretary, m

1		ust accompany each application. The Secretary, in his or her d
2		iscretion, shall approve and prescribe stickers or decals as p
3		rovided under Section 3-412. (
4		c) An applicant for the special plate shall be charged a $
5		40 fee for original issuance in addition to the appropriate r
6		egistration fee. Of this fee, $25 shall be deposited into the P
7		ark District Youth Program Fund and $15 shall be deposited i
8		nto the Secretary of State Special License Plate Fund, to be u
9		sed by the Secretary to help defray the administrative p
10		rocessing costs. F
11		or each registration renewal period, a $27 fee, in a
12		ddition to the appropriate registration fee, shall be charged. O
13		f this fee, $25 shall be deposited into the Park District Y
14		outh Program Fund and $2 shall be deposited into the Secretary o
15		f State Special License Plate Fund. (
16		d) The Park District Youth Program Fund is created as a s
17		pecial fund in the State treasury. All money in the Park D
18		istrict Youth Program Fund shall be paid, subject to a
19		ppropriation by the General Assembly and approval by the S
20		ecretary, as grants to the Illinois Association of Park D
21		istricts, a not-for-profit corporation, for grants to park d
22		istricts and recreation agencies providing innovative after s
23		chool programming for Illinois youth. (
24		Source: P.A. 92-697, eff. 7-19-02; revised 8-23-02.) (
25		625 ILCS 5/3-658) S
26		ec. 3-658 3-654. Professional Sports Teams license p
27		lates. (
28		a) The Secretary, upon receipt of an application made in t
29		he form prescribed by the Secretary, may issue special r
30		egistration plates designated as Professional Sports Teams l
31		icense plates. The special plates issued under this Section s
32		hall be affixed only to passenger vehicles of the first d
33		ivision and motor vehicles of the second division weighing not m
34		ore than 8,000 pounds. Plates issued under this Section shall e
35		xpire according to the multi-year procedure established by S

1		ection 3-414.1 of this Code. (
2		b) The design and color of the plates is wholly within the d
3		iscretion of the Secretary, except that the plates shall, s
4		ubject to the permission of the applicable team owner, display t
5		he logo of the Chicago Bears, the Chicago Bulls, the Chicago B
6		lackhawks Black Hawks, the Chicago Cubs, the Chicago White S
7		ox, the St. Louis Rams, or the St. Louis Cardinals, at the a
8		pplicant's option. The Secretary may allow the plates to be i
9		ssued as vanity or personalized plates under Section 3-405.1 o
10		f the Code. The Secretary shall prescribe stickers or decals a
11		s provided under Section 3-412 of this Code. (
12		c) An applicant for the special plate shall be charged a $
13		40 fee for original issuance in addition to the appropriate r
14		egistration fee. Of this fee, $25 shall be deposited into the P
15		rofessional Sports Teams Education Fund and $15 shall be d
16		eposited into the Secretary of State Special License Plate F
17		und, to be used by the Secretary to help defray the a
18		dministrative processing costs. F
19		or each registration renewal period, a $27 fee, in a
20		ddition to the appropriate registration fee, shall be charged. O
21		f this fee, $25 shall be deposited into the Professional S
22		ports Teams Education Fund and $2 shall be deposited into the S
23		ecretary of State Special License Plate Fund. (
24		d) The Professional Sports Teams Education Fund is created a
25		s a special fund in the State treasury. All moneys in the P
26		rofessional Sports Teams Education Fund shall, subject to a
27		ppropriation by the General Assembly and approval by the S
28		ecretary, be deposited every 6 months into the Common School F
29		und. (
30		Source: P.A. 92-699, eff. 1-1-03; revised 10-28-02.) (
31		625 ILCS 5/3-659) S
32		ec. 3-659 3-654. Pan Hellenic license plates. (
33		a) The Secretary, upon receipt of all applicable fees and a
34		pplications made in the form prescribed by the Secretary, may i
35		ssue special registration plates designated as Pan Hellenic l

1		icense plates. The special plates issued under this Section s
2		hall be affixed only to passenger vehicles of the first d
3		ivision or motor vehicles of the second division weighing not m
4		ore than 8,000 pounds. Plates issued under this Section shall e
5		xpire according to the multi-year procedure established by S
6		ection 3-414.1 of this Code. (
7		b) The design and color of the special plates shall be w
8		holly within the discretion of the Secretary, except that an e
9		mblem of a Pan Hellenic eligible member shall be on the plate. A
10		ppropriate documentation, as determined by the Secretary, s
11		hall accompany each application. The Secretary may, in his or h
12		er discretion, allow the plates to be issued as vanity or p
13		ersonalized plates in accordance with Section 3-405.1 of this C
14		ode. The plates are not required to designate "Land of L
15		incoln" as prescribed in subsection (b) of Section 3-412 of t
16		his Code. The Secretary, in his or her discretion, may p
17		rescribe rules governing the requirements and approval of the s
18		pecial plates. (
19		c) An applicant for the special plate shall be charged a $
20		40 fee for original issuance in addition to the appropriate r
21		egistration fee. Of this fee, $25 shall be deposited into the I
22		llinois Pan Hellenic Trust Fund and $15 shall be deposited i
23		nto the Secretary of State Special License Plate Fund, to be u
24		sed by the Secretary to help defray the administrative p
25		rocessing costs. For each registration renewal period, a $27 f
26		ee, in addition to the appropriate registration fee, shall be c
27		harged. Of this fee, $25 shall be deposited into the Illinois P
28		an Hellenic Trust Fund and $2 shall be deposited into the S
29		ecretary of State Special License Plate Fund. (
30		d) The Illinois Pan Hellenic Trust Fund is created as a s
31		pecial fund in the State Treasury. The State Treasurer shall c
32		reate separate accounts within the Illinois Pan Hellenic Trust F
33		und for each eligible member for which Pan Hellenic license p
34		lates have been issued. Moneys in the Illinois Pan Hellenic T
35		rust Fund shall be allocated to each account in proportion to t
36		he number of plates sold in regard to each fraternity or s

1		orority. All moneys in the Illinois Pan Hellenic Trust Fund s
2		hall be distributed, subject to appropriation by the General A
3		ssembly and approval by the Secretary, as grants to the I
4		llinois Alpha Kappa Alpha Charitable Foundation, Illinois D
5		elta Sigma Theta Charitable Foundation, Illinois Zeta Phi Beta C
6		haritable Foundation, Illinois Sigma Gamma Rho Charitable F
7		oundation, Illinois Alpha Phi Alpha Charitable Foundation, I
8		llinois Omega Psi Phi Charitable Foundation, Illinois Kappa A
9		lpha Psi Charitable Foundation, Illinois Phi Beta Sigma C
10		haritable Foundation, or Illinois Iota Phi Theta Charitable F
11		oundation for charitable purposes sponsored by the A
12		frican-American fraternity or sorority. (
13		Source: P.A. 92-702, eff. 1-1-03; revised 8-23-02.) (
14		625 ILCS 5/3-660) S
15		ec. 3-660 3-653. September 11th license plates. (
16		a) Beginning on September 11, 2002, the Secretary, upon r
17		eceipt of all applicable fees and applications made in the f
18		orm prescribed by the Secretary, may issue special r
19		egistration plates designated as September 11th license p
20		lates. T
21		he special plates issued under this Section shall be a
22		ffixed only to passenger vehicles of the first division or m
23		otor vehicles of the second division weighing not more than 8
24		,000 pounds. P
25		lates issued under this Section shall expire according to t
26		he multi-year procedure established by Section 3-414.1 of this C
27		ode. (
28		b) The design and color of the special plates shall be w
29		holly within the discretion of the Secretary. The Secretary m
30		ay allow the plates to be issued as vanity or personalized p
31		lates under Section 3-405.1 of this Code. The Secretary shall p
32		rescribe stickers or decals as provided under Section 3-412 of t
33		his Code. (
34		c) An applicant for the special plate shall be charged a $
35		40 fee for original issuance in addition to the appropriate r

1		egistration fee. Of this fee, $25 shall be deposited into the S
2		eptember 11th Fund and $15 shall be deposited into the S
3		ecretary of State Special License Plate Fund, to be used by t
4		he Secretary to help defray the administrative processing c
5		osts. F
6		or each registration renewal period, a $27 fee, in a
7		ddition to the appropriate registration fee, shall be charged. O
8		f this fee, $25 shall be deposited into the September 11th F
9		und and $2 shall be deposited into the Secretary of State S
10		pecial License Plate Fund. (
11		d) The September 11th Fund is created as a special fund in t
12		he State treasury. Subject to appropriation by the General A
13		ssembly and approval by the Secretary, the Director of C
14		ommerce and Economic Opportunity Community Affairs shall pay a
15		ll moneys in the September 11th Fund as grants to aid victims o
16		f terrorism and as grants to local governments to cover the c
17		osts of training, equipment, and other items related to public s
18		afety initiatives intended to prevent further acts of t
19		errorism or to respond to further acts of terrorism or other d
20		isasters or emergency situations in Illinois. (
21		Source: P.A. 92-704, eff. 7-19-02; revised 10-15-03.) (
22		625 ILCS 5/3-661) S
23		ec. 3-661 3-653. Illinois Route 66 license plates. (
24		a) The Secretary, upon receipt of all applicable fees and a
25		pplications made in the form prescribed by the Secretary, may i
26		ssue special registration plates designated as Illinois Route 6
27		6 license plates. The special plates issued under this Section s
28		hall be affixed only to passenger vehicles of the first d
29		ivision or motor vehicles of the second division weighing not m
30		ore than 8,000 pounds. Plates issued under this Section shall e
31		xpire according to the multi-year procedure established by S
32		ection 3-414.1 of this Code. (
33		b) The design and color of the special plates shall be w
34		holly within the discretion of the Secretary. The Secretary m
35		ay, in his or her discretion, allow the plates to be issued as v

1		anity or personalized plates in accordance with Section 3
2		-405.1 of this Code. The plates are not required to designate "
3		Land of Lincoln", as prescribed in subsection (b) of Section 3
4		-412 of this Code. The Secretary, in his or her discretion, s
5		hall approve and prescribe stickers or decals as provided u
6		nder Section 3-412. (
7		c) An applicant for the special plate shall be charged a $
8		40 fee for original issuance in addition to the appropriate r
9		egistration fee. Of this fee, $25 shall be deposited into the I
10		llinois Route 66 Heritage Project Fund and $15 shall be d
11		eposited into the Secretary of State Special License Plate F
12		und, to be used by the Secretary to help defray the a
13		dministrative processing costs. F
14		or each registration renewal period, a $27 fee, in a
15		ddition to the appropriate registration fee, shall be charged. O
16		f this fee, $25 shall be deposited into the Illinois Route 66 H
17		eritage Project Fund and $2 shall be deposited into the S
18		ecretary of State Special License Plate Fund. (
19		d) The Illinois Route 66 Heritage Project Fund is created a
20		s a special fund in the State treasury. Subject to a
21		ppropriation by the General Assembly and approval by the S
22		ecretary, Illinois Route 66 Heritage Project, Inc. shall use a
23		ll moneys in the Illinois Route 66 Heritage Project Fund for t
24		he development of tourism, through education and i
25		nterpretation, preservation, and promotion of the former U.S. R
26		oute 66 in Illinois. (
27		Source: P.A. 92-706, eff. 1-1-03; revised 8-23-02.) (
28		625 ILCS 5/3-662) S
29		ec. 3-662 3-654. Stop Neuroblastoma license plates. (
30		a) The Secretary, upon receipt of an application made in t
31		he form prescribed by the Secretary, may issue special r
32		egistration plates designated as Stop Neuroblastoma license p
33		lates. The special plates issued under this Section shall be a
34		ffixed only to passenger vehicles of the first division and m
35		otor vehicles of the second division weighing not more than 8

1		,000 pounds. Plates issued under this Section shall expire a
2		ccording to the multi-year procedure established by Section 3
3		-414.1 of this Code. (
4		b) The design and color of the plates is wholly within the d
5		iscretion of the Secretary, except that the following phrases s
6		hall be on the plates: (i) "Stop Neuroblastoma" and (ii) "Stop C
7		ancer". The Secretary may allow the plates to be issued as v
8		anity plates or personalized under Section 3-405.1 of this C
9		ode. The Secretary shall prescribe stickers or decals as p
10		rovided under Section 3-412 of this Code. (
11		c) An applicant for the special plate shall be charged a $
12		25 fee for original issuance in addition to the appropriate r
13		egistration fee. Of this fee, $10 shall be deposited into the S
14		top Neuroblastoma Fund and $15 shall be deposited into the S
15		ecretary of State Special License Plate Fund, to be used by t
16		he Secretary to help defray the administrative processing c
17		osts. F
18		or each registration renewal period, a $25 fee, in a
19		ddition to the appropriate registration fee, shall be charged. O
20		f this fee, $23 shall be deposited into the Stop Neuroblastoma F
21		und and $2 shall be deposited into the Secretary of State S
22		pecial License Plate Fund. (
23		d) The Stop Neuroblastoma Fund is created as a special f
24		und in the State treasury. All money in the Stop Neuroblastoma F
25		und shall be paid, subject to appropriation by the General A
26		ssembly and approval by the Secretary, as grants to the A
27		merican Cancer Society for neuroblastoma and cancer research, e
28		ducation, screening, and treatment. (
29		Source: P.A. 92-711, eff. 7-19-02; revised 8-23-02.) (
30		625 ILCS 5/3-803) (from Ch. 95 1/2, par. 3-803) S
31		ec. 3-803. Reductions. (
32		a) Reduction of fees and taxes prescribed in this Chapter s
33		hall be applicable only to vehicles newly-acquired by the o
34		wner after the beginning of a registration period or which b
35		ecome subject to registration after the beginning of a r

1		egistration period as specified in this Act. The Secretary of S
2		tate may deny a reduction as to any vehicle operated in this S
3		tate without being properly and timely registered in Illinois u
4		nder this Chapter, of a vehicle in violation of any provision o
5		f this Chapter, or upon detection of such violation by an a
6		udit, or upon determining that such vehicle was operated in I
7		llinois before such violation. Bond or other security in the p
8		roper amount may be required by the Secretary of State while t
9		he matter is under investigation. Reductions shall be granted i
10		f a person becomes the owner after the dates specified or if a v
11		ehicle becomes subject to registration under this Act, as a
12		mended, after the dates specified. (
13		b) Vehicles of the First Division. The annual fees and t
14		axes prescribed by Section 3-806 shall be reduced by 50% on a
15		nd after June 15, except as provided in Sections 3-414 and 3
16		-802 of this Act. (
17		c) Vehicles of the Second Division. The annual fees and t
18		axes prescribed by Sections 3-402, 3-402.1, 3-815 and 3-819 a
19		nd paid on a calendar year for such vehicles shall be reduced o
20		n a quarterly basis if the vehicle becomes subject to r
21		egistration on and after March 31, June 30 or September 30. W
22		here such fees and taxes are payable on a fiscal year basis, t
23		hey shall be reduced on a quarterly basis on and after S
24		eptember 30, December 31 or March 31. (
25		d) Two-year Registrations. The fees and taxes prescribed b
26		y Section 3-808 for 2-year registrations shall not be reduced i
27		n any event. However, the fees and taxes prescribed for all o
28		ther 2-year registrations by this Act, shall be reduced as f
29		ollows: B
30		y 25% on and after June 15; B
31		y 50% on and after December 15; B
32		y 75% on and after the next ensuing June 15. (
33		e) The registration fees and taxes imposed upon certain v
34		ehicles shall not be reduced by any amount in any event in the f
35		ollowing instances: P
36		ermits under Sections 3-403 and 3-811; M

1		unicipal Buses under Section 3-807; G
2		overnmental or charitable vehicles under Section 3-808; F
3		arm Machinery under Section 3-809; S
4		oil and conservation equipment under Section 3-809.1; S
5		pecial Plates under Section 3-810; P
6		ermanently mounted equipment under Section 3-812; R
7		egistration fee under Section 3-813; S
8		emitrailer fees under Section 3-814; F
9		arm trucks under Section 3-815; M
10		ileage weight tax option under Section 3-818; F
11		arm trailers under Section 3-819; D
12		uplicate plates under Section 3-820; F
13		ees under Section 3-821; S
14		ecurity Fees under Section 3-822; S
15		earch Fees under Section 3-823. (
16		f) The reductions provided for shall not apply to any v
17		ehicle of the first or second division registered by the same a
18		pplicant in the prior registration year. The changes to this Section made by Public Act 84-210 take T
20		his bill takes effect with the 1986 Calendar Registration Y
21		ear. (
22		g) Reductions shall in no event result in payment of a fee o
23		r tax less than $6, and the Secretary of State shall p
24		romulgate schedules of fees reflecting applicable reductions. W
25		here any reduced amount is not stated in full dollars, the S
26		ecretary of State may adjust the amount due to the nearest f
27		ull dollar amount. (
28		h) The reductions provided for in subsections (a) through (
29		g) of this Section shall not apply to those vehicles of the f
30		irst or second division registered on a staggered registration b
31		asis. (
32		i) A vehicle which becomes subject to registration during t
33		he last month of the current registration year is exempt from a
34		ny applicable reduced fourth quarter or second semiannual r
35		egistration fee, and may register for the subsequent r
36		egistration year as its initial registration. This subsection d

1		oes not include those apportioned and prorated fees under S
2		ections 3-402 and 3-402.1 of this Code. (
3		Source: P.A. 84-1311; revised 2-25-02.) (
4		625 ILCS 5/3-815.1) S
5		ec. 3-815.1. Commercial distribution fee. Beginning July 1
6		, 2003, in addition to any tax or fee imposed under this Code: (a) Vehicles of the second division with a gross v
8		ehicle weight that exceeds 8,000 pounds and that incur any t
9		ax or fee under subsection (a) of Section 3-815 of this C
10		ode or subsection (a) of Section 3-818 of this Code, as a
11		pplicable, and shall pay to the Secretary of State a c
12		ommercial distribution fee, for each registration year, f
13		or the use of the public highways, State infrastructure, a
14		nd State services, in an amount equal to 36% of the taxes a
15		nd fees incurred under subsection (a) of Section 3-815 of t
16		his Code, or subsection (a) of Section 3-818 of this Code, a
17		s applicable, rounded up to the nearest whole dollar. (b) Vehicles of the second division with a gross v
19		ehicle weight of 8,000 pounds or less and that incur any t
20		ax or fee under subsection (a) of Section 3-815 of this C
21		ode or subsection (a) of Section 3-818 of this Code, as a
22		pplicable, and have claimed the rolling stock exemption u
23		nder the Retailers' Occupation Tax Act, Use Tax Act, S
24		ervice Occupation Tax Act, or Service Use Tax Act shall p
25		ay to the Illinois Department of Revenue (or the Secretary o
26		f State under an intergovernmental agreement) a c
27		ommercial distribution fee, for each registration year, f
28		or the use of the public highways, State infrastructure, a
29		nd State services, in an amount equal to 36% of the taxes a
30		nd fees incurred under subsection (a) of Section 3-815 of t
31		his Code or subsection (a) of Section 3-818 of this Code, a
32		s applicable, rounded up to the nearest whole dollar. T
33		he fees paid under this Section shall be deposited by the S
34		ecretary of State into the General Revenue Fund. (
35		Source: P.A. 93-23, eff. 6-20-03; revised 10-9-03.) (

1		625 ILCS 5/6-411) (from Ch. 95 1/2, par. 6-411) S
2		ec. 6-411. Qualifications of Driver Training Instructors. I
3		n order to qualify for a license as an instructor for a d
4		riving school, an applicant must: (
5		a) Be of good moral character; (
6		b) Authorize an investigation to include a fingerprint b
7		ased background check to determine if the applicant has ever b
8		een convicted of a crime and if so, the disposition of those c
9		onvictions; this authorization shall indicate the scope of the i
10		nquiry and the agencies which may be contacted. Upon this a
11		uthorization the Secretary of State may request and receive i
12		nformation and assistance from any federal, state or local g
13		overnmental agency as part of the authorized investigation. E
14		ach applicant shall submit have his or her fingerprints s
15		ubmitted to the Department of State Police in the form and m
16		anner prescribed by the Department of State Police. These f
17		ingerprints shall be checked against the fingerprint records n
18		ow and hereafter filed in the Department of State Police and F
19		ederal Bureau of Investigation criminal history records r
20		ecord information databases. The Department of State Police s
21		hall charge a fee for conducting the criminal history records c
22		heck, which shall be deposited in the State Police Services F
23		und and shall not exceed the actual cost of the records check. T
24		he applicant shall be required to pay all related fingerprint f
25		ees including, but not limited to, the amounts established by t
26		he Department of State Police and the Federal Bureau of I
27		nvestigation to process fingerprint based criminal background i
28		nvestigations. The Department of State Police shall provide i
29		nformation concerning any criminal convictions, and their d
30		isposition, brought against the applicant upon request of the S
31		ecretary of State when the request is made in the form and m
32		anner required by the Department of State Police. Unless o
33		therwise prohibited by law, the information derived from this i
34		nvestigation including the source of this information, and any c
35		onclusions or recommendations derived from this information b

1		y the Secretary of State shall be provided to the applicant, o
2		r his designee, upon request to the Secretary of State, prior t
3		o any final action by the Secretary of State on the a
4		pplication. Any criminal convictions and their disposition i
5		nformation obtained by the Secretary of State shall be c
6		onfidential and may not be transmitted outside the Office of t
7		he Secretary of State, except as required herein, and may not b
8		e transmitted to anyone within the Office of the Secretary of S
9		tate except as needed for the purpose of evaluating the a
10		pplicant. The information obtained from this investigation m
11		ay be maintained by the Secretary of State or any agency to w
12		hich such information was transmitted. Only information and s
13		tandards which bear a reasonable and rational relation to the p
14		erformance of a driver training instructor shall be used by t
15		he Secretary of State. Any employee of the Secretary of State w
16		ho gives or causes to be given away any confidential i
17		nformation concerning any criminal charges and their d
18		isposition of an applicant shall be guilty of a Class A m
19		isdemeanor unless release of such information is authorized by t
20		his Section; (
21		c) Pass such examination as the Secretary of State shall r
22		equire on (1) traffic laws, (2) safe driving practices, (3) o
23		peration of motor vehicles, and (4) qualifications of teacher; (
24		d) Be physically able to operate safely a motor vehicle a
25		nd to train others in the operation of motor vehicles. An i
26		nstructors license application must be accompanied by a m
27		edical examination report completed by a competent physician l
28		icensed to practice in the State of Illinois; (
29		e) Hold a valid Illinois drivers license; (
30		f) Have graduated from an accredited high school after at l
31		east 4 years of high school education or the equivalent; and (
32		g) Pay to the Secretary of State an application and l
33		icense fee of $70. I
34		f a driver training school class room instructor teaches a
35		n approved driver education course, as defined in Section 1
36		-103 of this Code, to students under 18 years of age, he or s

1		he shall furnish to the Secretary of State a certificate i
2		ssued by the State Board of Education that the said instructor i
3		s qualified and meets the minimum educational standards for t
4		eaching driver education courses in the local public or p
5		arochial school systems, except that no State Board of E
6		ducation certification shall be required of any instructor who t
7		eaches exclusively in a commercial driving school. On and a
8		fter July 1, 1986, the existing rules and regulations of the S
9		tate Board of Education concerning commercial driving schools s
10		hall continue to remain in effect but shall be administered by t
11		he Secretary of State until such time as the Secretary of S
12		tate shall amend or repeal the rules in accordance with The I
13		llinois Administrative Procedure Act. Upon request, the S
14		ecretary of State shall issue a certificate of completion to a s
15		tudent under 18 years of age who has completed an approved d
16		river education course at a commercial driving school. (
17		Source: P.A. 93-408, eff. 1-1-04; 93-418, eff. 1-1-04; revised 9
18		-15-03.) (
19		625 ILCS 5/6-500) (from Ch. 95 1/2, par. 6-500) S
20		ec. 6-500. Definitions of words and phrases. N
21		otwithstanding the definitions set forth elsewhere in this C
22		ode, for purposes of the Uniform Commercial Driver's License A
23		ct (UCDLA), the words and phrases listed below have the m
24		eanings ascribed to them as follows: (
25		1) Alcohol. "Alcohol" means any substance containing any f
26		orm of alcohol, including but not limited to ethanol, m
27		ethanol, propanol, and isopropanol. (
28		2) Alcohol concentration. "Alcohol concentration" means: (A) the number of grams of alcohol per 210 liters of b
30		reath; or (B) the number of grams of alcohol per 100 milliliters o
32		f blood; or (C) the number of grams of alcohol per 67 milliliters o
34		f urine. A
35		lcohol tests administered within 2 hours of the driver b

1		eing "stopped or detained" shall be considered that driver's "
2		alcohol concentration" for the purposes of enforcing this U
3		CDLA. (
4		3) (Blank). (
5		4) (Blank). (
6		5) (Blank). (
7		6) Commercial Motor Vehicle. (A) "Commercial motor vehicle" means a motor vehicle, e
9		xcept those referred to in subdivision (B), designed to t
10		ransport passengers or property if: (i) the vehicle has a GVWR of 26,001 pounds or more o
12		r such a lesser GVWR as subsequently determined by f
13		ederal regulations or the Secretary of State; or any c
14		ombination of vehicles with a GCWR of 26,001 pounds or m
15		ore, provided the GVWR of any vehicle or vehicles b
16		eing towed is 10,001 pounds or more; or (ii) the vehicle is designed to transport 16 or m
18		ore persons; or (iii) the vehicle is transporting hazardous m
20		aterials and is required to be placarded in accordance w
21		ith 49 C.F.R. Part 172, subpart F. (B) Pursuant to the interpretation of the Commercial M
23		otor Vehicle Safety Act of 1986 by the Federal Highway A
24		dministration, the definition of "commercial motor v
25		ehicle" does not include: (i) recreational vehicles, when operated primarily f
27		or personal use; (ii) United States Department of Defense vehicles b
29		eing operated by non-civilian personnel. This i
30		ncludes any operator on active military duty; members o
31		f the Reserves; National Guard; personnel on p
32		art-time training; and National Guard military t
33		echnicians (civilians who are required to wear m
34		ilitary uniforms and are subject to the Code of M
35		ilitary Justice); or (iii) firefighting and other emergency equipment w

1		ith audible and visual signals, owned or operated by o
2		r for a governmental entity, which is necessary to the p
3		reservation of life or property or the execution of e
4		mergency governmental functions which are normally n
5		ot subject to general traffic rules and regulations. (
6		7) Controlled Substance. "Controlled substance" shall h
7		ave the same meaning as defined in Section 102 of the Illinois C
8		ontrolled Substances Act, and shall also include cannabis as d
9		efined in Section 3 of the Cannabis Control Act. (
10		8) Conviction. "Conviction" means an unvacated a
11		djudication of guilt or a determination that a person has v
12		iolated or failed to comply with the law in a court of o
13		riginal jurisdiction or an authorized administrative t
14		ribunal; an unvacated forfeiture of bail or collateral d
15		eposited to secure the person's appearance in court; the p
16		ayment of a fine or court cost regardless of whether the i
17		mposition of sentence is deferred and ultimately a judgment d
18		ismissing the underlying charge is entered; or a violation of a
19		condition of release without bail, regardless of whether or n
20		ot the penalty is rebated, suspended or probated. (
21		9) (Blank). (
22		10) (Blank). (
23		11) (Blank). (
24		12) (Blank). (
25		13) Driver. "Driver" means any person who drives, o
26		perates, or is in physical control of a commercial motor v
27		ehicle, or who is required to hold a CDL. (
28		14) Employee. "Employee" means a person who is employed as a
29		commercial motor vehicle driver. A person who is s
30		elf-employed as a commercial motor vehicle driver must comply w
31		ith the requirements of this UCDLA pertaining to employees. An o
32		wner-operator on a long-term lease shall be considered an e
33		mployee. (
34		15) Employer. "Employer" means a person (including the U
35		nited States, a State or a local authority) who owns or leases a
36		commercial motor vehicle or assigns employees to operate such a

1		vehicle. A person who is self-employed as a commercial motor v
2		ehicle driver must comply with the requirements of this UCDLA. (
3		16) (Blank). (
4		17) Foreign jurisdiction. "Foreign jurisdiction" means a s
5		overeign jurisdiction that does not fall within the definition o
6		f "State". (
7		18) (Blank). (
8		19) (Blank). (
9		20) Hazardous Material. Upon a finding by the United S
10		tates Secretary of Transportation, in his or her discretion, u
11		nder 49 App. U.S.C. 5103(a), that the transportation of a p
12		articular quantity and form of material in commerce may pose a
13		n unreasonable risk to health and safety or property, he or s
14		he shall designate the quantity and form of material or group o
15		r class of the materials as a hazardous material. The m
16		aterials so designated may include but are not limited to e
17		xplosives, radioactive materials, etiologic agents, flammable l
18		iquids or solids, combustible liquids or solids, poisons, o
19		xidizing or corrosive materials, and compressed gases. (
20		21) Long-term lease. "Long-term lease" means a lease of a c
21		ommercial motor vehicle by the owner-lessor to a lessee, for a p
22		eriod of more than 29 days. (
23		22) Motor Vehicle. "Motor vehicle" means every vehicle w
24		hich is self-propelled, and every vehicle which is propelled b
25		y electric power obtained from over head trolley wires but not o
26		perated upon rails, except vehicles moved solely by human p
27		ower and motorized wheel chairs. (
28		23) Non-resident CDL. "Non-resident CDL" means a c
29		ommercial driver's license issued by a state to an individual w
30		ho is domiciled in a foreign jurisdiction. (
31		24) (Blank). (
32		25) (Blank). (
33		25.5) Railroad-Highway Grade Crossing Violation. "
34		Railroad-highway grade crossing violation" means a violation, w
35		hile operating a commercial motor vehicle, of any of the f
36		ollowing: (A) Section 11-1201, 11-1202, or 11-1425 of this C
2		ode. (B) (C) (D) (E) (F) (G) (H) Any other similar law o
4		r local ordinance of any state relating to r
5		ailroad-highway grade crossing. (A) (G) (
6		26) Serious Traffic Violation. "Serious traffic v
7		iolation" means: (A) a conviction when operating a commercial motor v
9		ehicle of: (i) a violation relating to excessive speeding, i
11		nvolving a single speeding charge of 15 miles per hour o
12		r more above the legal speed limit; or (ii) a violation relating to reckless driving; or (iii) a violation of any State law or local o
15		rdinance relating to motor vehicle traffic control (
16		other than parking violations) arising in connection w
17		ith a fatal traffic accident; or (iv) a violation of Section 6-501, relating to h
19		aving multiple driver's licenses; or (v) a violation of paragraph (a) of Section 6-507, r
21		elating to the requirement to have a valid CDL; or (vi) a violation relating to improper or erratic t
23		raffic lane changes; or (vii) a violation relating to following another v
25		ehicle too closely; or (B) any other similar violation of a law or local o
27		rdinance of any state relating to motor vehicle traffic c
28		ontrol, other than a parking violation, which the S
29		ecretary of State determines by administrative rule to be s
30		erious. (
31		27) State. "State" means a state of the United States, the D
32		istrict of Columbia and any province or territory of Canada. (
33		28) (Blank). (
34		29) (Blank). (
35		30) (Blank). (
36		31) (Blank). (

1		Source: P.A. 92-249, eff. 1-1-02; 92-651, eff. 7-11-02; 9
2		2-834, eff. 8-22-02; revised 8-26-02.) (
3		625 ILCS 5/6-508) (from Ch. 95 1/2, par. 6-508) (
4		Text of Section before amendment by P.A. 93-644) S
5		ec. 6-508. Commercial Driver's License (CDL) - q
6		ualification standards. (
7		a) Testing. (1) General. No person shall be issued an original or r
9		enewal CDL unless that person is domiciled in this State. T
10		he Secretary shall cause to be administered such tests as t
11		he Secretary deems necessary to meet the requirements of 4
12		9 C.F.R. Part 383, subparts G and H. (2) Third party testing. The Secretary of state may a
14		uthorize a "third party tester", pursuant to 49 C.F.R. P
15		art 383.75, to administer the skills test or tests s
16		pecified by Federal Highway Administration pursuant to t
17		he Commercial Motor Vehicle Safety Act of 1986 and any a
18		ppropriate federal rule. (
19		b) Waiver of Skills Test. The Secretary of State may waive t
20		he skills test specified in this Section for a commercial d
21		river license applicant who meets the requirements of 49 C
22		.F.R. Part 383.77. (
23		c) Limitations on issuance of a CDL. A CDL, or a c
24		ommercial driver instruction permit, shall not be issued to a p
25		erson while the person is subject to a disqualification from d
26		riving a commercial motor vehicle, or unless otherwise p
27		ermitted by this Code, while the person's driver's license is s
28		uspended, revoked or cancelled in any state, or any territory o
29		r province of Canada; nor may a CDL be issued to a person who h
30		as a CDL issued by any other state, or foreign jurisdiction, u
31		nless the person first surrenders all such licenses. No CDL s
32		hall be issued to or renewed for a person who does not meet t
33		he requirement of 49 CFR 391.41(b)(11). The requirement may be m
34		et with the aid of a hearing aid. (
35		c-1) The Secretary may issue a CDL with a school bus d

1		river endorsement to allow a person to drive the type of bus d
2		escribed in subsection (d-5) of Section 6-104 of this Code. T
3		he CDL with a school bus driver endorsement may be issued only t
4		o a person meeting the following requirements: (1) the person has submitted his or her fingerprints to t
6		he Department of State Police for fingerprint based c
7		riminal background checks on current and future i
8		nformation available in the state system and current i
9		nformation available through the Federal Bureau of I
10		nvestigation's system; (2) the person has passed a written test, administered b
12		y the Secretary of State, on charter bus operation, c
13		harter bus safety, and certain special traffic laws r
14		elating to school buses determined by the Secretary of S
15		tate to be relevant to charter buses, and submitted to a r
16		eview of the applicant's driving habits by the Secretary o
17		f State at the time the written test is given; (3) the person has demonstrated physical fitness to o
19		perate school buses by submitting the results of a medical e
20		xamination, including tests for drug use; and (4) the person has not been convicted of committing or a
22		ttempting to commit any one or more of the following o
23		ffenses: (i) those offenses defined in Sections 9-1, 9
24		-1.2, 9-2, 9-2.1, 9-3, 9-3.2, 9-3.3, 10-1, 10-2, 10-3.1, 1
25		0-4, 10-5, 10-6, 10-7, 11-6, 11-9, 11-9.1, 11-14, 11-15, 1
26		1-15.1, 11-16, 11-17, 11-18, 11-19, 11-19.1, 11-19.2, 1
27		1-20, 11-20.1, 11-21, 11-22, 12-3.1, 12-4.1, 12-4.2, 1
28		2-4.3, 12-4.4, 12-4.5, 12-6, 12-6.2, 12-7.1, 12-7.3, 1
29		2-7.4, 12-11, 12-13, 12-14, 12-14.1, 12-15, 12-16, 1
30		2-16.2, 12-21.5, 12-21.6, 12-33, 18-1, 18-2, 18-3, 18-4, 1
31		8-5, 20-1, 20-1.1, 20-2, 24-1, 24-1.1, 24-1.2, 24-3.3, 3
32		1A-1, 31A-1.1, and 33A-2, and in subsection (a) and s
33		ubsection (b), clause (1), of Section 12-4 of the Criminal C
34		ode of 1961; (ii) those offenses defined in the Cannabis C
35		ontrol Act except those offenses defined in subsections (
36		a) and (b) of Section 4, and subsection (a) of Section 5 o

1		f the Cannabis Control Act; (iii) those offenses defined i
2		n the Illinois Controlled Substances Act; (iv) any offense c
3		ommitted or attempted in any other state or against the l
4		aws of the United States, which if committed or attempted i
5		n this State would be punishable as one or more of the f
6		oregoing offenses; (v) the offenses defined in Sections 4
7		.1 and 5.1 of the Wrongs to Children Act and (vi) those o
8		ffenses defined in Section 6-16 of the Liquor Control Act o
9		f 1934. (
10		d) Commercial driver instruction permit. A commercial d
11		river instruction permit may be issued to any person holding a v
12		alid Illinois driver's license if such person successfully p
13		asses such tests as the Secretary determines to be necessary. A
14		commercial driver instruction permit shall not be issued to a p
15		erson who does not meet the requirements of 49 CFR 3
16		91.41(b)(11), except for the renewal of a commercial driver i
17		nstruction permit for a person who possesses a commercial i
18		nstruction permit prior to the effective date of this a
19		mendatory Act of 1999. (
20		Source: P.A. 93-476, eff. 1-1-04.) (
21		Text of Section after amendment by P.A. 93-644) S
22		ec. 6-508. Commercial Driver's License (CDL) - q
23		ualification standards. (
24		a) Testing. (1) General. No person shall be issued an original or r
26		enewal CDL unless that person is domiciled in this State. T
27		he Secretary shall cause to be administered such tests as t
28		he Secretary deems necessary to meet the requirements of 4
29		9 C.F.R. Part 383, subparts G and H. (2) Third party testing. The Secretary of state may a
31		uthorize a "third party tester", pursuant to 49 C.F.R. P
32		art 383.75, to administer the skills test or tests s
33		pecified by Federal Highway Administration pursuant to t
34		he Commercial Motor Vehicle Safety Act of 1986 and any a
35		ppropriate federal rule. (

1		b) Waiver of Skills Test. The Secretary of State may waive t
2		he skills test specified in this Section for a commercial d
3		river license applicant who meets the requirements of 49 C
4		.F.R. Part 383.77. (
5		c) Limitations on issuance of a CDL. A CDL, or a c
6		ommercial driver instruction permit, shall not be issued to a p
7		erson while the person is subject to a disqualification from d
8		riving a commercial motor vehicle, or unless otherwise p
9		ermitted by this Code, while the person's driver's license is s
10		uspended, revoked or cancelled in any state, or any territory o
11		r province of Canada; nor may a CDL be issued to a person who h
12		as a CDL issued by any other state, or foreign jurisdiction, u
13		nless the person first surrenders all such licenses. No CDL s
14		hall be issued to or renewed for a person who does not meet t
15		he requirement of 49 CFR 391.41(b)(11). The requirement may be m
16		et with the aid of a hearing aid. (
17		c-1) The Secretary may issue a CDL with a school bus d
18		river endorsement to allow a person to drive the type of bus d
19		escribed in subsection (d-5) of Section 6-104 of this Code. T
20		he CDL with a school bus driver endorsement may be issued only t
21		o a person meeting the following requirements: (1) the person has submitted his or her fingerprints to t
23		he Department of State Police in the form and manner p
24		rescribed by the Department of State Police. These f
25		ingerprints shall be checked against the fingerprint r
26		ecords now and hereafter filed in the Department of State P
27		olice and Federal Bureau of Investigation criminal h
28		istory records databases for fingerprint based criminal b
29		ackground checks on current and future information a
30		vailable in the state system and current information a
31		vailable through the Federal Bureau of Investigation's s
32		ystem; (2) the person has passed a written test, administered b
34		y the Secretary of State, on charter bus operation, c
35		harter bus safety, and certain special traffic laws r
36		elating to school buses determined by the Secretary of S

1		tate to be relevant to charter buses, and submitted to a r
2		eview of the applicant's driving habits by the Secretary o
3		f State at the time the written test is given; (3) the person has demonstrated physical fitness to o
5		perate school buses by submitting the results of a medical e
6		xamination, including tests for drug use; and (4) the person has not been convicted of committing or a
8		ttempting to commit any one or more of the following o
9		ffenses: (i) those offenses defined in Sections 9-1, 9
10		-1.2, 9-2, 9-2.1, 9-3, 9-3.2, 9-3.3, 10-1, 10-2, 10-3.1, 1
11		0-4, 10-5, 10-6, 10-7, 11-6, 11-9, 11-9.1, 11-14, 11-15, 1
12		1-15.1, 11-16, 11-17, 11-18, 11-19, 11-19.1, 11-19.2, 1
13		1-20, 11-20.1, 11-21, 11-22, 12-3.1, 12-4.1, 12-4.2, 1
14		2-4.3, 12-4.4, 12-4.5, 12-6, 12-6.2, 12-7.1, 12-7.3, 1
15		2-7.4, 12-11, 12-13, 12-14, 12-14.1, 12-15, 12-16, 1
16		2-16.2, 12-21.5, 12-21.6, 12-33, 18-1, 18-2, 18-3, 18-4, 1
17		8-5, 20-1, 20-1.1, 20-2, 24-1, 24-1.1, 24-1.2, 24-3.3, 3
18		1A-1, 31A-1.1, and 33A-2, and in subsection (a) and s
19		ubsection (b), clause (1), of Section 12-4 of the Criminal C
20		ode of 1961; (ii) those offenses defined in the Cannabis C
21		ontrol Act except those offenses defined in subsections (
22		a) and (b) of Section 4, and subsection (a) of Section 5 o
23		f the Cannabis Control Act; (iii) those offenses defined i
24		n the Illinois Controlled Substances Act; (iv) any offense c
25		ommitted or attempted in any other state or against the l
26		aws of the United States, which if committed or attempted i
27		n this State would be punishable as one or more of the f
28		oregoing offenses; (v) the offenses defined in Sections 4
29		.1 and 5.1 of the Wrongs to Children Act and (vi) those o
30		ffenses defined in Section 6-16 of the Liquor Control Act o
31		f 1934. T
32		he Department of State Police shall charge a fee for c
33		onducting the criminal history records check, which shall be d
34		eposited into the State Police Services Fund and may not e
35		xceed the actual cost of the records check. (
36		d) Commercial driver instruction permit. A commercial d

1		river instruction permit may be issued to any person holding a v
2		alid Illinois driver's license if such person successfully p
3		asses such tests as the Secretary determines to be necessary. A
4		commercial driver instruction permit shall not be issued to a p
5		erson who does not meet the requirements of 49 CFR 391.41 (
6		b)(11), except for the renewal of a commercial driver i
7		nstruction permit for a person who possesses a commercial i
8		nstruction permit prior to the effective date of this a
9		mendatory Act of 1999. (
10		Source: P.A. 93-476, eff. 1-1-04; 93-644, eff. 6-1-04; revised 1
11		-13-04.) (
12		625 ILCS 5/11-501) (from Ch. 95 1/2, par. 11-501) S
13		ec. 11-501. Driving while under the influence of alcohol, o
14		ther drug or drugs, intoxicating compound or compounds or any c
15		ombination thereof. (
16		a) A person shall not drive or be in actual physical c
17		ontrol of any vehicle within this State while: (1) the alcohol concentration in the person's blood or b
19		reath is 0.08 or more based on the definition of blood and b
20		reath units in Section 11-501.2; (2) under the influence of alcohol; (3) under the influence of any intoxicating compound or c
23		ombination of intoxicating compounds to a degree that r
24		enders the person incapable of driving safely; (4) under the influence of any other drug or c
26		ombination of drugs to a degree that renders the person i
27		ncapable of safely driving; (5) under the combined influence of alcohol, other drug o
29		r drugs, or intoxicating compound or compounds to a degree t
30		hat renders the person incapable of safely driving; or (6) there is any amount of a drug, substance, or c
32		ompound in the person's breath, blood, or urine resulting f
33		rom the unlawful use or consumption of cannabis listed in t
34		he Cannabis Control Act, a controlled substance listed in t
35		he Illinois Controlled Substances Act, or an intoxicating c

1		ompound listed in the Use of Intoxicating Compounds Act. (
2		b) The fact that any person charged with violating this S
3		ection is or has been legally entitled to use alcohol, other d
4		rug or drugs, or intoxicating compound or compounds, or any c
5		ombination thereof, shall not constitute a defense against any c
6		harge of violating this Section. (
7		c) Except as provided under paragraphs (c-3), (c-4), and (
8		d) of this Section, every person convicted of violating this S
9		ection or a similar provision of a local ordinance, shall be g
10		uilty of a Class A misdemeanor and, in addition to any other c
11		riminal or administrative action, for any second conviction of v
12		iolating this Section or a similar provision of a law of a
13		nother state or local ordinance committed within 5 years of a p
14		revious violation of this Section or a similar provision of a l
15		ocal ordinance shall be mandatorily sentenced to a minimum of 5
16		days of imprisonment or assigned to a minimum of 30 days of c
17		ommunity service as may be determined by the court. Every p
18		erson convicted of violating this Section or a similar p
19		rovision of a local ordinance shall be subject to an a
20		dditional mandatory minimum fine of $500 and an additional m
21		andatory 5 days of community service in a program benefiting c
22		hildren if the person committed a violation of paragraph (a) o
23		r a similar provision of a local ordinance while transporting a
24		person under age 16. Every person convicted a second time for v
25		iolating this Section or a similar provision of a local o
26		rdinance within 5 years of a previous violation of this S
27		ection or a similar provision of a law of another state or l
28		ocal ordinance shall be subject to an additional mandatory m
29		inimum fine of $500 and an additional 10 days of mandatory c
30		ommunity service in a program benefiting children if the c
31		urrent offense was committed while transporting a person under a
32		ge 16. The imprisonment or assignment under this subsection s
33		hall not be subject to suspension nor shall the person be e
34		ligible for probation in order to reduce the sentence or a
35		ssignment. (
36		c-1) (1) A person who violates this Section during a p

1		eriod in which his or her driving privileges are revoked o
2		r suspended, where the revocation or suspension was for a v
3		iolation of this Section, Section 11-501.1, paragraph (b) o
4		f Section 11-401, or Section 9-3 of the Criminal Code of 1
5		961 is guilty of a Class 4 felony. (2) A person who violates this Section a third time d
7		uring a period in which his or her driving privileges are r
8		evoked or suspended where the revocation or suspension was f
9		or a violation of this Section, Section 11-501.1, p
10		aragraph (b) of Section 11-401, or Section 9-3 of the C
11		riminal Code of 1961 is guilty of a Class 3 felony. (3) A person who violates this Section a fourth or s
13		ubsequent time during a period in which his or her driving p
14		rivileges are revoked or suspended where the revocation or s
15		uspension was for a violation of this Section, Section 1
16		1-501.1, paragraph (b) of Section 11-401, or Section 9-3 o
17		f the Criminal Code of 1961 is guilty of a Class 2 felony. (
18		c-2) (Blank). (
19		c-3) Every person convicted of violating this Section or a s
20		imilar provision of a local ordinance who had a child under a
21		ge 16 in the vehicle at the time of the offense shall have his o
22		r her punishment under this Act enhanced by 2 days of i
23		mprisonment for a first offense, 10 days of imprisonment for a s
24		econd offense, 30 days of imprisonment for a third offense, a
25		nd 90 days of imprisonment for a fourth or subsequent offense, i
26		n addition to the fine and community service required under s
27		ubsection (c) and the possible imprisonment required under s
28		ubsection (d). The imprisonment or assignment under this s
29		ubsection shall not be subject to suspension nor shall the p
30		erson be eligible for probation in order to reduce the s
31		entence or assignment. (
32		c-4) When a person is convicted of violating Section 1
33		1-501 of this Code or a similar provision of a local o
34		rdinance, the following penalties apply when his or her blood, b
35		reath, or urine was .16 or more based on the definition of b
36		lood, breath, or urine units in Section 11-501.2 or when that p

1		erson is convicted of violating this Section while t
2		ransporting a child under the age of 16: (1) A person who is convicted of violating subsection (
4		a) of Section 11-501 of this Code a first time, in a
5		ddition to any other penalty that may be imposed under s
6		ubsection (c), is subject to a mandatory minimum of 100 h
7		ours of community service and a minimum fine of $500. (2) A person who is convicted of violating subsection (
9		a) of Section 11-501 of this Code a second time within 10 y
10		ears, in addition to any other penalty that may be imposed u
11		nder subsection (c), is subject to a mandatory minimum of 2
12		days of imprisonment and a minimum fine of $1,250. (3) A person who is convicted of violating subsection (
14		a) of Section 11-501 of this Code a third time within 20 y
15		ears is guilty of a Class 4 felony and, in addition to any o
16		ther penalty that may be imposed under subsection (c), is s
17		ubject to a mandatory minimum of 90 days of imprisonment a
18		nd a minimum fine of $2,500. (4) A person who is convicted of violating this s
20		ubsection (c-4) a fourth or subsequent time is guilty of a C
21		lass 2 felony and, in addition to any other penalty that m
22		ay be imposed under subsection (c), is not eligible for a s
23		entence of probation or conditional discharge and is s
24		ubject to a minimum fine of $2,500. (
25		d) (1) Every person convicted of committing a violation of t
26		his Section shall be guilty of aggravated driving under t
27		he influence of alcohol, other drug or drugs, or i
28		ntoxicating compound or compounds, or any combination t
29		hereof if: (A) the person committed a violation of this S
31		ection, or a similar provision of a law of another s
32		tate or a local ordinance when the cause of action is t
33		he same as or substantially similar to this Section, f
34		or the third or subsequent time; (B) the person committed a violation of paragraph (
36		a) while driving a school bus with children on board; (C) the person in committing a violation of p
2		aragraph (a) was involved in a motor vehicle accident t
3		hat resulted in great bodily harm or permanent d
4		isability or disfigurement to another, when the v
5		iolation was a proximate cause of the injuries; (D) the person committed a violation of paragraph (
7		a) for a second time and has been previously convicted o
8		f violating Section 9-3 of the Criminal Code of 1961 r
9		elating to reckless homicide in which the person was d
10		etermined to have been under the influence of alcohol, o
11		ther drug or drugs, or intoxicating compound or c
12		ompounds as an element of the offense or the person h
13		as previously been convicted under subparagraph (C) o
14		r subparagraph (F) of this paragraph (1); (E) the person, in committing a violation of p
16		aragraph (a) while driving at any speed in a school s
17		peed zone at a time when a speed limit of 20 miles per h
18		our was in effect under subsection (a) of Section 1
19		1-605 of this Code, was involved in a motor vehicle a
20		ccident that resulted in bodily harm, other than great b
21		odily harm or permanent disability or disfigurement, t
22		o another person, when the violation of paragraph (a) w
23		as a proximate cause of the bodily harm; or (F) the person, in committing a violation of p
25		aragraph (a), was involved in a motor vehicle, s
26		nowmobile, all-terrain vehicle, or watercraft a
27		ccident that resulted in the death of another person, w
28		hen the violation of paragraph (a) was a proximate c
29		ause of the death. (2) Except as provided in this paragraph (2), a
31		ggravated driving under the influence of alcohol, other d
32		rug or drugs, or intoxicating compound or compounds, or a
33		ny combination thereof is a Class 4 felony. For a v
34		iolation of subparagraph (C) of paragraph (1) of this s
35		ubsection (d), the defendant, if sentenced to a term of i
36		mprisonment, shall be sentenced to not less than one year n

1		or more than 12 years. Aggravated driving under the i
2		nfluence of alcohol, other drug or drugs, or intoxicating c
3		ompound or compounds, or any combination thereof as d
4		efined in subparagraph (F) of paragraph (1) of this s
5		ubsection (d) is a Class 2 felony, for which the d
6		efendant, if sentenced to a term of imprisonment, shall be s
7		entenced to: (A) a term of imprisonment of not less than 3 y
8		ears and not more than 14 years if the violation resulted i
9		n the death of one person; or (B) a term of imprisonment o
10		f not less than 6 years and not more than 28 years if the v
11		iolation resulted in the deaths of 2 or more persons. For a
12		ny prosecution under this subsection (d), a certified copy o
13		f the driving abstract of the defendant shall be admitted a
14		s proof of any prior conviction. (
15		e) After a finding of guilt and prior to any final s
16		entencing, or an order for supervision, for an offense based u
17		pon an arrest for a violation of this Section or a similar p
18		rovision of a local ordinance, individuals shall be required t
19		o undergo a professional evaluation to determine if an a
20		lcohol, drug, or intoxicating compound abuse problem exists a
21		nd the extent of the problem, and undergo the imposition of t
22		reatment as appropriate. Programs conducting these e
23		valuations shall be licensed by the Department of Human S
24		ervices. The cost of any professional evaluation shall be paid f
25		or by the individual required to undergo the professional e
26		valuation. (
27		e-1) Any person who is found guilty of or pleads guilty to v
28		iolating this Section, including any person receiving a d
29		isposition of court supervision for violating this Section, m
30		ay be required by the Court to attend a victim impact panel o
31		ffered by, or under contract with, a County State's Attorney's o
32		ffice, a probation and court services department, Mothers A
33		gainst Drunk Driving, or the Alliance Against Intoxicated M
34		otorists. All costs generated by the victim impact panel shall b
35		e paid from fees collected from the offender or as may be d
36		etermined by the court. (

1		f) Every person found guilty of violating this Section, w
2		hose operation of a motor vehicle while in violation of this S
3		ection proximately caused any incident resulting in an a
4		ppropriate emergency response, shall be liable for the expense o
5		f an emergency response as provided under Section 5-5-3 of the U
6		nified Code of Corrections. (
7		g) The Secretary of State shall revoke the driving p
8		rivileges of any person convicted under this Section or a s
9		imilar provision of a local ordinance. (
10		h) Every person sentenced under paragraph (2) or (3) of s
11		ubsection (c-1) of this Section or subsection (d) of this S
12		ection and who receives a term of probation or conditional d
13		ischarge shall be required to serve a minimum term of either 6
14		0 days community service or 10 days of imprisonment as a c
15		ondition of the probation or conditional discharge. This m
16		andatory minimum term of imprisonment or assignment of c
17		ommunity service shall not be suspended and shall not be s
18		ubject to reduction by the court. (
19		i) The Secretary of State shall require the use of i
20		gnition interlock devices on all vehicles owned by an i
21		ndividual who has been convicted of a second or subsequent o
22		ffense of this Section or a similar provision of a local o
23		rdinance. The Secretary shall establish by rule and regulation t
24		he procedures for certification and use of the interlock s
25		ystem. (
26		j) In addition to any other penalties and liabilities, a p
27		erson who is found guilty of or pleads guilty to violating t
28		his Section, including any person placed on court supervision f
29		or violating this Section, shall be fined $100, payable to the c
30		ircuit clerk, who shall distribute the money to the law e
31		nforcement agency that made the arrest. If the person has been p
32		reviously convicted of violating this Section or a similar p
33		rovision of a local ordinance, the fine shall be $200. In the e
34		vent that more than one agency is responsible for the arrest, t
35		he $100 or $200 shall be shared equally. Any moneys received b
36		y a law enforcement agency under this subsection (j) shall be u

1		sed to purchase law enforcement equipment that will assist in t
2		he prevention of alcohol related criminal violence throughout t
3		he State. This shall include, but is not limited to, in-car v
4		ideo cameras, radar and laser speed detection devices, and a
5		lcohol breath testers. Any moneys received by the Department o
6		f State Police under this subsection (j) shall be deposited i
7		nto the State Police DUI Fund and shall be used to purchase l
8		aw enforcement equipment that will assist in the prevention of a
9		lcohol related criminal violence throughout the State. (
10		k) The Secretary of State Police DUI Fund is created as a s
11		pecial fund in the State treasury. All moneys received by the S
12		ecretary of State Police under subsection (j) of this Section s
13		hall be deposited into the Secretary of State Police DUI Fund a
14		nd, subject to appropriation, shall be used to purchase law e
15		nforcement equipment to assist in the prevention of alcohol r
16		elated criminal violence throughout the State. (
17		Source: P.A. 92-248, eff. 8-3-01; 92-418, eff. 8-17-01; 9
18		2-420, eff. 8-17-01; 92-429, eff. 1-1-02; 92-431, eff. 1-1-02; 9
19		2-651, eff. 7-11-02; 93-156, eff. 1-1-04; 93-213, eff. 7
20		-18-03; 93-584, eff. 8-22-03; revised 8-27-03.) (
21		625 ILCS 5/11-605) (from Ch. 95 1/2, par. 11-605) S
22		ec. 11-605. Special speed limit while passing schools or w
23		hile traveling through highway construction or maintenance z
24		ones. (
25		a) For the purpose of this Section, "school" means the f
26		ollowing entities: (1) A public or private primary or secondary school. (2) A primary or secondary school operated by a r
29		eligious institution. (3) A public, private, or religious nursery school. O
31		n a school day when school children are present and so c
32		lose thereto that a potential hazard exists because of the c
33		lose proximity of the motorized traffic, no person shall drive a
34		motor vehicle at a speed in excess of 20 miles per hour while p
35		assing a school zone or while traveling on a roadway on public s

1		chool property or upon any public thoroughfare where children p
2		ass going to and from school. F
3		or the purpose of this Section a school day shall begin at s
4		even ante meridian and shall conclude at four post meridian. T
5		his Section shall not be applicable unless appropriate s
6		igns are posted upon streets and highways under their r
7		espective jurisdiction and maintained by the Department, t
8		ownship, county, park district, city, village or incorporated t
9		own wherein the school zone is located. With regard to the s
10		pecial speed limit while passing schools, such signs shall g
11		ive proper due warning that a school zone is being approached a
12		nd shall indicate the school zone and the maximum speed limit i
13		n effect during school days when school children are present. (
14		b) No person shall operate a motor vehicle in a c
15		onstruction or maintenance zone at a speed in excess of the p
16		osted speed limit when workers are present and so close to the m
17		oving traffic that a potential hazard exists because of the m
18		otorized traffic. (
19		c) Nothing in this Chapter shall prohibit the use of e
20		lectronic speed-detecting devices within 500 feet of signs w
21		ithin a special school speed zone or a construction or m
22		aintenance zone indicating such zone, as defined in this S
23		ection, nor shall evidence obtained thereby be inadmissible in a
24		ny prosecution for speeding provided the use of such device s
25		hall apply only to the enforcement of the speed limit in such s
26		pecial school speed zone or a construction or maintenance z
27		one. (
28		d) For the purpose of this Section, a construction or m
29		aintenance zone is an area in which the Department, Toll H
30		ighway Authority, or local agency has determined that the p
31		reexisting established speed limit through a highway c
32		onstruction or maintenance project is greater than is r
33		easonable or safe with respect to the conditions expected to e
34		xist in the construction or maintenance zone and has posted a l
35		ower speed limit with a highway construction or maintenance z
36		one special speed limit sign. H

1		ighway construction or maintenance zone special speed l
2		imit signs shall be of a design approved by the Department. T
3		he signs shall give proper due warning that a construction or m
4		aintenance zone is being approached and shall indicate the m
5		aximum speed limit in effect. The signs shall also state the a
6		mount of the minimum fine for a violation when workers are p
7		resent. (
8		e) A first violation of this Section is a petty offense w
9		ith a minimum fine of $150. A second or subsequent violation o
10		f this Section is a petty offense with a minimum fine of $300. (
11		f) When a fine for a violation of subsection (a) is $150 o
12		r greater, the person who violates subsection (a) shall be c
13		harged an additional $50 to be paid to the unit school d
14		istrict where the violation occurred for school safety p
15		urposes. If the violation occurred in a dual school district, $
16		25 of the surcharge shall be paid to the elementary school d
17		istrict for school safety purposes and $25 of the surcharge s
18		hall be paid to the high school district for school safety p
19		urposes. Notwithstanding any other provision of law, the e
20		ntire $50 surcharge shall be paid to the appropriate school d
21		istrict or districts. F
22		or purposes of this subsection (f), "school safety p
23		urposes" includes the costs associated with school zone safety e
24		ducation and the purchase, installation, and maintenance of c
25		aution lights which are mounted on school speed zone signs. (
26		g) When a fine for a violation of subsection (b) is $150 o
27		r greater, the person who violates subsection (b) shall be c
28		harged an additional $50. The $50 surcharge shall be deposited i
29		nto the Transportation Safety Highway Hire-back Fund. (
30		h) The Transportation Safety Highway Hire-back Fund is c
31		reated as a special fund in the State treasury. Subject to a
32		ppropriation by the General Assembly and approval by the S
33		ecretary, the Secretary of Transportation shall use all moneys i
34		n the Transportation Safety Highway Hire-back Fund to hire o
35		ff-duty Department of State Police officers to monitor c
36		onstruction or maintenance zones. (

1		Source: P.A. 91-531, eff. 1-1-00; 92-242, eff. 1-1-02; 92-619, e
2		ff. 1-1-03; 92-780, eff. 8-6-02; revised 8-22-02.) (
3		625 ILCS 5/11-1201) (from Ch. 95 1/2, par. 11-1201) S
4		ec. 11-1201. Obedience to signal indicating approach of t
5		rain. (
6		a) Whenever any person driving a vehicle approaches a r
7		ailroad grade crossing where the driver is not always required t
8		o stop, the person must exercise due care and caution as the e
9		xistence of a railroad track across a highway is a warning of d
10		anger, and under any of the circumstances stated in this S
11		ection, the driver shall stop within 50 feet but not less than 1
12		5 feet from the nearest rail of the railroad and shall not p
13		roceed until the tracks are clear and he or she can do so s
14		afely. The foregoing requirements shall apply when: 1. A clearly visible electric or mechanical signal d
16		evice gives warning of the immediate approach of a r
17		ailroad train; 2. A crossing gate is lowered or a human flagman gives o
19		r continues to give a signal of the approach or passage of a
20		railroad train; 3. A railroad train approaching a highway crossing e
22		mits a warning signal and such railroad train, by reason o
23		f its speed or nearness to such crossing, is an immediate h
24		azard; 4. An approaching railroad train is plainly visible and i
26		s in hazardous proximity to such crossing; 5. A railroad train is approaching so closely that an i
28		mmediate hazard is created. (
29		a-5) Whenever a person driving a vehicle approaches a r
30		ailroad grade crossing where the driver is not always required t
31		o stop but must slow down, the person must exercise due care a
32		nd caution as the existence of a railroad track across a h
33		ighway is a warning of danger, and under any of the c
34		ircumstances stated in this Section, the driver shall slow d
35		own within 50 feet but not less than 15 feet from the nearest r

1		ail of the railroad and shall not proceed until he or she c
2		hecks that the tracks are clear of an approaching train. (
3		b) No person shall drive any vehicle through, around or u
4		nder any crossing gate or barrier at a railroad crossing while s
5		uch gate or barrier is closed or is being opened or closed. (
6		c) The Department, and local authorities with the approval o
7		f the Department, are hereby authorized to designate p
8		articularly dangerous highway grade crossings of railroads a
9		nd to erect stop signs thereat. When such stop signs are e
10		rected the driver of any vehicle shall stop within 50 feet but n
11		ot less than 15 feet from the nearest rail of such railroad a
12		nd shall proceed only upon exercising due care. (
13		d) At any railroad grade crossing provided with railroad c
14		rossbuck signs, without automatic, electric, or mechanical s
15		ignal devices, crossing gates, or a human flagman giving a s
16		ignal of the approach or passage of a train, the driver of a v
17		ehicle shall in obedience to the railroad crossbuck sign, y
18		ield the right-of-way and slow down to a speed reasonable for t
19		he existing conditions and shall stop, if required for safety, a
20		t a clearly marked stopped line, or if no stop line, within 50 f
21		eet but not less than 15 feet from the nearest rail of the r
22		ailroad and shall not proceed until he or she can do so s
23		afely. If a driver is involved in a collision at a railroad c
24		rossing or interferes with the movement of a train after d
25		riving past the railroad crossbuck sign, the collision or i
26		nterference is prima facie evidence of the driver's failure to y
27		ield right-of-way. (
28		d-1) No person shall, while driving a commercial motor v
29		ehicle, fail to negotiate a railroad-highway grade railroad c
30		rossing because of insufficient undercarriage clearance. (
31		d-5) (Blank). (
32		e) It is unlawful to violate any part of this Section. (1) A violation of this Section is a petty offense for w
34		hich a fine of $250 shall be imposed for a first v
35		iolation, and a fine of $500 shall be imposed for a second o
36		r subsequent violation. The court may impose 25 hours of c

1		ommunity service in place of the $250 fine for the first v
2		iolation. (2) For a second or subsequent violation, the Secretary o
4		f State may suspend the driving privileges of the offender f
5		or a minimum of 6 months. (
6		f) Corporate authorities of municipal corporations r
7		egulating operators of vehicles that fail to obey signals i
8		ndicating the presence, approach, passage, or departure of a t
9		rain shall impose fines as established in subsection (e) of t
10		his Section. (
11		Source: P.A. 92-245, eff. 8-3-01; 92-249, eff. 1-1-02; 92-651, e
12		ff. 7-11-02; 92-814, eff. 1-1-03; 92-834, eff. 8-22-02; r
13		evised 8-26-02.) (
14		625 ILCS 5/11-1414) (from Ch. 95 1/2, par. 11-1414) S
15		ec. 11-1414. Approaching, overtaking, and passing school b
16		us. (
17		a) The driver of a vehicle shall stop such vehicle before m
18		eeting or overtaking, from either direction, any school bus s
19		topped at any location for the purpose of receiving or d
20		ischarging pupils. Such stop is required before reaching the s
21		chool bus when there is in operation on the school bus the v
22		isual signals as specified in Sections 12-803 and 12-805 of t
23		his Code. The driver of the vehicle shall not proceed until t
24		he school bus resumes motion or the driver of the vehicle is s
25		ignaled by the school bus driver to proceed or the visual s
26		ignals are no longer actuated. (
27		b) The stop signal arm required by Section 12-803 of this C
28		ode shall be extended after the school bus has come to a c
29		omplete stop for the purpose of loading or discharging pupils a
30		nd shall be closed before the school bus is placed in motion a
31		gain. The stop signal arm shall not be extended at any other t
32		ime. (
33		c) The alternately flashing red signal lamps of an 8-lamp f
34		lashing signal system required by Section 12-805 of this Code s
35		hall be actuated after the school bus has come to a complete s

1		top for the purpose of loading or discharging pupils and shall b
2		e turned off before the school bus is placed in motion again. T
3		he red signal lamps shall not be actuated at any other time e
4		xcept as provided in paragraph (d) of this Section. (
5		d) The alternately flashing amber signal lamps of an 8
6		-lamp flashing signal system required by Section 12-805 of t
7		his Code shall be actuated continuously during not less than t
8		he last 100 feet traveled by the school bus before stopping f
9		or the purpose of loading or discharging pupils within an u
10		rban area and during not less than the last 200 feet traveled b
11		y the school bus outside an urban area. The amber signal lamps s
12		hall remain actuated until the school bus is stopped. The a
13		mber signal lamps shall not be actuated at any other time. (
14		d-5) The alternately flashing head lamps permitted by S
15		ection 12-805 of this Code may be operated while the a
16		lternately flashing red or amber signal lamps required by that S
17		ection are actuated. (
18		e) The driver of a vehicle upon a highway having 4 or more l
19		anes which permits at least 2 lanes of traffic to travel in o
20		pposite directions need not stop such vehicle upon meeting a s
21		chool bus which is stopped in the opposing roadway; and need n
22		ot stop such vehicle when driving upon a controlled access h
23		ighway when passing a school bus traveling in either direction t
24		hat is stopped in a loading zone adjacent to the surfaced or i
25		mproved part of the controlled access highway where p
26		edestrians are not permitted to cross. (
27		f) Beginning with the effective date of this amendatory A
28		ct of 1985, the Secretary of State shall suspend for a period o
29		f 3 months the driving privileges of any person convicted of a v
30		iolation of subsection (a) of this Section or a similar p
31		rovision of a local ordinance; the Secretary shall suspend for a
32		period of one year the driving privileges of any person c
33		onvicted of a second or subsequent violation of subsection (a) o
34		f this Section or a similar provision of a local ordinance if t
35		he second or subsequent violation occurs within 5 years of a p
36		rior conviction for the same offense. In addition to the s

1		uspensions authorized by this Section, any person convicted of v
2		iolating this Section or a similar provision of a local o
3		rdinance shall be subject to a mandatory fine of $150 or, upon a
4		second or subsequent violation, $500. The Secretary may also g
5		rant, for the duration of any suspension issued under this s
6		ubsection, a restricted driving permit granting the privilege o
7		f driving a motor vehicle between the driver's residence and p
8		lace of employment or within other proper limits that the S
9		ecretary of State shall find necessary to avoid any undue h
10		ardship. A restricted driving permit issued hereunder shall be s
11		ubject to cancellation, revocation and suspension by the S
12		ecretary of State in like manner and for like cause as a d
13		river's license may be cancelled, revoked or suspended; except t
14		hat a conviction upon one or more offenses against laws or o
15		rdinances regulating the movement of traffic shall be deemed s
16		ufficient cause for the revocation, suspension or c
17		ancellation of the restricted driving permit. The Secretary of S
18		tate may, as a condition to the issuance of a restricted d
19		riving permit, require the applicant to participate in a d
20		esignated driver remedial or rehabilitative program. Any c
21		onviction for a violation of this subsection shall be included a
22		s an offense for the purposes of determining suspension action u
23		nder any other provision of this Code, provided however, that t
24		he penalties provided under this subsection shall be imposed u
25		nless those penalties imposed under other applicable p
26		rovisions are greater. T
27		he owner of any vehicle alleged to have violated paragraph (
28		a) of this Section shall, upon appropriate demand by the S
29		tate's Attorney or other authorized prosecutor acting in r
30		esponse to a signed complaint, provide a written statement or d
31		eposition identifying the operator of the vehicle if such o
32		perator was not the owner at the time of the alleged v
33		iolation. Failure to supply such information shall be c
34		onstrued to be the same as a violation of paragraph (a) and s
35		hall be subject to the same penalties herein provided. In the e
36		vent the owner has assigned control for the use of the vehicle t

1		o another, the person to whom control was assigned shall c
2		omply with the provisions of this paragraph and be subject to t
3		he same penalties as herein provided. (
4		Source: P.A. 93-180, eff. 7-11-03; 93-181, eff. 1-1-04; r
5		evised 8-12-03.) (
6		625 ILCS 5/15-111) (from Ch. 95 1/2, par. 15-111) S
7		ec. 15-111. Wheel and axle loads and gross weights. (
8		a) On non-designated highways, no vehicle or combination o
9		f vehicles equipped with pneumatic tires may be operated, u
10		nladen or with load, when the total weight transmitted to the r
11		oad surface exceeds 18,000 pounds on a single axle or 32,000 p
12		ounds on a tandem axle with no axle within the tandem e
13		xceeding 18,000 pounds except: (1) when a different limit is established and posted in a
15		ccordance with Section 15-316 of this Code; (2) vehicles for which the Department of T
17		ransportation and local authorities issue overweight p
18		ermits under authority of Section 15-301 of this Code; (3) tow trucks subject to the conditions provided in s
20		ubsection (d) may not exceed 24,000 pounds on a single r
21		ear axle or 44,000 pounds on a tandem rear axle; (4) any single axle of a 2-axle truck weighing 36,000 p
23		ounds or less and not a part of a combination of vehicles, s
24		hall not exceed 20,000 pounds; (5) any single axle of a 2-axle truck equipped with a p
26		ersonnel lift or digger derrick, weighing 36,000 pounds or l
27		ess, owned and operated by a public utility, shall not e
28		xceed 20,000 pounds; (6) any single axle of a 2-axle truck specially e
30		quipped with a front loading compactor used exclusively f
31		or garbage, refuse, or recycling may not exceed 20,000 p
32		ounds per axle, provided that the gross weight of the v
33		ehicle does not exceed 40,000 pounds; (7) a truck, not in combination and specially equipped w
35		ith a selfcompactor or an industrial roll-off hoist and r

1		oll-off container, used exclusively for garbage or refuse o
2		perations may, when laden, transmit upon the road surface t
3		he following maximum weights: 22,000 pounds on a single a
4		xle; 40,000 pounds on a tandem axle; (8) a truck, not in combination and used exclusively f
6		or the collection of rendering materials, may, when laden, t
7		ransmit upon the road surface the following maximum w
8		eights: 22,000 pounds on a single axle; 40,000 pounds on a t
9		andem axle; (9) tandem axles on a 3-axle truck registered as a S
11		pecial Hauling Vehicle, manufactured prior to or in the m
12		odel year of 2014 and first registered in Illinois prior t
13		o January 1, 2015, with a distance greater than 72 inches b
14		ut not more than 96 inches between any series of 2 axles, i
15		s allowed a combined weight on the series not to exceed 3
16		6,000 pounds and neither axle of the series may exceed 1
17		8,000 pounds. Any vehicle of this type manufactured after t
18		he model year of 2014 or first registered in Illinois a
19		fter December 31, 2014 may not exceed a combined weight of 3
20		2,000 pounds through the series of 2 axles and neither a
21		xle of the series may exceed 18,000 pounds; (10) tandem axles on a 4-axle truck mixer, whose fourth a
23		xle is a road surface engaging mixer trailing axle, r
24		egistered as a Special Hauling Vehicle, used exclusively f
25		or the mixing and transportation of concrete and m
26		anufactured prior to or in the model year of 2014 and f
27		irst registered in Illinois prior to January 1, 2015, with a
28		distance greater than 72 inches but not more than 96 i
29		nches between any series of 2 axles, is allowed a combined w
30		eight on the series not to exceed 36,000 pounds and n
31		either axle of the series may exceed 18,000 pounds. Any v
32		ehicle of this type manufactured after the model year of 2
33		014 or first registered in Illinois after December 31, 2
34		014 may not exceed a combined weight of 32,000 pounds t
35		hrough the series of 2 axles and neither axle of the s
36		eries may exceed 18,000 pounds; (11) 4-axle vehicles or a 5 or more axle combination of v
2		ehicles: The weight transmitted upon the road surface t
3		hrough any series of 3 axles whose centers are more than 9
4		6 inches apart, measured between extreme axles in the s
5		eries, may not exceed those allowed in the table contained i
6		n subsection (f) of this Section. No axle or tandem axle o
7		f the series may exceed the maximum weight permitted under t
8		his Section for a single or tandem axle. N
9		o vehicle or combination of vehicles equipped with other t
10		han pneumatic tires may be operated, unladen or with load, u
11		pon the highways of this State when the gross weight on the r
12		oad surface through any wheel exceeds 800 pounds per inch w
13		idth of tire tread or when the gross weight on the road s
14		urface through any axle exceeds 16,000 pounds. (
15		b) On non-designated highways, the gross weight of v
16		ehicles and combination of vehicles including the weight of t
17		he vehicle or combination and its maximum load shall be s
18		ubject to the foregoing limitations and further shall not e
19		xceed the following gross weights dependent upon the number of a
20		xles and distance between extreme axles of the vehicle or c
21		ombination measured longitudinally to the nearest foot. V
22		EHICLES HAVING 2 AXLES ........................ 36,000 pounds V
23		EHICLES OR COMBINATIONS H
24		AVING 3 AXLES
W M d n b e 1 1 1

V

1 1 1 M d n b e 1 1 1 1 1 2 2 2 2 2 2 A M n e 4 4 4
34		EHICLES OPERATING ON CRAWLER TYPE TRACKS ...... 40,000 pounds T

1		RUCKS EQUIPPED WITH SELFCOMPACTORS O
2		R ROLL-OFF HOISTS AND ROLL-OFF CONTAINERS FOR GARBAGE O
3		R REFUSE HAULS ONLY AND TRUCKS USED FOR T
4		HE COLLECTION OF RENDERING MATERIALS O
5		n Highway Not Part of National System o
6		f Interstate and Defense Highways w
7		ith 2 axles 36,000 pounds w
8		ith 3 axles 54,000 pounds T
9		WO AXLE TRUCKS EQUIPPED WITH A
10		FRONT LOADING COMPACTOR USED EXCLUSIVELY F
11		OR THE COLLECTION OF GARBAGE, REFUSE, OR RECYCLING w
12		ith 2 axles 40,000 pounds (
13		c) Cities having a population of more than 50,000 may p
14		ermit by ordinance axle loads on 2 axle motor vehicles 33 1/2% a
15		bove those provided for herein, but the increase shall not b
16		ecome effective until the city has officially notified the D
17		epartment of the passage of the ordinance and shall not apply t
18		o those vehicles when outside of the limits of the city, nor s
19		hall the gross weight of any 2 axle motor vehicle operating o
20		ver any street of the city exceed 40,000 pounds. (
21		d) Weight limitations shall not apply to vehicles (
22		including loads) operated by a public utility when t
23		ransporting equipment required for emergency repair of public u
24		tility facilities or properties or water wells. A
25		combination of vehicles, including a tow truck and a d
26		isabled vehicle or disabled combination of vehicles, that e
27		xceeds the weight restriction imposed by this Code, may be o
28		perated on a public highway in this State provided that n
29		either the disabled vehicle nor any vehicle being towed nor t
30		he tow truck itself shall exceed the weight limitations p
31		ermitted under this Chapter. During the towing operation, n
32		either the tow truck nor the vehicle combination shall exceed 2
33		4,000 pounds on a single rear axle and 44,000 pounds on a t
34		andem rear axle, provided the towing vehicle: (1) is specifically designed as a tow truck having a g
2		ross vehicle weight rating of at least 18,000 pounds and i
3		s equipped with air brakes, provided that air brakes are r
4		equired only if the towing vehicle is towing a vehicle, s
5		emitrailer, or tractor-trailer combination that is e
6		quipped with air brakes; (2) is equipped with flashing, rotating, or o
8		scillating amber lights, visible for at least 500 feet in a
9		ll directions; (3) is capable of utilizing the lighting and braking s
11		ystems of the disabled vehicle or combination of vehicles; a
12		nd (4) does not engage in a tow exceeding 20 miles from t
14		he initial point of wreck or disablement. Any additional m
15		ovement of the vehicles may occur only upon issuance of a
16		uthorization for that movement under the provisions of S
17		ections 15-301 through 15-319 of this Code. G
18		ross weight limits shall not apply to the combination of t
19		he tow truck and vehicles being towed. The tow truck license p
20		late must cover the operating empty weight of the tow truck o
21		nly. The weight of each vehicle being towed shall be covered b
22		y a valid license plate issued to the owner or operator of the v
23		ehicle being towed and displayed on that vehicle. If no valid p
24		late issued to the owner or operator of that vehicle is d
25		isplayed on that vehicle, or the plate displayed on that v
26		ehicle does not cover the weight of the vehicle, the weight of t
27		he vehicle shall be covered by the third tow truck plate i
28		ssued to the owner or operator of the tow truck and t
29		emporarily affixed to the vehicle being towed. T
30		he Department may by rule or regulation prescribe a
31		dditional requirements. However, nothing in this Code shall p
32		rohibit a tow truck under instructions of a police officer f
33		rom legally clearing a disabled vehicle, that may be in v
34		iolation of weight limitations of this Chapter, from the r
35		oadway to the berm or shoulder of the highway. If in the o
36		pinion of the police officer that location is unsafe, the o

*

1		fficer is authorized to have the disabled vehicle towed to the n
2		earest place of safety. F
3		or the purpose of this subsection, gross vehicle weight r
4		ating, or GVWR, shall mean the value specified by the m
5		anufacturer as the loaded weight of the tow truck. (
6		e) No vehicle or combination of vehicles equipped with p
7		neumatic tires shall be operated, unladen or with load, upon t
8		he highways of this State in violation of the provisions of a
9		ny permit issued under the provisions of Sections 15-301 t
10		hrough 15-319 of this Chapter. (
11		f) On designated Class I, II, or III highways and the N
12		ational System of Interstate and Defense Highways, no vehicle o
13		r combination of vehicles with pneumatic tires may be o
14		perated, unladen or with load, when the total weight on the r
15		oad surface exceeds the following: 20,000 pounds on a single a
16		xle; 34,000 pounds on a tandem axle with no axle within the t
17		andem exceeding 20,000 pounds; 80,000 pounds gross weight for v
18		ehicle combinations of 5 or more axles; or a total weight on a g
19		roup of 2 or more consecutive axles in excess of that weight p
20		roduced by the application of the following formula: W = 500 t
21		imes the sum of (LN divided by N-1) + 12N + 36, where "W" e
22		quals overall total weight on any group of 2 or more c
23		onsecutive axles to the nearest 500 pounds, "L" equals the d
24		istance measured to the nearest foot between extremes of any g
25		roup of 2 or more consecutive axles, and "N" equals the number o
26		f axles in the group under consideration. T
27		he above formula when expressed in tabular form results in a
28		llowable loads as follows: D
29		istance measured t
30		o the nearest f
31		oot between the e
32		xtremes of any Maximum weight in pounds g
33		roup of 2 or of any group of m
34		ore consecutive 2 or more consecutive axles a
35		xles
f 4 5 6 7 8 9 1 1 1 1 1 1 1 1 1 1 2 2 2 2 2 2 2 2 2 2 3 3 3 3 3 3 3 3 3 3 4 4 4 4 4 4 4 4 4 4 5 5 5 5 5 5 5 5
20		If the distance between 2 axles is 96 inches or less, the 2 a
21		xles are tandem axles and the maximum total weight may not e
22		xceed 34,000 pounds, notwithstanding the higher limit r
23		esulting from the application of the formula. V
24		ehicles not in a combination having more than 4 axles may n
25		ot exceed the weight in the table in this subsection (f) for 4 a
26		xles measured between the extreme axles of the vehicle. V
27		ehicles in a combination having more than 6 axles may not e
28		xceed the weight in the table in this subsection (f) for 6 a
29		xles measured between the extreme axles of the combination. L
30		ocal authorities, with respect to streets and highways u
31		nder their jurisdiction, without additional fees, may also by o
32		rdinance or resolution allow the weight limitations of this s
33		ubsection, provided the maximum gross weight on any one axle s
34		hall not exceed 20,000 pounds and the maximum total weight on a
35		ny tandem axle shall not exceed 34,000 pounds, on designated h
36		ighways when appropriate regulatory signs giving notice are e

1		rected upon the street or highway or portion of any street or h
2		ighway affected by the ordinance or resolution. T
3		he following are exceptions to the above formula: (1) Two consecutive sets of tandem axles may carry a t
5		otal weight of 34,000 pounds each if the overall distance b
6		etween the first and last axles of the consecutive sets of t
7		andem axles is 36 feet or more. (2) Vehicles for which a different limit is established a
9		nd posted in accordance with Section 15-316 of this Code. (3) Vehicles for which the Department of T
11		ransportation and local authorities issue overweight p
12		ermits under authority of Section 15-301 of this Code. T
13		hese vehicles are not subject to the bridge formula. (4) Tow trucks subject to the conditions provided in s
15		ubsection (d) may not exceed 24,000 pounds on a single r
16		ear axle or 44,000 pounds on a tandem rear axle. (5) A tandem axle on a 3-axle truck registered as a S
18		pecial Hauling Vehicle, manufactured prior to or in the m
19		odel year of 2014, and registered in Illinois prior to J
20		anuary 1, 2015, with a distance between 2 axles in a s
21		eries greater than 72 inches but not more than 96 inches m
22		ay not exceed a total weight of 36,000 pounds and neither a
23		xle of the series may exceed 18,000 pounds. (6) A truck not in combination, equipped with a self c
25		ompactor or an industrial roll-off hoist and roll-off c
26		ontainer, used exclusively for garbage or refuse o
27		perations, may, when laden, transmit upon the road s
28		urface, except when on part of the National System of I
29		nterstate and Defense Highways, the following maximum w
30		eights: 22,000 pounds on a single axle; 40,000 pounds on a t
31		andem axle; 36,000 pounds gross weight on a 2-axle v
32		ehicle; 54,000 pounds gross weight on a 3-axle vehicle. T
33		his vehicle is not subject to the bridge formula. (7) Combinations of vehicles, registered as Special H
35		auling Vehicles that include a semitrailer manufactured p
36		rior to or in the model year of 2014, and registered in I

1		llinois prior to January 1, 2015, having 5 axles with a d
2		istance of 42 feet or less between extreme axles, may not e
3		xceed the following maximum weights: 18,000 pounds on a s
4		ingle axle; 32,000 pounds on a tandem axle; and 72,000 p
5		ounds gross weight. This combination of vehicles is not s
6		ubject to the bridge formula. For all those combinations o
7		f vehicles that include a semitrailer manufactured after t
8		he effective date of this amendatory Act of the 92nd G
9		eneral Assembly, the overall distance between the first a
10		nd last axles of the 2 sets of tandems must be 18 feet 6 i
11		nches or more. Any combination of vehicles that has had i
12		ts cargo container replaced in its entirety after December 3
13		1, 2014 may not exceed the weights allowed by the bridge f
14		ormula. N
15		o vehicle or combination of vehicles equipped with other t
16		han pneumatic tires may be operated, unladen or with load, u
17		pon the highways of this State when the gross weight on the r
18		oad surface through any wheel exceeds 800 pounds per inch w
19		idth of tire tread or when the gross weight on the road s
20		urface through any axle exceeds 16,000 pounds. (
21		f-1) A vehicle and load not exceeding 73,280 pounds is a
22		llowed access as follows: (1) From any State designated highway onto any county, t
24		ownship, or municipal highway for a distance of 5 highway m
25		iles for the purpose of loading and unloading, provided: (A) The vehicle and load does not exceed 8 feet 6 i
27		nches in width and 65 feet overall length. (B) There is no sign prohibiting that access. (C) The route is not being used as a thoroughfare b
30		etween State designated highways. (2) From any State designated highway onto any county o
32		r township highway for a distance of 5 highway miles, or a
33		ny municipal highway for a distance of one highway mile f
34		or the purpose of food, fuel, repairs, and rest, provided: (A) The vehicle and load does not exceed 8 feet 6 i
36		nches in width and 65 feet overall length. (B) There is no sign prohibiting that access. (C) The route is not being used as a thoroughfare b
3		etween State designated highways. (
4		f-2) A vehicle and load greater than 73,280 pounds in w
5		eight but not exceeding 80,000 pounds is allowed access as f
6		ollows: (1) From a Class I highway onto any street or highway f
8		or a distance of one highway mile for the purpose of l
9		oading, unloading, food, fuel, repairs, and rest, p
10		rovided there is no sign prohibiting that access. (2) From a Class I, II, or III highway onto any State h
12		ighway or any local designated highway for a distance of 5 h
13		ighway miles for the purpose of loading, unloading, food, f
14		uel, repairs, and rest. S
15		ection 5-35 of the Illinois Administrative Procedure Act r
16		elating to procedures for rulemaking shall not apply to the d
17		esignation of highways under this subsection. (
18		g) No person shall operate a vehicle or combination of v
19		ehicles over a bridge or other elevated structure constituting p
20		art of a highway with a gross weight that is greater than the m
21		aximum weight permitted by the Department, when the structure i
22		s sign posted as provided in this Section. (
23		h) The Department upon request from any local authority s
24		hall, or upon its own initiative may, conduct an investigation o
25		f any bridge or other elevated structure constituting a part o
26		f a highway, and if it finds that the structure cannot with s
27		afety to itself withstand the weight of vehicles otherwise p
28		ermissible under this Code the Department shall determine and d
29		eclare the maximum weight of vehicles that the structures can w
30		ithstand, and shall cause or permit suitable signs stating m
31		aximum weight to be erected and maintained before each end of t
32		he structure. No person shall operate a vehicle or combination o
33		f vehicles over any structure with a gross weight that is g
34		reater than the posted maximum weight. (
35		i) Upon the trial of any person charged with a violation o
36		f subsections (g) or (h) of this Section, proof of the d

1		etermination of the maximum allowable weight by the Department a
2		nd the existence of the signs, constitutes conclusive evidence o
3		f the maximum weight that can be maintained with safety to the b
4		ridge or structure. (
5		Source: P.A. 92-417, eff. 1-1-02; 93-177, eff. 7-11-03; 9
6		3-186, eff. 1-1-04; revised 1-22-04.) (
7		625 ILCS 5/18b-105) (from Ch. 95 1/2, par. 18b-105) S
8		ec. 18b-105. Rules and Regulations. (
9		a) The Department is authorized to make and adopt r
10		easonable rules and regulations and orders consistent with law n
11		ecessary to carry out the provisions of this Chapter. (
12		b) The following parts of Title 49 of the Code of Federal R
13		egulations, as now in effect, are hereby adopted by reference a
14		s though they were set out in full: P
15		art 383 - Commercial Driver's License Standards, R
16		equirements, and Penalties; P
17		art 385 - Safety Fitness Procedures; P
18		art 390 - Federal Motor Carrier Safety Regulations: G
19		eneral; P
20		art 391 - Qualifications of Drivers; P
21		art 392 - Driving of Motor Vehicles; P
22		art 393 - Parts and Accessories Necessary for Safe O
23		peration; P
24		art 395 - Hours of Service of Drivers, except as provided i
25		n Section 18b-106.1; and P
26		art 396 - Inspection, Repair and Maintenance. (
27		b-5) Individuals who meet the requirements set forth in t
28		he definition of "medical examiner" in Section 390.5 of Part 3
29		90 of Title 49 of the Code of Federal Regulations may act as m
30		edical examiners in accordance with Part 391 of Title 49 of t
31		he Code of Federal Regulations. (
32		c) The following parts and Sections of the Federal Motor C
33		arrier Safety Regulations shall not apply to those intrastate c
34		arriers, drivers or vehicles subject to subsection (b). (1) Section 393.93 of Part 393 for those vehicles m

1		anufactured before June 30, 1972. (2) Section 393.86 of Part 393 for those vehicles which a
3		re registered as farm trucks under subsection (c) of S
4		ection 3-815 of this Code. (3) (Blank). (4) (Blank). (5) Paragraph (b)(1) of Section 391.11 of Part 391. (6) All of Part 395 for all agricultural movements as d
9		efined in Chapter 1, between the period of February 1 t
10		hrough November 30 each year, and all farm to market a
11		gricultural transportation as defined in Chapter 1 and for g
12		rain hauling operations within a radius of 200 air miles o
13		f the normal work reporting location. (7) Paragraphs (b)(3) (insulin dependent diabetic) and (
15		b)(10) (minimum visual acuity) of Section 391.41 of part 3
16		91, but only for any driver who immediately prior to July 2
17		9, 1986 was eligible and licensed to operate a motor v
18		ehicle subject to this Section and was engaged in o
19		perating such vehicles, and who was disqualified on July 2
20		9, 1986 by the adoption of Part 391 by reason of the a
21		pplication of paragraphs (b)(3) and (b)(10) of Section 3
22		91.41 with respect to a physical condition existing at t
23		hat time unless such driver has a record of accidents w
24		hich would indicate a lack of ability to operate a motor v
25		ehicle in a safe manner. (
26		d) Intrastate carriers subject to the recording p
27		rovisions of Section 395.8 of Part 395 of the Federal Motor C
28		arrier Safety Regulations shall be exempt as established under p
29		aragraph (1) of Section 395.8; provided, however, for the p
30		urpose of this Code, drivers shall operate within a 150 a
31		ir-mile radius of the normal work reporting location to q
32		ualify for exempt status. (
33		e) Regulations adopted by the Department subsequent to t
34		hose adopted under subsection (b) hereof shall be identical in s
35		ubstance to the Federal Motor Carrier Safety Regulations of t
36		he United States Department of Transportation and adopted in a

1		ccordance with the procedures for rulemaking in Section 5-35 o
2		f the Illinois Administrative Procedure Act. (
3		Source: P.A. 91-179, eff. 1-1-00; 92-108; eff. 1-1-02; 92-249; e
4		ff. 1-1-02; 92-651, eff. 7-11-02; 92-703, eff. 7-19-02; r
5		evised 7-30-02.)

6		ection 460. The Clerks of Courts Act is amended by c
7		hanging Sections 27.1a, 27.2, and 27.2a as follows: (
8		705 ILCS 105/27.1a) (from Ch. 25, par. 27.1a) S
9		ec. 27.1a. The fees of the clerks of the circuit court in a
10		ll counties having a population of not more than 500,000 i
11		nhabitants in the instances described in this Section shall be a
12		s provided in this Section. In those instances where a minimum a
13		nd maximum fee is stated, the clerk of the circuit court must c
14		harge the minimum fee listed and may charge up to the maximum f
15		ee if the county board has by resolution increased the fee. T
16		he fees shall be paid in advance and shall be as follows: (
17		a) Civil Cases. The fee for filing a complaint, petition, or other p
19		leading initiating a civil action, with the following e
20		xceptions, shall be a minimum of $40 and a maximum of $
21		160. (A) When the amount of money or damages or the v
23		alue of personal property claimed does not exceed $
24		250, $10. (B) When that amount exceeds $250 but does not e
26		xceed $500, a minimum of $10 and a maximum of $20. (C) When that amount exceeds $500 but does not e
28		xceed $2500, a minimum of $25 and a maximum of $40. (D) When that amount exceeds $2500 but does not e
30		xceed $15,000, a minimum of $25 and a maximum of $75. (E) For the exercise of eminent domain, a minimum o
32		f $45 and a maximum of $150. For each additional lot o
33		r tract of land or right or interest therein subject t
34		o be condemned, the damages in respect to which shall r

1		equire separate assessment by a jury, a minimum of $45 a
2		nd a maximum of $150. (
3		a-1) Family. For filing a petition under the Juvenile Court Act of 1
5		987, $25. For filing a petition for a marriage license, $10. For performing a marriage in court, $10. For filing a petition under the Illinois Parentage Act o
9		f 1984, $40. (
10		b) Forcible Entry and Detainer. In each forcible entry and detainer case when the p
12		laintiff seeks possession only or unites with his or her c
13		laim for possession of the property a claim for rent or d
14		amages or both in the amount of $15,000 or less, a minimum o
15		f $10 and a maximum of $50. When the plaintiff unites his o
16		r her claim for possession with a claim for rent or d
17		amages or both exceeding $15,000, a minimum of $40 and a m
18		aximum of $160. (
19		c) Counterclaim or Joining Third Party Defendant. When any defendant files a counterclaim as part of his o
21		r her answer or otherwise or joins another party as a t
22		hird party defendant, or both, the defendant shall pay a f
23		ee for each counterclaim or third party action in an a
24		mount equal to the fee he or she would have had to pay had h
25		e or she brought a separate action for the relief sought i
26		n the counterclaim or against the third party defendant, l
27		ess the amount of the appearance fee, if that has been p
28		aid. (
29		d) Confession of Judgment. In a confession of judgment when the amount does not e
31		xceed $1500, a minimum of $20 and a maximum of $50. When t
32		he amount exceeds $1500, but does not exceed $15,000, a m
33		inimum of $40 and a maximum of $115. When the amount e
34		xceeds $15,000, a minimum of $40 and a maximum of $200. (
35		e) Appearance. The fee for filing an appearance in each civil case s

1		hall be a minimum of $15 and a maximum of $60, except as f
2		ollows: (A) When the plaintiff in a forcible entry and d
4		etainer case seeks possession only, a minimum of $10 a
5		nd a maximum of $50. (B) When the amount in the case does not exceed $
7		1500, a minimum of $10 and a maximum of $30. (C) When that amount exceeds $1500 but does not e
9		xceed $15,000, a minimum of $15 and a maximum of $60. (
10		f) Garnishment, Wage Deduction, and Citation. In garnishment affidavit, wage deduction affidavit, a
12		nd citation petition when the amount does not exceed $
13		1,000, a minimum of $5 and a maximum of $15; when the a
14		mount exceeds $1,000 but does not exceed $5,000, a minimum o
15		f $5 and a maximum of $30; and when the amount exceeds $
16		5,000, a minimum of $5 and a maximum of $50. (
17		g) Petition to Vacate or Modify. (1) Petition to vacate or modify any final judgment or o
19		rder of court, except in forcible entry and detainer cases a
20		nd small claims cases or a petition to reopen an estate, t
21		o modify, terminate, or enforce a judgment or order for c
22		hild or spousal support, or to modify, suspend, or t
23		erminate an order for withholding, if filed before 30 days a
24		fter the entry of the judgment or order, a minimum of $20 a
25		nd a maximum of $50. (2) Petition to vacate or modify any final judgment or o
27		rder of court, except a petition to modify, terminate, or e
28		nforce a judgment or order for child or spousal support or t
29		o modify, suspend, or terminate an order for withholding, i
30		f filed later than 30 days after the entry of the judgment o
31		r order, a minimum of $20 and a maximum of $75. (3) Petition to vacate order of bond forfeiture, a m
33		inimum of $10 and a maximum of $40. (
34		h) Mailing. When the clerk is required to mail, the fee will be a m
36		inimum of $2 and a maximum of $10, plus the cost of p

1		ostage. (
2		i) Certified Copies. Each certified copy of a judgment after the first, e
4		xcept in small claims and forcible entry and detainer c
5		ases, a minimum of $2 and a maximum of $10. (
6		j) Habeas Corpus. For filing a petition for relief by habeas corpus, a m
8		inimum of $60 and a maximum of $100. (
9		k) Certification, Authentication, and Reproduction. (1) Each certification or authentication for taking t
11		he acknowledgment of a deed or other instrument in writing w
12		ith the seal of office, a minimum of $2 and a maximum of $
13		6. (2) Court appeals when original documents are f
15		orwarded, under 100 pages, plus delivery and costs, a m
16		inimum of $20 and a maximum of $60. (3) Court appeals when original documents are f
18		orwarded, over 100 pages, plus delivery and costs, a m
19		inimum of $50 and a maximum of $150. (4) Court appeals when original documents are f
21		orwarded, over 200 pages, an additional fee of a minimum o
22		f 20 cents and a maximum of 25 cents per page. (5) For reproduction of any document contained in the c
24		lerk's files: (A) First page, a minimum of $1 and a maximum of $
26		2. (B) Next 19 pages, 50 cents per page. (C) All remaining pages, 25 cents per page. (
29		l) Remands. In any cases remanded to the Circuit Court from the S
31		upreme Court or the Appellate Court for a new trial, the c
32		lerk shall file the remanding order and reinstate the case w
33		ith either its original number or a new number. The Clerk s
34		hall not charge any new or additional fee for the r
35		einstatement. Upon reinstatement the Clerk shall advise t
36		he parties of the reinstatement. A party shall have the s

1		ame right to a jury trial on remand and reinstatement as h
2		e or she had before the appeal, and no additional or new f
3		ee or charge shall be made for a jury trial after remand. (
4		m) Record Search. For each record search, within a division or municipal d
6		istrict, the clerk shall be entitled to a search fee of a m
7		inimum of $4 and a maximum of $6 for each year searched. (
8		n) Hard Copy. For each page of hard copy print output, when case r
10		ecords are maintained on an automated medium, the clerk s
11		hall be entitled to a fee of a minimum of $4 and a maximum o
12		f $6. (
13		o) Index Inquiry and Other Records. No fee shall be charged for a single p
15		laintiff/defendant index inquiry or single case record i
16		nquiry when this request is made in person and the records a
17		re maintained in a current automated medium, and when no h
18		ard copy print output is requested. The fees to be charged f
19		or management records, multiple case records, and m
20		ultiple journal records may be specified by the Chief J
21		udge pursuant to the guidelines for access and d
22		issemination of information approved by the Supreme C
23		ourt. (
24		p) (Blank). a
25		minimum of $25 and a maximum of $50 (
26		q) Alias Summons. For each alias summons or citation issued by the clerk, a
28		minimum of $2 and a maximum of $5. (
29		r) Other Fees. Any fees not covered in this Section shall be set by r
31		ule or administrative order of the Circuit Court with the a
32		pproval of the Administrative Office of the Illinois C
33		ourts. The clerk of the circuit court may provide additional s
35		ervices for which there is no fee specified by statute in c
36		onnection with the operation of the clerk's office as may b

1		e requested by the public and agreed to by the clerk and a
2		pproved by the chief judge of the circuit court. Any c
3		harges for additional services shall be as agreed to b
4		etween the clerk and the party making the request and a
5		pproved by the chief judge of the circuit court. Nothing i
6		n this subsection shall be construed to require any clerk t
7		o provide any service not otherwise required by law. (
8		s) Jury Services. The clerk shall be entitled to receive, in addition to o
10		ther fees allowed by law, the sum of a minimum of $62.50 a
11		nd a maximum of $212.50, as a fee for the services of a j
12		ury in every civil action not quasi-criminal in its nature a
13		nd not a proceeding for the exercise of the right of e
14		minent domain and in every other action wherein the right o
15		f trial by jury is or may be given by law. The jury fee s
16		hall be paid by the party demanding a jury at the time of f
17		iling the jury demand. If the fee is not paid by either p
18		arty, no jury shall be called in the action or proceeding, a
19		nd the same shall be tried by the court without a jury. (
20		t) Voluntary Assignment. For filing each deed of voluntary assignment, a minimum o
22		f $10 and a maximum of $20; for recording the same, a m
23		inimum of 25 cents and a maximum of 50 cents for each 100 w
24		ords. Exceptions filed to claims presented to an assignee o
25		f a debtor who has made a voluntary assignment for the b
26		enefit of creditors shall be considered and treated, for t
27		he purpose of taxing costs therein, as actions in which t
28		he party or parties filing the exceptions shall be c
29		onsidered as party or parties plaintiff, and the claimant o
30		r claimants as party or parties defendant, and those p
31		arties respectively shall pay to the clerk the same fees a
32		s provided by this Section to be paid in other actions. (
33		u) Expungement Petition. The clerk shall be entitled to receive a fee of a m
35		inimum of $15 and a maximum of $60 for each expungement p
36		etition filed and an additional fee of a minimum of $2 and a

1		maximum of $4 for each certified copy of an order to e
2		xpunge arrest records. (
3		v) Probate. The clerk is entitled to receive the fees specified in t
5		his subsection (v), which shall be paid in advance, except t
6		hat, for good cause shown, the court may suspend, reduce, o
7		r release the costs payable under this subsection: (1) For administration of the estate of a decedent (
9		whether testate or intestate) or of a missing person, a m
10		inimum of $50 and a maximum of $150, plus the fees s
11		pecified in subsection (v)(3), except: (A) When the value of the real and personal p
13		roperty does not exceed $15,000, the fee shall be a m
14		inimum of $25 and a maximum of $40. (B) When (i) proof of heirship alone is made, (ii) a
16		domestic or foreign will is admitted to probate w
17		ithout administration (including proof of heirship), o
18		r (iii) letters of office are issued for a particular p
19		urpose without administration of the estate, the fee s
20		hall be a minimum of $10 and a maximum of $40. (C) For filing a petition to sell Real Estate, $50. (2) For administration of the estate of a ward, a m
23		inimum of $50 and a maximum of $75, plus the fees s
24		pecified in subsection (v)(3), except: (A) When the value of the real and personal p
26		roperty does not exceed $15,000, the fee shall be a m
27		inimum of $25 and a maximum of $40. (B) When (i) letters of office are issued to a g
29		uardian of the person or persons, but not of the e
30		state or (ii) letters of office are issued in the e
31		state of a ward without administration of the estate, i
32		ncluding filing or joining in the filing of a tax r
33		eturn or releasing a mortgage or consenting to the m
34		arriage of the ward, the fee shall be a minimum of $10 a
35		nd a maximum of $20. (C) For filing a Petition to sell Real Estate, $50. (3) In addition to the fees payable under subsection (
2		v)(1) or (v)(2) of this Section, the following fees are p
3		ayable: (A) For each account (other than one final account) f
5		iled in the estate of a decedent, or ward, a minimum o
6		f $10 and a maximum of $25. (B) For filing a claim in an estate when the amount c
8		laimed is $150 or more but less than $500, a minimum o
9		f $10 and a maximum of $25; when the amount claimed is $
10		500 or more but less than $10,000, a minimum of $10 a
11		nd a maximum of $40; when the amount claimed is $
12		10,000 or more, a minimum of $10 and a maximum of $60; p
13		rovided that the court in allowing a claim may add to t
14		he amount allowed the filing fee paid by the claimant. (C) For filing in an estate a claim, petition, or s
16		upplemental proceeding based upon an action seeking e
17		quitable relief including the construction or contest o
18		f a will, enforcement of a contract to make a will, a
19		nd proceedings involving testamentary trusts or the a
20		ppointment of testamentary trustees, a minimum of $40 a
21		nd a maximum of $60. (D) For filing in an estate (i) the appearance of a
23		ny person for the purpose of consent or (ii) the a
24		ppearance of an executor, administrator, a
25		dministrator to collect, guardian, guardian ad litem, o
26		r special administrator, no fee. (E) Except as provided in subsection (v)(3)(D), f
28		or filing the appearance of any person or persons, a m
29		inimum of $10 and a maximum of $30. (F) For each jury demand, a minimum of $62.50 and a m
31		aximum of $137.50. (G) For disposition of the collection of a judgment o
33		r settlement of an action or claim for wrongful death o
34		f a decedent or of any cause of action of a ward, when t
35		here is no other administration of the estate, a m
36		inimum of $30 and a maximum of $50, less any amount p

1		aid under subsection (v)(1)(B) or (v)(2)(B) except t
2		hat if the amount involved does not exceed $5,000, the f
3		ee, including any amount paid under subsection (
4		v)(1)(B) or (v)(2)(B), shall be a minimum of $10 and a m
5		aximum of $20. (H) For each certified copy of letters of office, o
7		f court order or other certification, a minimum of $1 a
8		nd a maximum of $2, plus a minimum of 50 cents and a m
9		aximum of $1 per page in excess of 3 pages for the d
10		ocument certified. (I) For each exemplification, a minimum of $1 and a m
12		aximum of $2, plus the fee for certification. (4) The executor, administrator, guardian, petitioner, o
14		r other interested person or his or her attorney shall pay t
15		he cost of publication by the clerk directly to the n
16		ewspaper. (5) The person on whose behalf a charge is incurred for w
18		itness, court reporter, appraiser, or other miscellaneous f
19		ee shall pay the same directly to the person entitled t
20		hereto. (6) The executor, administrator, guardian, petitioner, o
22		r other interested person or his or her attorney shall pay t
23		o the clerk all postage charges incurred by the clerk in m
24		ailing petitions, orders, notices, or other documents p
25		ursuant to the provisions of the Probate Act of 1975. (
26		w) Criminal and Quasi-Criminal Costs and Fees. (1) The clerk shall be entitled to costs in all c
28		riminal and quasi-criminal cases from each person c
29		onvicted or sentenced to supervision therein as follows: (A) Felony complaints, a minimum of $40 and a m
31		aximum of $100. (B) Misdemeanor complaints, a minimum of $25 and a m
33		aximum of $75. (C) Business offense complaints, a minimum of $25 a
35		nd a maximum of $75. (D) Petty offense complaints, a minimum of $25 and a

1		maximum of $75. (E) Minor traffic or ordinance violations, $10. (F) When court appearance required, $15. (G) Motions to vacate or amend final orders, a m
5		inimum of $20 and a maximum of $40. (H) Motions to vacate bond forfeiture orders, a m
7		inimum of $20 and a maximum of $40. (I) Motions to vacate ex parte judgments, whenever f
9		iled, a minimum of $20 and a maximum of $40. (J) Motions to vacate judgment on forfeitures, w
11		henever filed, a minimum of $20 and a maximum of $40. (K) Motions to vacate "failure to appear" or "
13		failure to comply" notices sent to the Secretary of S
14		tate, a minimum of $20 and a maximum of $40. (2) In counties having a population of not more than 5
16		00,000 inhabitants, when the violation complaint is i
17		ssued by a municipal police department, the clerk shall be e
18		ntitled to costs from each person convicted therein as f
19		ollows: (A) Minor traffic or ordinance violations, $10. (B) When court appearance required, $15. (3) In ordinance violation cases punishable by fine o
23		nly, the clerk of the circuit court shall be entitled to r
24		eceive, unless the fee is excused upon a finding by the c
25		ourt that the defendant is indigent, in addition to other f
26		ees or costs allowed or imposed by law, the sum of a m
27		inimum of $62.50 and a maximum of $137.50 as a fee for the s
28		ervices of a jury. The jury fee shall be paid by the d
29		efendant at the time of filing his or her jury demand. If t
30		he fee is not so paid by the defendant, no jury shall be c
31		alled, and the case shall be tried by the court without a j
32		ury. (
33		x) Transcripts of Judgment. For the filing of a transcript of judgment, the clerk s
35		hall be entitled to the same fee as if it were the c
36		ommencement of a new suit. (

1		y) Change of Venue. (1) For the filing of a change of case on a change of v
3		enue, the clerk shall be entitled to the same fee as if it w
4		ere the commencement of a new suit. (2) The fee for the preparation and certification of a r
6		ecord on a change of venue to another jurisdiction, when o
7		riginal documents are forwarded, a minimum of $10 and a m
8		aximum of $40. (
9		z) Tax objection complaints. For each tax objection complaint containing one or more t
11		ax objections, regardless of the number of parcels i
12		nvolved or the number of taxpayers joining on the c
13		omplaint, a minimum of $10 and a maximum of $50. (
14		aa) Tax Deeds. (1) Petition for tax deed, if only one parcel is i
16		nvolved, a minimum of $45 and a maximum of $200. (2) For each additional parcel, add a fee of a minimum o
18		f $10 and a maximum of $60. (
19		bb) Collections. (1) For all collections made of others, except the S
21		tate and county and except in maintenance or child support c
22		ases, a sum equal to a minimum of 2% and a maximum of 2.5% o
23		f the amount collected and turned over. (2) Interest earned on any funds held by the clerk s
25		hall be turned over to the county general fund as an e
26		arning of the office. (3) For any check, draft, or other bank instrument r
28		eturned to the clerk for non-sufficient funds, account c
29		losed, or payment stopped, $25. (4) In child support and maintenance cases, the clerk, i
31		f authorized by an ordinance of the county board, may c
32		ollect an annual fee of up to $36 from the person making p
33		ayment for maintaining child support records and the p
34		rocessing of support orders to the State of Illinois KIDS s
35		ystem and the recording of payments issued by the State D
36		isbursement Unit for the official record of the Court. T

1		his fee shall be in addition to and separate from amounts o
2		rdered to be paid as maintenance or child support and s
3		hall be deposited into a Separate Maintenance and Child S
4		upport Collection Fund, of which the clerk shall be the c
5		ustodian, ex-officio, to be used by the clerk to maintain c
6		hild support orders and record all payments issued by the S
7		tate Disbursement Unit for the official record of the C
8		ourt. The clerk may recover from the person making the m
9		aintenance or child support payment any additional cost i
10		ncurred in the collection of this annual fee. The clerk shall also be entitled to a fee of $5 for c
12		ertifications made to the Secretary of State as provided i
13		n Section 7-703 of the Family Financial Responsibility Law a
14		nd these fees shall also be deposited into the Separate M
15		aintenance and Child Support Collection Fund. (
16		cc) Corrections of Numbers. For correction of the case number, case title, or a
18		ttorney computer identification number, if required by r
19		ule of court, on any document filed in the clerk's office, t
20		o be charged against the party that filed the document, a m
21		inimum of $10 and a maximum of $25. (
22		dd) Exceptions. (1) The fee requirements of this Section shall not a
24		pply to police departments or other law enforcement a
25		gencies. In this Section, "law enforcement agency" means a
26		n agency of the State or a unit of local government which i
27		s vested by law or ordinance with the duty to maintain p
28		ublic order and to enforce criminal laws or ordinances. "
29		Law enforcement agency" also means the Attorney General or a
30		ny state's attorney. (2) No fee provided herein shall be charged to any unit o
32		f local government or school district. (3) The fee requirements of this Section shall not a
34		pply to any action instituted under subsection (b) of S
35		ection 11-31-1 of the Illinois Municipal Code by a private o
36		wner or tenant of real property within 1200 feet of a d

1		angerous or unsafe building seeking an order compelling t
2		he owner or owners of the building to take any of the a
3		ctions authorized under that subsection. (4) The fee requirements of this Section shall not a
5		pply to the filing of any commitment petition or petition f
6		or an order authorizing the administration of authorized i
7		nvoluntary treatment in the form of medication under the M
8		ental Health and Developmental Disabilities Code. (
9		ee) Adoptions. (1) For an adoption..............................$65 (2) Upon good cause shown, the court may waive the a
12		doption filing fee in a special needs adoption. The term "
13		special needs adoption" shall have the meaning ascribed to i
14		t by the Illinois Department of Children and Family S
15		ervices. (
16		ff) Adoption exemptions. No fee other than that set forth in subsection (ee) s
18		hall be charged to any person in connection with an a
19		doption proceeding nor may any fee be charged for p
20		roceedings for the appointment of a confidential i
21		ntermediary under the Adoption Act. (
22		Source: P.A. 92-16, eff. 6-28-01; 92-521, eff. 6-1-02; 93-39, e
23		ff. 7-1-03; 93-385, eff. 7-25-03; 93-573, eff. 8-21-03; r
24		evised 9-5-03.) (
25		705 ILCS 105/27.2) (from Ch. 25, par. 27.2) S
26		ec. 27.2. The fees of the clerks of the circuit court in a
27		ll counties having a population in excess of 500,000 i
28		nhabitants but less than 3,000,000 inhabitants in the i
29		nstances described in this Section shall be as provided in t
30		his Section. In those instances where a minimum and maximum f
31		ee is stated, counties with more than 500,000 inhabitants but l
32		ess than 3,000,000 inhabitants must charge the minimum fee l
33		isted in this Section and may charge up to the maximum fee if t
34		he county board has by resolution increased the fee. In a
35		ddition, the minimum fees authorized in this Section shall a

1		pply to all units of local government and school districts in c
2		ounties with more than 3,000,000 inhabitants. The fees shall b
3		e paid in advance and shall be as follows: (
4		a) Civil Cases. The fee for filing a complaint, petition, or other p
6		leading initiating a civil action, with the following e
7		xceptions, shall be a minimum of $150 and a maximum of $
8		190. (A) When the amount of money or damages or the v
10		alue of personal property claimed does not exceed $
11		250, a minimum of $10 and a maximum of $15. (B) When that amount exceeds $250 but does not e
13		xceed $1,000, a minimum of $20 and a maximum of $40. (C) When that amount exceeds $1,000 but does not e
15		xceed $2500, a minimum of $30 and a maximum of $50. (D) When that amount exceeds $2500 but does not e
17		xceed $5,000, a minimum of $75 and a maximum of $100. (D-5) When the amount exceeds $5,000 but does not e
19		xceed $15,000, a minimum of $75 and a maximum of $150. (E) For the exercise of eminent domain, $150. For e
21		ach additional lot or tract of land or right or i
22		nterest therein subject to be condemned, the damages i
23		n respect to which shall require separate assessment b
24		y a jury, $150. (
25		b) Forcible Entry and Detainer. In each forcible entry and detainer case when the p
27		laintiff seeks possession only or unites with his or her c
28		laim for possession of the property a claim for rent or d
29		amages or both in the amount of $15,000 or less, a minimum o
30		f $40 and a maximum of $75. When the plaintiff unites his o
31		r her claim for possession with a claim for rent or d
32		amages or both exceeding $15,000, a minimum of $150 and a m
33		aximum of $225. (
34		c) Counterclaim or Joining Third Party Defendant. When any defendant files a counterclaim as part of his o
36		r her answer or otherwise or joins another party as a t

1		hird party defendant, or both, the defendant shall pay a f
2		ee for each counterclaim or third party action in an a
3		mount equal to the fee he or she would have had to pay had h
4		e or she brought a separate action for the relief sought i
5		n the counterclaim or against the third party defendant, l
6		ess the amount of the appearance fee, if that has been p
7		aid. (
8		d) Confession of Judgment. In a confession of judgment when the amount does not e
10		xceed $1500, a minimum of $50 and a maximum of $60. When t
11		he amount exceeds $1500, but does not exceed $5,000, $75. W
12		hen the amount exceeds $5,000, but does not exceed $
13		15,000, $175. When the amount exceeds $15,000, a minimum o
14		f $200 and a maximum of $250. (
15		e) Appearance. The fee for filing an appearance in each civil case s
17		hall be a minimum of $50 and a maximum of $75, except as f
18		ollows: (A) When the plaintiff in a forcible entry and d
20		etainer case seeks possession only, a minimum of $20 a
21		nd a maximum of $40. (B) When the amount in the case does not exceed $
23		1500, a minimum of $20 and a maximum of $40. (C) When the amount in the case exceeds $1500 but d
25		oes not exceed $15,000, a minimum of $40 and a maximum o
26		f $60. (
27		f) Garnishment, Wage Deduction, and Citation. In garnishment affidavit, wage deduction affidavit, a
29		nd citation petition when the amount does not exceed $
30		1,000, a minimum of $10 and a maximum of $15; when the a
31		mount exceeds $1,000 but does not exceed $5,000, a minimum o
32		f $20 and a maximum of $30; and when the amount exceeds $
33		5,000, a minimum of $30 and a maximum of $50. (
34		g) Petition to Vacate or Modify. (1) Petition to vacate or modify any final judgment or o
36		rder of court, except in forcible entry and detainer cases a

1		nd small claims cases or a petition to reopen an estate, t
2		o modify, terminate, or enforce a judgment or order for c
3		hild or spousal support, or to modify, suspend, or t
4		erminate an order for withholding, if filed before 30 days a
5		fter the entry of the judgment or order, a minimum of $40 a
6		nd a maximum of $50. (2) Petition to vacate or modify any final judgment or o
8		rder of court, except a petition to modify, terminate, or e
9		nforce a judgment or order for child or spousal support or t
10		o modify, suspend, or terminate an order for withholding, i
11		f filed later than 30 days after the entry of the judgment o
12		r order, a minimum of $60 and a maximum of $75. (3) Petition to vacate order of bond forfeiture, a m
14		inimum of $20 and a maximum of $40. (
15		h) Mailing. When the clerk is required to mail, the fee will be a m
17		inimum of $6 and a maximum of $10, plus the cost of p
18		ostage. (
19		i) Certified Copies. Each certified copy of a judgment after the first, e
21		xcept in small claims and forcible entry and detainer c
22		ases, a minimum of $10 and a maximum of $15. (
23		j) Habeas Corpus. For filing a petition for relief by habeas corpus, a m
25		inimum of $80 and a maximum of $125. (
26		k) Certification, Authentication, and Reproduction. (1) Each certification or authentication for taking t
28		he acknowledgment of a deed or other instrument in writing w
29		ith the seal of office, a minimum of $4 and a maximum of $
30		6. (2) Court appeals when original documents are f
32		orwarded, under 100 pages, plus delivery and costs, a m
33		inimum of $50 and a maximum of $75. (3) Court appeals when original documents are f
35		orwarded, over 100 pages, plus delivery and costs, a m
36		inimum of $120 and a maximum of $150. (4) Court appeals when original documents are f
2		orwarded, over 200 pages, an additional fee of a minimum o
3		f 20 and a maximum of 25 cents per page. (5) For reproduction of any document contained in the c
5		lerk's files: (A) First page, $2. (B) Next 19 pages, 50 cents per page. (C) All remaining pages, 25 cents per page. (
9		l) Remands. In any cases remanded to the Circuit Court from the S
11		upreme Court or the Appellate Court for a new trial, the c
12		lerk shall file the remanding order and reinstate the case w
13		ith either its original number or a new number. The Clerk s
14		hall not charge any new or additional fee for the r
15		einstatement. Upon reinstatement the Clerk shall advise t
16		he parties of the reinstatement. A party shall have the s
17		ame right to a jury trial on remand and reinstatement as h
18		e or she had before the appeal, and no additional or new f
19		ee or charge shall be made for a jury trial after remand. (
20		m) Record Search. For each record search, within a division or municipal d
22		istrict, the clerk shall be entitled to a search fee of a m
23		inimum of $4 and a maximum of $6 for each year searched. (
24		n) Hard Copy. For each page of hard copy print output, when case r
26		ecords are maintained on an automated medium, the clerk s
27		hall be entitled to a fee of a minimum of $4 and a maximum o
28		f $6. (
29		o) Index Inquiry and Other Records. No fee shall be charged for a single p
31		laintiff/defendant index inquiry or single case record i
32		nquiry when this request is made in person and the records a
33		re maintained in a current automated medium, and when no h
34		ard copy print output is requested. The fees to be charged f
35		or management records, multiple case records, and m
36		ultiple journal records may be specified by the Chief J

1		udge pursuant to the guidelines for access and d
2		issemination of information approved by the Supreme C
3		ourt. (
4		p) (Blank). (
5		q) Alias Summons. For each alias summons or citation issued by the clerk, a
7		minimum of $4 and a maximum of $5. (
8		r) Other Fees. Any fees not covered in this Section shall be set by r
10		ule or administrative order of the Circuit Court with the a
11		pproval of the Administrative Office of the Illinois C
12		ourts. The clerk of the circuit court may provide additional s
14		ervices for which there is no fee specified by statute in c
15		onnection with the operation of the clerk's office as may b
16		e requested by the public and agreed to by the clerk and a
17		pproved by the chief judge of the circuit court. Any c
18		harges for additional services shall be as agreed to b
19		etween the clerk and the party making the request and a
20		pproved by the chief judge of the circuit court. Nothing i
21		n this subsection shall be construed to require any clerk t
22		o provide any service not otherwise required by law. (
23		s) Jury Services. The clerk shall be entitled to receive, in addition to o
25		ther fees allowed by law, the sum of a minimum of $192.50 a
26		nd a maximum of $212.50, as a fee for the services of a j
27		ury in every civil action not quasi-criminal in its nature a
28		nd not a proceeding for the exercise of the right of e
29		minent domain and in every other action wherein the right o
30		f trial by jury is or may be given by law. The jury fee s
31		hall be paid by the party demanding a jury at the time of f
32		iling the jury demand. If the fee is not paid by either p
33		arty, no jury shall be called in the action or proceeding, a
34		nd the same shall be tried by the court without a jury. (
35		t) Voluntary Assignment. For filing each deed of voluntary assignment, a minimum o

1		f $10 and a maximum of $20; for recording the same, a m
2		inimum of 25¢ and a maximum of 50¢ for each 100 words. E
3		xceptions filed to claims presented to an assignee of a d
4		ebtor who has made a voluntary assignment for the benefit o
5		f creditors shall be considered and treated, for the p
6		urpose of taxing costs therein, as actions in which the p
7		arty or parties filing the exceptions shall be considered a
8		s party or parties plaintiff, and the claimant or c
9		laimants as party or parties defendant, and those parties r
10		espectively shall pay to the clerk the same fees as p
11		rovided by this Section to be paid in other actions. (
12		u) Expungement Petition. The clerk shall be entitled to receive a fee of a m
14		inimum of $30 and a maximum of $60 for each expungement p
15		etition filed and an additional fee of a minimum of $2 and a
16		maximum of $4 for each certified copy of an order to e
17		xpunge arrest records. (
18		v) Probate. The clerk is entitled to receive the fees specified in t
20		his subsection (v), which shall be paid in advance, except t
21		hat, for good cause shown, the court may suspend, reduce, o
22		r release the costs payable under this subsection: (1) For administration of the estate of a decedent (
24		whether testate or intestate) or of a missing person, a m
25		inimum of $100 and a maximum of $150, plus the fees s
26		pecified in subsection (v)(3), except: (A) When the value of the real and personal p
28		roperty does not exceed $15,000, the fee shall be a m
29		inimum of $25 and a maximum of $40. (B) When (i) proof of heirship alone is made, (ii) a
31		domestic or foreign will is admitted to probate w
32		ithout administration (including proof of heirship), o
33		r (iii) letters of office are issued for a particular p
34		urpose without administration of the estate, the fee s
35		hall be a minimum of $25 and a maximum of $40. (2) For administration of the estate of a ward, a m

1		inimum of $50 and a maximum of $75, plus the fees s
2		pecified in subsection (v)(3), except: (A) When the value of the real and personal p
4		roperty does not exceed $15,000, the fee shall be a m
5		inimum of $25 and a maximum of $40. (B) When (i) letters of office are issued to a g
7		uardian of the person or persons, but not of the e
8		state or (ii) letters of office are issued in the e
9		state of a ward without administration of the estate, i
10		ncluding filing or joining in the filing of a tax r
11		eturn or releasing a mortgage or consenting to the m
12		arriage of the ward, the fee shall be a minimum of $10 a
13		nd a maximum of $20. (3) In addition to the fees payable under subsection (
15		v)(1) or (v)(2) of this Section, the following fees are p
16		ayable: (A) For each account (other than one final account) f
18		iled in the estate of a decedent, or ward, a minimum o
19		f $15 and a maximum of $25. (B) For filing a claim in an estate when the amount c
21		laimed is $150 or more but less than $500, a minimum o
22		f $10 and a maximum of $20; when the amount claimed is $
23		500 or more but less than $10,000, a minimum of $25 a
24		nd a maximum of $40; when the amount claimed is $
25		10,000 or more, a minimum of $40 and a maximum of $60; p
26		rovided that the court in allowing a claim may add to t
27		he amount allowed the filing fee paid by the claimant. (C) For filing in an estate a claim, petition, or s
29		upplemental proceeding based upon an action seeking e
30		quitable relief including the construction or contest o
31		f a will, enforcement of a contract to make a will, a
32		nd proceedings involving testamentary trusts or the a
33		ppointment of testamentary trustees, a minimum of $40 a
34		nd a maximum of $60. (D) For filing in an estate (i) the appearance of a
36		ny person for the purpose of consent or (ii) the a

1		ppearance of an executor, administrator, a
2		dministrator to collect, guardian, guardian ad litem, o
3		r special administrator, no fee. (E) Except as provided in subsection (v)(3)(D), f
5		or filing the appearance of any person or persons, a m
6		inimum of $10 and a maximum of $30. (F) For each jury demand, a minimum of $102.50 and a
8		maximum of $137.50. (G) For disposition of the collection of a judgment o
10		r settlement of an action or claim for wrongful death o
11		f a decedent or of any cause of action of a ward, when t
12		here is no other administration of the estate, a m
13		inimum of $30 and a maximum of $50, less any amount p
14		aid under subsection (v)(1)(B) or (v)(2)(B) except t
15		hat if the amount involved does not exceed $5,000, the f
16		ee, including any amount paid under subsection (
17		v)(1)(B) or (v)(2)(B), shall be a minimum of $10 and a m
18		aximum of $20. (H) For each certified copy of letters of office, o
20		f court order or other certification, a minimum of $1 a
21		nd a maximum of $2, plus a minimum of 50¢ and a m
22		aximum of $1 per page in excess of 3 pages for the d
23		ocument certified. (I) For each exemplification, a minimum of $1 and a m
25		aximum of $2, plus the fee for certification. (4) The executor, administrator, guardian, petitioner, o
27		r other interested person or his or her attorney shall pay t
28		he cost of publication by the clerk directly to the n
29		ewspaper. (5) The person on whose behalf a charge is incurred for w
31		itness, court reporter, appraiser, or other miscellaneous f
32		ee shall pay the same directly to the person entitled t
33		hereto. (6) The executor, administrator, guardian, petitioner, o
35		r other interested person or his attorney shall pay to the c
36		lerk all postage charges incurred by the clerk in mailing p

1		etitions, orders, notices, or other documents pursuant to t
2		he provisions of the Probate Act of 1975. (
3		w) Criminal and Quasi-Criminal Costs and Fees. (1) The clerk shall be entitled to costs in all c
5		riminal and quasi-criminal cases from each person c
6		onvicted or sentenced to supervision therein as follows: (A) Felony complaints, a minimum of $80 and a m
8		aximum of $125. (B) Misdemeanor complaints, a minimum of $50 and a m
10		aximum of $75. (C) Business offense complaints, a minimum of $50 a
12		nd a maximum of $75. (D) Petty offense complaints, a minimum of $50 and a
14		maximum of $75. (E) Minor traffic or ordinance violations, $20. (F) When court appearance required, $30. (G) Motions to vacate or amend final orders, a m
18		inimum of $20 and a maximum of $40. (H) Motions to vacate bond forfeiture orders, a m
20		inimum of $20 and a maximum of $30. (I) Motions to vacate ex parte judgments, whenever f
22		iled, a minimum of $20 and a maximum of $30. (J) Motions to vacate judgment on forfeitures, w
24		henever filed, a minimum of $20 and a maximum of $25. (K) Motions to vacate "failure to appear" or "
26		failure to comply" notices sent to the Secretary of S
27		tate, a minimum of $20 and a maximum of $40. (2) In counties having a population of more than 5
29		00,000 but fewer than 3,000,000 inhabitants, when the v
30		iolation complaint is issued by a municipal police d
31		epartment, the clerk shall be entitled to costs from each p
32		erson convicted therein as follows: (A) Minor traffic or ordinance violations, $10. (B) When court appearance required, $15. (3) In ordinance violation cases punishable by fine o
36		nly, the clerk of the circuit court shall be entitled to r

1		eceive, unless the fee is excused upon a finding by the c
2		ourt that the defendant is indigent, in addition to other f
3		ees or costs allowed or imposed by law, the sum of a m
4		inimum of $50 and a maximum of $112.50 as a fee for the s
5		ervices of a jury. The jury fee shall be paid by the d
6		efendant at the time of filing his or her jury demand. If t
7		he fee is not so paid by the defendant, no jury shall be c
8		alled, and the case shall be tried by the court without a j
9		ury. (
10		x) Transcripts of Judgment. For the filing of a transcript of judgment, the clerk s
12		hall be entitled to the same fee as if it were the c
13		ommencement of new suit. (
14		y) Change of Venue. (1) For the filing of a change of case on a change of v
16		enue, the clerk shall be entitled to the same fee as if it w
17		ere the commencement of a new suit. (2) The fee for the preparation and certification of a r
19		ecord on a change of venue to another jurisdiction, when o
20		riginal documents are forwarded, a minimum of $25 and a m
21		aximum of $40. (
22		z) Tax objection complaints. For each tax objection complaint containing one or more t
24		ax objections, regardless of the number of parcels i
25		nvolved or the number of taxpayers joining in the c
26		omplaint, a minimum of $25 and a maximum of $50. (
27		aa) Tax Deeds. (1) Petition for tax deed, if only one parcel is i
29		nvolved, a minimum of $150 and a maximum of $250. (2) For each additional parcel, add a fee of a minimum o
31		f $50 and a maximum of $100. (
32		bb) Collections. (1) For all collections made of others, except the S
34		tate and county and except in maintenance or child support c
35		ases, a sum equal to a minimum of 2.5% and a maximum of 3
36		.0% of the amount collected and turned over. (2) Interest earned on any funds held by the clerk s
2		hall be turned over to the county general fund as an e
3		arning of the office. (3) For any check, draft, or other bank instrument r
5		eturned to the clerk for non-sufficient funds, account c
6		losed, or payment stopped, $25. (4) In child support and maintenance cases, the clerk, i
8		f authorized by an ordinance of the county board, may c
9		ollect an annual fee of up to $36 from the person making p
10		ayment for maintaining child support records and the p
11		rocessing of support orders to the State of Illinois KIDS s
12		ystem and the recording of payments issued by the State D
13		isbursement Unit for the official record of the Court. T
14		his fee shall be in addition to and separate from amounts o
15		rdered to be paid as maintenance or child support and s
16		hall be deposited into a Separate Maintenance and Child S
17		upport Collection Fund, of which the clerk shall be the c
18		ustodian, ex-officio, to be used by the clerk to maintain c
19		hild support orders and record all payments issued by the S
20		tate Disbursement Unit for the official record of the C
21		ourt. The clerk may recover from the person making the m
22		aintenance or child support payment any additional cost i
23		ncurred in the collection of this annual fee. The clerk shall also be entitled to a fee of $5 for c
25		ertifications made to the Secretary of State as provided i
26		n Section 7-703 of the Family Financial Responsibility Law a
27		nd these fees shall also be deposited into the Separate M
28		aintenance and Child Support Collection Fund. (
29		cc) Corrections of Numbers. For correction of the case number, case title, or a
31		ttorney computer identification number, if required by r
32		ule of court, on any document filed in the clerk's office, t
33		o be charged against the party that filed the document, a m
34		inimum of $15 and a maximum of $25. (
35		dd) Exceptions. The fee requirements of this Section shall not apply to p

1		olice departments or other law enforcement agencies. In t
2		his Section, "law enforcement agency" means an agency of t
3		he State or a unit of local government which is vested by l
4		aw or ordinance with the duty to maintain public order and t
5		o enforce criminal laws or ordinances. "Law enforcement a
6		gency" also means the Attorney General or any state's a
7		ttorney. The fee requirements of this Section shall not a
8		pply to any action instituted under subsection (b) of S
9		ection 11-31-1 of the Illinois Municipal Code by a private o
10		wner or tenant of real property within 1200 feet of a d
11		angerous or unsafe building seeking an order compelling t
12		he owner or owners of the building to take any of the a
13		ctions authorized under that subsection. The fee requirements of this Section shall not apply to t
15		he filing of any commitment petition or petition for an o
16		rder authorizing the administration of authorized i
17		nvoluntary treatment in the form of medication under the M
18		ental Health and Developmental Disabilities Code. (
19		ee) Adoptions. (1) For an adoption..............................$65 (2) Upon good cause shown, the court may waive the a
22		doption filing fee in a special needs adoption. The term "
23		special needs adoption" shall have the meaning ascribed to i
24		t by the Illinois Department of Children and Family S
25		ervices. (
26		ff) Adoption exemptions. No fee other than that set forth in subsection (ee) s
28		hall be charged to any person in connection with an a
29		doption proceeding nor may any fee be charged for p
30		roceedings for the appointment of a confidential i
31		ntermediary under the Adoption Act. (
32		Source: P.A. 92-16, eff. 6-28-01; 92-521, eff. 6-1-02; 93-385, e
33		ff. 7-25-03; 93-573, eff. 8-21-03; revised 9-8-03.) (
34		705 ILCS 105/27.2a) (from Ch. 25, par. 27.2a) S
35		ec. 27.2a. The fees of the clerks of the circuit court in a

1		ll counties having a population of 3,000,000 or more i
2		nhabitants in the instances described in this Section shall be a
3		s provided in this Section. In those instances where a minimum a
4		nd maximum fee is stated, the clerk of the circuit court must c
5		harge the minimum fee listed and may charge up to the maximum f
6		ee if the county board has by resolution increased the fee. T
7		he fees shall be paid in advance and shall be as follows: (
8		a) Civil Cases. The fee for filing a complaint, petition, or other p
10		leading initiating a civil action, with the following e
11		xceptions, shall be a minimum of $190 and a maximum of $
12		240. (A) When the amount of money or damages or the v
14		alue of personal property claimed does not exceed $
15		250, a minimum of $15 and a maximum of $22. (B) When that amount exceeds $250 but does not e
17		xceed $1000, a minimum of $40 and a maximum of $75. (C) When that amount exceeds $1000 but does not e
19		xceed $2500, a minimum of $50 and a maximum of $80. (D) When that amount exceeds $2500 but does not e
21		xceed $5000, a minimum of $100 and a maximum of $130. (E) When that amount exceeds $5000 but does not e
23		xceed $15,000, $150. (F) For the exercise of eminent domain, $150. For e
25		ach additional lot or tract of land or right or i
26		nterest therein subject to be condemned, the damages i
27		n respect to which shall require separate assessment b
28		y a jury, $150. (G) For the final determination of parking, s
30		tanding, and compliance violations and final a
31		dministrative decisions issued after hearings r
32		egarding vehicle immobilization and impoundment made p
33		ursuant to Sections 3-704.1, 6-306.5, and 11-208.3 of t
34		he Illinois Vehicle Code, $25. (
35		b) Forcible Entry and Detainer. In each forcible entry and detainer case when the p

1		laintiff seeks possession only or unites with his or her c
2		laim for possession of the property a claim for rent or d
3		amages or both in the amount of $15,000 or less, a minimum o
4		f $75 and a maximum of $140. When the plaintiff unites his o
5		r her claim for possession with a claim for rent or d
6		amages or both exceeding $15,000, a minimum of $225 and a m
7		aximum of $335. (
8		c) Counterclaim or Joining Third Party Defendant. When any defendant files a counterclaim as part of his o
10		r her answer or otherwise or joins another party as a t
11		hird party defendant, or both, the defendant shall pay a f
12		ee for each counterclaim or third party action in an a
13		mount equal to the fee he or she would have had to pay had h
14		e or she brought a separate action for the relief sought i
15		n the counterclaim or against the third party defendant, l
16		ess the amount of the appearance fee, if that has been p
17		aid. (
18		d) Confession of Judgment. In a confession of judgment when the amount does not e
20		xceed $1500, a minimum of $60 and a maximum of $70. When t
21		he amount exceeds $1500, but does not exceed $5000, a m
22		inimum of $75 and a maximum of $150. When the amount e
23		xceeds $5000, but does not exceed $15,000, a minimum of $
24		175 and a maximum of $260. When the amount exceeds $
25		15,000, a minimum of $250 and a maximum of $310. (
26		e) Appearance. The fee for filing an appearance in each civil case s
28		hall be a minimum of $75 and a maximum of $110, except as f
29		ollows: (A) When the plaintiff in a forcible entry and d
31		etainer case seeks possession only, a minimum of $40 a
32		nd a maximum of $80. (B) When the amount in the case does not exceed $
34		1500, a minimum of $40 and a maximum of $80. (C) When that amount exceeds $1500 but does not e
36		xceed $15,000, a minimum of $60 and a maximum of $90. (

1		f) Garnishment, Wage Deduction, and Citation. In garnishment affidavit, wage deduction affidavit, a
3		nd citation petition when the amount does not exceed $
4		1,000, a minimum of $15 and a maximum of $25; when the a
5		mount exceeds $1,000 but does not exceed $5,000, a minimum o
6		f $30 and a maximum of $45; and when the amount exceeds $
7		5,000, a minimum of $50 and a maximum of $80. (
8		g) Petition to Vacate or Modify. (1) Petition to vacate or modify any final judgment or o
10		rder of court, except in forcible entry and detainer cases a
11		nd small claims cases or a petition to reopen an estate, t
12		o modify, terminate, or enforce a judgment or order for c
13		hild or spousal support, or to modify, suspend, or t
14		erminate an order for withholding, if filed before 30 days a
15		fter the entry of the judgment or order, a minimum of $50 a
16		nd a maximum of $60. (2) Petition to vacate or modify any final judgment or o
18		rder of court, except a petition to modify, terminate, or e
19		nforce a judgment or order for child or spousal support or t
20		o modify, suspend, or terminate an order for withholding, i
21		f filed later than 30 days after the entry of the judgment o
22		r order, a minimum of $75 and a maximum of $90. (3) Petition to vacate order of bond forfeiture, a m
24		inimum of $40 and a maximum of $80. (
25		h) Mailing. When the clerk is required to mail, the fee will be a m
27		inimum of $10 and a maximum of $15, plus the cost of p
28		ostage. (
29		i) Certified Copies. Each certified copy of a judgment after the first, e
31		xcept in small claims and forcible entry and detainer c
32		ases, a minimum of $15 and a maximum of $20. (
33		j) Habeas Corpus. For filing a petition for relief by habeas corpus, a m
35		inimum of $125 and a maximum of $190. (
36		k) Certification, Authentication, and Reproduction. (1) Each certification or authentication for taking t
2		he acknowledgment of a deed or other instrument in writing w
3		ith the seal of office, a minimum of $6 and a maximum of $
4		9. (2) Court appeals when original documents are f
6		orwarded, under 100 pages, plus delivery and costs, a m
7		inimum of $75 and a maximum of $110. (3) Court appeals when original documents are f
9		orwarded, over 100 pages, plus delivery and costs, a m
10		inimum of $150 and a maximum of $185. (4) Court appeals when original documents are f
12		orwarded, over 200 pages, an additional fee of a minimum o
13		f 25 and a maximum of 30 cents per page. (5) For reproduction of any document contained in the c
15		lerk's files: (A) First page, $2. (B) Next 19 pages, 50 cents per page. (C) All remaining pages, 25 cents per page. (
19		l) Remands. In any cases remanded to the Circuit Court from the S
21		upreme Court or the Appellate Court for a new trial, the c
22		lerk shall file the remanding order and reinstate the case w
23		ith either its original number or a new number. The Clerk s
24		hall not charge any new or additional fee for the r
25		einstatement. Upon reinstatement the Clerk shall advise t
26		he parties of the reinstatement. A party shall have the s
27		ame right to a jury trial on remand and reinstatement as h
28		e or she had before the appeal, and no additional or new f
29		ee or charge shall be made for a jury trial after remand. (
30		m) Record Search. For each record search, within a division or municipal d
32		istrict, the clerk shall be entitled to a search fee of a m
33		inimum of $6 and a maximum of $9 for each year searched. (
34		n) Hard Copy. For each page of hard copy print output, when case r
36		ecords are maintained on an automated medium, the clerk s

1		hall be entitled to a fee of a minimum of $6 and a maximum o
2		f $9. (
3		o) Index Inquiry and Other Records. No fee shall be charged for a single p
5		laintiff/defendant index inquiry or single case record i
6		nquiry when this request is made in person and the records a
7		re maintained in a current automated medium, and when no h
8		ard copy print output is requested. The fees to be charged f
9		or management records, multiple case records, and m
10		ultiple journal records may be specified by the Chief J
11		udge pursuant to the guidelines for access and d
12		issemination of information approved by the Supreme C
13		ourt. (
14		p) (Blank). (
15		q) Alias Summons. For each alias summons or citation issued by the clerk, a
17		minimum of $5 and a maximum of $6. (
18		r) Other Fees. Any fees not covered in this Section shall be set by r
20		ule or administrative order of the Circuit Court with the a
21		pproval of the Administrative Office of the Illinois C
22		ourts. The clerk of the circuit court may provide additional s
24		ervices for which there is no fee specified by statute in c
25		onnection with the operation of the clerk's office as may b
26		e requested by the public and agreed to by the clerk and a
27		pproved by the chief judge of the circuit court. Any c
28		harges for additional services shall be as agreed to b
29		etween the clerk and the party making the request and a
30		pproved by the chief judge of the circuit court. Nothing i
31		n this subsection shall be construed to require any clerk t
32		o provide any service not otherwise required by law. (
33		s) Jury Services. The clerk shall be entitled to receive, in addition to o
35		ther fees allowed by law, the sum of a minimum of $212.50 a
36		nd maximum of $230, as a fee for the services of a jury in e

1		very civil action not quasi-criminal in its nature and not a
2		proceeding for the exercise of the right of eminent d
3		omain and in every other action wherein the right of trial b
4		y jury is or may be given by law. The jury fee shall be p
5		aid by the party demanding a jury at the time of filing t
6		he jury demand. If the fee is not paid by either party, no j
7		ury shall be called in the action or proceeding, and the s
8		ame shall be tried by the court without a jury. (
9		t) Voluntary Assignment. For filing each deed of voluntary assignment, a minimum o
11		f $20 and a maximum of $40; for recording the same, a m
12		inimum of 50¢ and a maximum of $0.80 for each 100 words. E
13		xceptions filed to claims presented to an assignee of a d
14		ebtor who has made a voluntary assignment for the benefit o
15		f creditors shall be considered and treated, for the p
16		urpose of taxing costs therein, as actions in which the p
17		arty or parties filing the exceptions shall be considered a
18		s party or parties plaintiff, and the claimant or c
19		laimants as party or parties defendant, and those parties r
20		espectively shall pay to the clerk the same fees as p
21		rovided by this Section to be paid in other actions. (
22		u) Expungement Petition. The clerk shall be entitled to receive a fee of a m
24		inimum of $60 and a maximum of $120 for each expungement p
25		etition filed and an additional fee of a minimum of $4 and a
26		maximum of $8 for each certified copy of an order to e
27		xpunge arrest records. (
28		v) Probate. The clerk is entitled to receive the fees specified in t
30		his subsection (v), which shall be paid in advance, except t
31		hat, for good cause shown, the court may suspend, reduce, o
32		r release the costs payable under this subsection: (1) For administration of the estate of a decedent (
34		whether testate or intestate) or of a missing person, a m
35		inimum of $150 and a maximum of $225, plus the fees s
36		pecified in subsection (v)(3), except: (A) When the value of the real and personal p
2		roperty does not exceed $15,000, the fee shall be a m
3		inimum of $40 and a maximum of $65. (B) When (i) proof of heirship alone is made, (ii) a
5		domestic or foreign will is admitted to probate w
6		ithout administration (including proof of heirship), o
7		r (iii) letters of office are issued for a particular p
8		urpose without administration of the estate, the fee s
9		hall be a minimum of $40 and a maximum of $65. (2) For administration of the estate of a ward, a m
11		inimum of $75 and a maximum of $110, plus the fees s
12		pecified in subsection (v)(3), except: (A) When the value of the real and personal p
14		roperty does not exceed $15,000, the fee shall be a m
15		inimum of $40 and a maximum of $65. (B) When (i) letters of office are issued to a g
17		uardian of the person or persons, but not of the e
18		state or (ii) letters of office are issued in the e
19		state of a ward without administration of the estate, i
20		ncluding filing or joining in the filing of a tax r
21		eturn or releasing a mortgage or consenting to the m
22		arriage of the ward, the fee shall be a minimum of $20 a
23		nd a maximum of $40. (3) In addition to the fees payable under subsection (
25		v)(1) or (v)(2) of this Section, the following fees are p
26		ayable: (A) For each account (other than one final account) f
28		iled in the estate of a decedent, or ward, a minimum o
29		f $25 and a maximum of $40. (B) For filing a claim in an estate when the amount c
31		laimed is $150 or more but less than $500, a minimum o
32		f $20 and a maximum of $40; when the amount claimed is $
33		500 or more but less than $10,000, a minimum of $40 a
34		nd a maximum of $65; when the amount claimed is $
35		10,000 or more, a minimum of $60 and a maximum of $90; p
36		rovided that the court in allowing a claim may add to t

1		he amount allowed the filing fee paid by the claimant. (C) For filing in an estate a claim, petition, or s
3		upplemental proceeding based upon an action seeking e
4		quitable relief including the construction or contest o
5		f a will, enforcement of a contract to make a will, a
6		nd proceedings involving testamentary trusts or the a
7		ppointment of testamentary trustees, a minimum of $60 a
8		nd a maximum of $90. (D) For filing in an estate (i) the appearance of a
10		ny person for the purpose of consent or (ii) the a
11		ppearance of an executor, administrator, a
12		dministrator to collect, guardian, guardian ad litem, o
13		r special administrator, no fee. (E) Except as provided in subsection (v)(3)(D), f
15		or filing the appearance of any person or persons, a m
16		inimum of $30 and a maximum of $90. (F) For each jury demand, a minimum of $137.50 and a
18		maximum of $180. (G) For disposition of the collection of a judgment o
20		r settlement of an action or claim for wrongful death o
21		f a decedent or of any cause of action of a ward, when t
22		here is no other administration of the estate, a m
23		inimum of $50 and a maximum of $80, less any amount p
24		aid under subsection (v)(1)(B) or (v)(2)(B) except t
25		hat if the amount involved does not exceed $5,000, the f
26		ee, including any amount paid under subsection (
27		v)(1)(B) or (v)(2)(B), shall be a minimum of $20 and a m
28		aximum of $40. (H) For each certified copy of letters of office, o
30		f court order or other certification, a minimum of $2 a
31		nd a maximum of $4, plus $1 per page in excess of 3 p
32		ages for the document certified. (I) For each exemplification, $2, plus the fee for c
34		ertification. (4) The executor, administrator, guardian, petitioner, o
36		r other interested person or his or her attorney shall pay t

1		he cost of publication by the clerk directly to the n
2		ewspaper. (5) The person on whose behalf a charge is incurred for w
4		itness, court reporter, appraiser, or other miscellaneous f
5		ee shall pay the same directly to the person entitled t
6		hereto. (6) The executor, administrator, guardian, petitioner, o
8		r other interested person or his or her attorney shall pay t
9		o the clerk all postage charges incurred by the clerk in m
10		ailing petitions, orders, notices, or other documents p
11		ursuant to the provisions of the Probate Act of 1975. (
12		w) Criminal and Quasi-Criminal Costs and Fees. (1) The clerk shall be entitled to costs in all c
14		riminal and quasi-criminal cases from each person c
15		onvicted or sentenced to supervision therein as follows: (A) Felony complaints, a minimum of $125 and a m
17		aximum of $190. (B) Misdemeanor complaints, a minimum of $75 and a m
19		aximum of $110. (C) Business offense complaints, a minimum of $75 a
21		nd a maximum of $110. (D) Petty offense complaints, a minimum of $75 and a
23		maximum of $110. (E) Minor traffic or ordinance violations, $30. (F) When court appearance required, $50. (G) Motions to vacate or amend final orders, a m
27		inimum of $40 and a maximum of $80. (H) Motions to vacate bond forfeiture orders, a m
29		inimum of $30 and a maximum of $45. (I) Motions to vacate ex parte judgments, whenever f
31		iled, a minimum of $30 and a maximum of $45. (J) Motions to vacate judgment on forfeitures, w
33		henever filed, a minimum of $25 and a maximum of $30. (K) Motions to vacate "failure to appear" or "
35		failure to comply" notices sent to the Secretary of S
36		tate, a minimum of $40 and a maximum of $50. (2) In counties having a population of 3,000,000 or m
2		ore, when the violation complaint is issued by a municipal p
3		olice department, the clerk shall be entitled to costs f
4		rom each person convicted therein as follows: (A) Minor traffic or ordinance violations, $30. (B) When court appearance required, $50. (3) In ordinance violation cases punishable by fine o
8		nly, the clerk of the circuit court shall be entitled to r
9		eceive, unless the fee is excused upon a finding by the c
10		ourt that the defendant is indigent, in addition to other f
11		ees or costs allowed or imposed by law, the sum of a m
12		inimum of $112.50 and a maximum of $250 as a fee for the s
13		ervices of a jury. The jury fee shall be paid by the d
14		efendant at the time of filing his or her jury demand. If t
15		he fee is not so paid by the defendant, no jury shall be c
16		alled, and the case shall be tried by the court without a j
17		ury. (
18		x) Transcripts of Judgment. For the filing of a transcript of judgment, the clerk s
20		hall be entitled to the same fee as if it were the c
21		ommencement of a new suit. (
22		y) Change of Venue. (1) For the filing of a change of case on a change of v
24		enue, the clerk shall be entitled to the same fee as if it w
25		ere the commencement of a new suit. (2) The fee for the preparation and certification of a r
27		ecord on a change of venue to another jurisdiction, when o
28		riginal documents are forwarded, a minimum of $40 and a m
29		aximum of $65. (
30		z) Tax objection complaints. For each tax objection complaint containing one or more t
32		ax objections, regardless of the number of parcels i
33		nvolved or the number of taxpayers joining in the c
34		omplaint, a minimum of $50 and a maximum of $100. (
35		aa) Tax Deeds. (1) Petition for tax deed, if only one parcel is i

1		nvolved, a minimum of $250 and a maximum of $400. (2) For each additional parcel, add a fee of a minimum o
3		f $100 and a maximum of $200. (
4		bb) Collections. (1) For all collections made of others, except the S
6		tate and county and except in maintenance or child support c
7		ases, a sum equal to 3.0% of the amount collected and t
8		urned over. (2) Interest earned on any funds held by the clerk s
10		hall be turned over to the county general fund as an e
11		arning of the office. (3) For any check, draft, or other bank instrument r
13		eturned to the clerk for non-sufficient funds, account c
14		losed, or payment stopped, $25. (4) In child support and maintenance cases, the clerk, i
16		f authorized by an ordinance of the county board, may c
17		ollect an annual fee of up to $36 from the person making p
18		ayment for maintaining child support records and the p
19		rocessing of support orders to the State of Illinois KIDS s
20		ystem and the recording of payments issued by the State D
21		isbursement Unit for the official record of the Court. T
22		his fee shall be in addition to and separate from amounts o
23		rdered to be paid as maintenance or child support and s
24		hall be deposited into a Separate Maintenance and Child S
25		upport Collection Fund, of which the clerk shall be the c
26		ustodian, ex-officio, to be used by the clerk to maintain c
27		hild support orders and record all payments issued by the S
28		tate Disbursement Unit for the official record of the C
29		ourt. The clerk may recover from the person making the m
30		aintenance or child support payment any additional cost i
31		ncurred in the collection of this annual fee. The clerk shall also be entitled to a fee of $5 for c
33		ertifications made to the Secretary of State as provided i
34		n Section 7-703 of the Family Financial Responsibility Law a
35		nd these fees shall also be deposited into the Separate M
36		aintenance and Child Support Collection Fund. (

1		cc) Corrections of Numbers. For correction of the case number, case title, or a
3		ttorney computer identification number, if required by r
4		ule of court, on any document filed in the clerk's office, t
5		o be charged against the party that filed the document, a m
6		inimum of $25 and a maximum of $40. (
7		dd) Exceptions. (1) The fee requirements of this Section shall not a
9		pply to police departments or other law enforcement a
10		gencies. In this Section, "law enforcement agency" means a
11		n agency of the State or a unit of local government which i
12		s vested by law or ordinance with the duty to maintain p
13		ublic order and to enforce criminal laws or ordinances. "
14		Law enforcement agency" also means the Attorney General or a
15		ny state's attorney. (2) No fee provided herein shall be charged to any unit o
17		f local government or school district. The fee r
18		equirements of this Section shall not apply to any action i
19		nstituted under subsection (b) of Section 11-31-1 of the I
20		llinois Municipal Code by a private owner or tenant of r
21		eal property within 1200 feet of a dangerous or unsafe b
22		uilding seeking an order compelling the owner or owners of t
23		he building to take any of the actions authorized under t
24		hat subsection. (3) The fee requirements of this Section shall not a
26		pply to the filing of any commitment petition or petition f
27		or an order authorizing the administration of authorized i
28		nvoluntary treatment in the form of medication under the M
29		ental Health and Developmental Disabilities Code. (
30		ee) Adoption. (1) For an adoption..............................$65 (2) Upon good cause shown, the court may waive the a
33		doption filing fee in a special needs adoption. The term "
34		special needs adoption" shall have the meaning ascribed to i
35		t by the Illinois Department of Children and Family S
36		ervices. (

1		ff) Adoption exemptions. No fee other than that set forth in subsection (ee) s
3		hall be charged to any person in connection with an a
4		doption proceeding nor may any fee be charged for p
5		roceedings for the appointment of a confidential i
6		ntermediary under the Adoption Act. (
7		Source: P.A. 92-521, eff. 6-1-02; 93-385, eff. 7-25-03; 9
8		3-573, eff. 8-21-03; revised 9-8-03.)

9		ection 465. The Juvenile Court Act of 1987 is amended by c
10		hanging Sections 1-3, 2-23, 3-24, 4-21, and 5-710 as follows: (
11		705 ILCS 405/1-3) (from Ch. 37, par. 801-3) S
12		ec. 1-3. Definitions. Terms used in this Act, unless the c
13		ontext otherwise requires, have the following meanings a
14		scribed to them: (
15		1) "Adjudicatory hearing" means a hearing to determine w
16		hether the allegations of a petition under Section 2-13, 3-15 o
17		r 4-12 that a minor under 18 years of age is abused, neglected o
18		r dependent, or requires authoritative intervention, or a
19		ddicted, respectively, are supported by a preponderance of the e
20		vidence or whether the allegations of a petition under Section 5
21		-520 that a minor is delinquent are proved beyond a reasonable d
22		oubt. (
23		2) "Adult" means a person 21 years of age or older. (
24		3) "Agency" means a public or private child care facility l
25		egally authorized or licensed by this State for placement or i
26		nstitutional care or for both placement and institutional c
27		are. (
28		4) "Association" means any organization, public or p
29		rivate, engaged in welfare functions which include services to o
30		r on behalf of children but does not include "agency" as h
31		erein defined. (
32		4.05) Whenever a "best interest" determination is r
33		equired, the following factors shall be considered in the c
34		ontext of the child's age and developmental needs: (

1		a) the physical safety and welfare of the child, including f
2		ood, shelter, health, and clothing; (
3		b) the development of the child's identity; (
4		c) the child's background and ties, including familial, c
5		ultural, and religious; (
6		d) the child's sense of attachments, including: (i) where the child actually feels love, attachment, a
8		nd a sense of being valued (as opposed to where adults b
9		elieve the child should feel such love, attachment, and a s
10		ense of being valued); (ii) the child's sense of security; (iii) the child's sense of familiarity; (iv) continuity of affection for the child; (v) the least disruptive placement alternative for the c
15		hild; (
16		e) the child's wishes and long-term goals; (
17		f) the child's community ties, including church, school, a
18		nd friends; (
19		g) the child's need for permanence which includes the c
20		hild's need for stability and continuity of relationships with p
21		arent figures and with siblings and other relatives; (
22		h) the uniqueness of every family and child; (
23		i) the risks attendant to entering and being in substitute c
24		are; and (
25		j) the preferences of the persons available to care for t
26		he child. (
27		4.1) "Chronic truant" shall have the definition ascribed t
28		o it in Section 26-2a of the School Code. (
29		5) "Court" means the circuit court in a session or d
30		ivision assigned to hear proceedings under this Act. (
31		6) "Dispositional hearing" means a hearing to determine w
32		hether a minor should be adjudged to be a ward of the court, a
33		nd to determine what order of disposition should be made in r
34		espect to a minor adjudged to be a ward of the court. (
35		7) "Emancipated minor" means any minor 16 years of age or o
36		ver who has been completely or partially emancipated under the "

1		Emancipation of Mature Minors Act", enacted by the E
2		ighty-First General Assembly, or under this Act. (
3		8) "Guardianship of the person" of a minor means the duty a
4		nd authority to act in the best interests of the minor, s
5		ubject to residual parental rights and responsibilities, to m
6		ake important decisions in matters having a permanent effect o
7		n the life and development of the minor and to be concerned w
8		ith his or her general welfare. It includes but is not n
9		ecessarily limited to: (a) the authority to consent to marriage, to enlistment i
11		n the armed forces of the United States, or to a major m
12		edical, psychiatric, and surgical treatment; to represent t
13		he minor in legal actions; and to make other decisions of s
14		ubstantial legal significance concerning the minor; (b) the authority and duty of reasonable visitation, e
16		xcept to the extent that these have been limited in the b
17		est interests of the minor by court order; (c) the rights and responsibilities of legal custody e
19		xcept where legal custody has been vested in another p
20		erson or agency; and (d) the power to consent to the adoption of the minor, b
22		ut only if expressly conferred on the guardian in a
23		ccordance with Section 2-29, 3-30, or 4-27. (
24		9) "Legal custody" means the relationship created by an o
25		rder of court in the best interests of the minor which imposes o
26		n the custodian the responsibility of physical possession of a m
27		inor and the duty to protect, train and discipline him and to p
28		rovide him with food, shelter, education and ordinary medical c
29		are, except as these are limited by residual parental rights a
30		nd responsibilities and the rights and responsibilities of the g
31		uardian of the person, if any. (
32		10) "Minor" means a person under the age of 21 years s
33		ubject to this Act. (
34		11) "Parent" means the father or mother of a child and i
35		ncludes any adoptive parent. It also includes a man (i) whose p
36		aternity is presumed or has been established under the law of t

1		his or another jurisdiction or (ii) who has registered with t
2		he Putative Father Registry in accordance with Section 12.1 of t
3		he Adoption Act and whose paternity has not been ruled out u
4		nder the law of this or another jurisdiction. It does not i
5		nclude a parent whose rights in respect to the minor have been t
6		erminated in any manner provided by law. (
7		11.1) "Permanency goal" means a goal set by the court as d
8		efined in subdivision (2) of Section 2-28. (
9		11.2) "Permanency hearing" means a hearing to set the p
10		ermanency goal and to review and determine (i) the a
11		ppropriateness of the services contained in the plan and w
12		hether those services have been provided, (ii) whether r
13		easonable efforts have been made by all the parties to the s
14		ervice plan to achieve the goal, and (iii) whether the plan a
15		nd goal have been achieved. (
16		12) "Petition" means the petition provided for in Section 2
17		-13, 3-15, 4-12 or 5-520, including any supplemental petitions t
18		hereunder in Section 3-15, 4-12 or 5-520. (
19		13) "Residual parental rights and responsibilities" means t
20		hose rights and responsibilities remaining with the parent a
21		fter the transfer of legal custody or guardianship of the p
22		erson, including, but not necessarily limited to, the right to r
23		easonable visitation (which may be limited by the court in the b
24		est interests of the minor as provided in subsection (8)(b) of t
25		his Section), the right to consent to adoption, the right to d
26		etermine the minor's religious affiliation, and the r
27		esponsibility for his support. (
28		14) "Shelter" means the temporary care of a minor in p
29		hysically unrestricting facilities pending court disposition o
30		r execution of court order for placement. (
31		15) "Station adjustment" means the informal handling of an a
32		lleged offender by a juvenile police officer. (
33		16) "Ward of the court" means a minor who is so adjudged u
34		nder Section 2-22, 3-23, 4-20 or 5-705, after a finding of the r
35		equisite jurisdictional facts, and thus is subject to the d
36		ispositional powers of the court under this Act. (

1		17) "Juvenile police officer" means a sworn police officer w
2		ho has completed a Basic Recruit Training Course, has been a
3		ssigned to the position of juvenile police officer by his or h
4		er chief law enforcement officer and has completed the n
5		ecessary juvenile officers training as prescribed by the I
6		llinois Law Enforcement Training Standards Board, or in the c
7		ase of a State police officer, juvenile officer training a
8		pproved by the Director of the Department of State Police. (
9		18) "Secure child care facility" means any child care f
10		acility licensed by the Department of Children and Family S
11		ervices to provide secure living arrangements for children u
12		nder 18 years of age who are subject to placement in f
13		acilities under the Children and Family Services Act and who a
14		re not subject to placement in facilities for whom standards a
15		re established by the Department of Corrections under Section 3
16		-15-2 of the Unified Code of Corrections. "Secure child care f
17		acility" also means a facility that is designed and operated t
18		o ensure that all entrances and exits from the facility, a b
19		uilding, or a distinct part of the building are under the e
20		xclusive control of the staff of the facility, whether or not t
21		he child has the freedom of movement within the perimeter of t
22		he facility, building, or distinct part of the building. (
23		Source: P.A. 90-28, eff. 1-1-98; 90-87, eff. 9-1-97; 90-590, e
24		ff. 1-1-99; 90-608, eff. 6-30-98; 90-655, eff. 7-30-98; 9
25		1-357, eff. 7-29-99; revised 10-9-03.) (
26		705 ILCS 405/2-23) (from Ch. 37, par. 802-23) S
27		ec. 2-23. Kinds of dispositional orders. (
28		1) The following kinds of orders of disposition may be m
29		ade in respect of wards of the court: (a) A minor under 18 years of age found to be neglected o
31		r abused under Section 2-3 or dependent under Section 2-4 m
32		ay be (1) continued in the custody of his or her parents, g
33		uardian or legal custodian; (2) placed in accordance with S
34		ection 2-27; (3) restored to the custody of the parent, p
35		arents, guardian, or legal custodian, provided the court s

1		hall order the parent, parents, guardian, or legal c
2		ustodian to cooperate with the Department of Children and F
3		amily Services and comply with the terms of an after-care p
4		lan or risk the loss of custody of the child and the p
5		ossible termination of their parental rights; or (4) o
6		rdered partially or completely emancipated in accordance w
7		ith the provisions of the Emancipation of Mature Minors A
8		ct. However, in any case in which a minor is found by the c
10		ourt to be neglected or abused under Section 2-3 of this A
11		ct, custody of the minor shall not be restored to any p
12		arent, guardian or legal custodian whose acts or omissions o
13		r both have been identified, pursuant to subsection (1) of S
14		ection 2-21, as forming the basis for the court's finding o
15		f abuse or neglect, until such time as a hearing is held o
16		n the issue of the best interests of the minor and the f
17		itness of such parent, guardian or legal custodian to care f
18		or the minor without endangering the minor's health or s
19		afety, and the court enters an order that such parent, g
20		uardian or legal custodian is fit to care for the minor. (b) A minor under 18 years of age found to be dependent u
22		nder Section 2-4 may be (1) placed in accordance with S
23		ection 2-27 or (2) ordered partially or completely e
24		mancipated in accordance with the provisions of the E
25		mancipation of Mature Minors Act. However, in any case in which a minor is found by the c
27		ourt to be dependent under Section 2-4 of this Act, c
28		ustody of the minor shall not be restored to any parent, g
29		uardian or legal custodian whose acts or omissions or both h
30		ave been identified, pursuant to subsection (1) of Section 2
31		-21, as forming the basis for the court's finding of d
32		ependency, until such time as a hearing is held on the i
33		ssue of the fitness of such parent, guardian or legal c
34		ustodian to care for the minor without endangering the m
35		inor's health or safety, and the court enters an order t
36		hat such parent, guardian or legal custodian is fit to c

1		are for the minor. (c) When the court awards guardianship to the D
3		epartment of Children and Family Services, the court shall o
4		rder the parents to cooperate with the Department of C
5		hildren and Family Services, comply with the terms of the s
6		ervice plans, and correct the conditions that require the c
7		hild to be in care, or risk termination of their parental r
8		ights. (
9		2) Any order of disposition may provide for protective s
10		upervision under Section 2-24 and may include an order of p
11		rotection under Section 2-25. U
12		nless the order of disposition expressly so provides, it d
13		oes not operate to close proceedings on the pending petition, b
14		ut is subject to modification, not inconsistent with Section 2
15		-28, until final closing and discharge of the proceedings u
16		nder Section 2-31. (
17		3) The court also shall enter any other orders necessary t
18		o fulfill the service plan, including, but not limited to, (i) o
19		rders requiring parties to cooperate with services, (ii) r
20		estraining orders controlling the conduct of any party likely t
21		o frustrate the achievement of the goal, and (iii) visiting o
22		rders. Unless otherwise specifically authorized by law, the c
23		ourt is not empowered under this subsection (3) to order s
24		pecific placements, specific services, or specific service p
25		roviders to be included in the plan. If the court concludes t
26		hat the Department of Children and Family Services has abused i
27		ts discretion in setting the current service plan or p
28		ermanency goal for the minor, the court shall enter specific f
29		indings in writing based on the evidence and shall enter an o
30		rder for the Department to develop and implement a new p
31		ermanency goal and service plan consistent with the court's f
32		indings. The new service plan shall be filed with the court a
33		nd served on all parties. The court shall continue the matter u
34		ntil the new service plan is filed. (
35		4) In addition to any other order of disposition, the c
36		ourt may order any minor adjudicated neglected with respect to h

1		is or her own injurious behavior to make restitution, in m
2		onetary or non-monetary form, under the terms and conditions o
3		f Section 5-5-6 of the Unified Code of Corrections, except t
4		hat the "presentence hearing" referred to therein shall be the d
5		ispositional hearing for purposes of this Section. The parent, g
6		uardian or legal custodian of the minor may pay some or all of s
7		uch restitution on the minor's behalf. (
8		5) Any order for disposition where the minor is committed o
9		r placed in accordance with Section 2-27 shall provide for the p
10		arents or guardian of the estate of such minor to pay to the l
11		egal custodian or guardian of the person of the minor such s
12		ums as are determined by the custodian or guardian of the p
13		erson of the minor as necessary for the minor's needs. Such p
14		ayments may not exceed the maximum amounts provided for by S
15		ection 9.1 of the Children and Family Services Act. (
16		6) Whenever the order of disposition requires the minor to a
17		ttend school or participate in a program of training, the t
18		ruant officer or designated school official shall regularly r
19		eport to the court if the minor is a chronic or habitual t
20		ruant under Section 26-2a of the School Code. (
21		7) The court may terminate the parental rights of a parent a
22		t the initial dispositional hearing if all of the conditions i
23		n subsection (5) of Section 2-21 are met. (
24		Source: P.A. 89-17, eff. 5-31-95; 89-235, eff. 8-4-95; 90-27, e
25		ff. 1-1-98; 90-28, eff. 1-1-98; 90-608, eff. 6-30-98; 90-655, e
26		ff. 7-30-98; revised 10-9-03.) (
27		705 ILCS 405/3-24) (from Ch. 37, par. 803-24) S
28		ec. 3-24. Kinds of dispositional orders. (
29		1) The following kinds of orders of disposition may be m
30		ade in respect to wards of the court: A minor found to be r
31		equiring authoritative intervention under Section 3-3 may be (
32		a) committed to the Department of Children and Family S
33		ervices, subject to Section 5 of the Children and Family S
34		ervices Act; (b) placed under supervision and released to his o
35		r her parents, guardian or legal custodian; (c) placed in a

1		ccordance with Section 3-28 with or without also being placed u
2		nder supervision. Conditions of supervision may be modified or t
3		erminated by the court if it deems that the best interests of t
4		he minor and the public will be served thereby; (d) ordered p
5		artially or completely emancipated in accordance with the p
6		rovisions of the Emancipation of Mature Minors Act; or (e) s
7		ubject to having his or her driver's license or driving p
8		rivilege suspended for such time as determined by the Court b
9		ut only until he or she attains 18 years of age. (
10		2) Any order of disposition may provide for protective s
11		upervision under Section 3-25 and may include an order of p
12		rotection under Section 3-26. (
13		3) Unless the order of disposition expressly so provides, i
14		t does not operate to close proceedings on the pending p
15		etition, but is subject to modification until final closing a
16		nd discharge of the proceedings under Section 3-32. (
17		4) In addition to any other order of disposition, the c
18		ourt may order any person found to be a minor requiring a
19		uthoritative intervention under Section 3-3 to make r
20		estitution, in monetary or non-monetary form, under the terms a
21		nd conditions of Section 5-5-6 of the Unified Code of C
22		orrections, except that the "presentence hearing" referred to t
23		herein shall be the dispositional hearing for purposes of this S
24		ection. The parent, guardian or legal custodian of the minor m
25		ay pay some or all of such restitution on the minor's behalf. (
26		5) Any order for disposition where the minor is committed o
27		r placed in accordance with Section 3-28 shall provide for the p
28		arents or guardian of the estate of such minor to pay to the l
29		egal custodian or guardian of the person of the minor such s
30		ums as are determined by the custodian or guardian of the p
31		erson of the minor as necessary for the minor's needs. Such p
32		ayments may not exceed the maximum amounts provided for by S
33		ection 9.1 of the Children and Family Services Act. (
34		6) Whenever the order of disposition requires the minor to a
35		ttend school or participate in a program of training, the t
36		ruant officer or designated school official shall regularly r

1		eport to the court if the minor is a chronic or habitual t
2		ruant under Section 26-2a of the School Code. (
3		7) The court must impose upon a minor under an order of c
4		ontinuance under supervision or an order of disposition under t
5		his Article III, as a condition of the order, a fee of $25 for e
6		ach month or partial month of supervision with a probation o
7		fficer. If the court determines the inability of the minor, or t
8		he parent, guardian, or legal custodian of the minor to pay t
9		he fee, the court may impose a lesser fee. The court may not i
10		mpose the fee on a minor who is made a ward of the State under t
11		his Act. The fee may be imposed only upon a minor who is a
12		ctively supervised by the probation and court services d
13		epartment. The fee must be collected by the clerk of the c
14		ircuit court. The clerk of the circuit court must pay all m
15		onies collected from this fee to the county treasurer for d
16		eposit into the probation and court services fund under S
17		ection 15.1 of the Probation and Probation Officers Act. (
18		Source: P.A. 92-329, eff. 8-9-01; revised 10-9-03.) (
19		705 ILCS 405/4-21) (from Ch. 37, par. 804-21) S
20		ec. 4-21. Kinds of dispositional orders. (
21		1) A minor found to be addicted under Section 4-3 may be (
22		a) committed to the Department of Children and Family S
23		ervices, subject to Section 5 of the Children and Family S
24		ervices Act; (b) placed under supervision and released to his o
25		r her parents, guardian or legal custodian; (c) placed in a
26		ccordance with Section 4-25 with or without also being placed u
27		nder supervision. Conditions of supervision may be modified or t
28		erminated by the court if it deems that the best interests of t
29		he minor and the public will be served thereby; (d) required t
30		o attend an approved alcohol or drug abuse treatment or c
31		ounseling program on an inpatient or outpatient basis instead o
32		f or in addition to the disposition otherwise provided for in t
33		his paragraph; (e) ordered partially or completely e
34		mancipated in accordance with the provisions of the E
35		mancipation of Mature Minors Act; or (f) subject to having his o

1		r her driver's license or driving privilege suspended for such t
2		ime as determined by the Court but only until he or she a
3		ttains 18 years of age. No disposition under this subsection s
4		hall provide for the minor's placement in a secure facility. (
5		2) Any order of disposition may provide for protective s
6		upervision under Section 4-22 and may include an order of p
7		rotection under Section 4-23. (
8		3) Unless the order of disposition expressly so provides, i
9		t does not operate to close proceedings on the pending p
10		etition, but is subject to modification until final closing a
11		nd discharge of the proceedings under Section 4-29. (
12		4) In addition to any other order of disposition, the c
13		ourt may order any minor found to be addicted under this A
14		rticle as neglected with respect to his or her own injurious b
15		ehavior, to make restitution, in monetary or non-monetary f
16		orm, under the terms and conditions of Section 5-5-6 of the U
17		nified Code of Corrections, except that the "presentence h
18		earing" referred to therein shall be the dispositional hearing f
19		or purposes of this Section. The parent, guardian or legal c
20		ustodian of the minor may pay some or all of such restitution o
21		n the minor's behalf. (
22		5) Any order for disposition where the minor is placed in a
23		ccordance with Section 4-25 shall provide for the parents or g
24		uardian of the estate of such minor to pay to the legal c
25		ustodian or guardian of the person of the minor such sums as a
26		re determined by the custodian or guardian of the person of t
27		he minor as necessary for the minor's needs. Such payments may n
28		ot exceed the maximum amounts provided for by Section 9.1 of t
29		he Children and Family Services Act. (
30		6) Whenever the order of disposition requires the minor to a
31		ttend school or participate in a program of training, the t
32		ruant officer or designated school official shall regularly r
33		eport to the court if the minor is a chronic or habitual t
34		ruant under Section 26-2a of the School Code. (
35		7) The court must impose upon a minor under an order of c
36		ontinuance under supervision or an order of disposition under t

1		his Article IV, as a condition of the order, a fee of $25 for e
2		ach month or partial month of supervision with a probation o
3		fficer. If the court determines the inability of the minor, or t
4		he parent, guardian, or legal custodian of the minor to pay t
5		he fee, the court may impose a lesser fee. The court may not i
6		mpose the fee on a minor who is made a ward of the State under t
7		his Act. The fee may be imposed only upon a minor who is a
8		ctively supervised by the probation and court services d
9		epartment. The fee must be collected by the clerk of the c
10		ircuit court. The clerk of the circuit court must pay all m
11		onies collected from this fee to the county treasurer for d
12		eposit into the probation and court services fund under S
13		ection 15.1 of the Probation and Probation Officers Act. (
14		Source: P.A. 92-329, eff. 8-9-01; revised 10-9-03.) (
15		705 ILCS 405/5-710) S
16		ec. 5-710. Kinds of sentencing orders. (
17		1) The following kinds of sentencing orders may be made in r
18		espect of wards of the court: (a) Except as provided in Sections 5-805, 5-810, 5-815, a
20		minor who is found guilty under Section 5-620 may be: (i) put on probation or conditional discharge and r
22		eleased to his or her parents, guardian or legal c
23		ustodian, provided, however, that any such minor who i
24		s not committed to the Department of Corrections, J
25		uvenile Division under this subsection and who is f
26		ound to be a delinquent for an offense which is first d
27		egree murder, a Class X felony, or a forcible felony s
28		hall be placed on probation; (ii) placed in accordance with Section 5-740, with o
30		r without also being put on probation or conditional d
31		ischarge; (iii) required to undergo a substance abuse a
33		ssessment conducted by a licensed provider and p
34		articipate in the indicated clinical level of care; (iv) placed in the guardianship of the Department o

1		f Children and Family Services, but only if the d
2		elinquent minor is under 13 years of age; (v) placed in detention for a period not to exceed 3
4		0 days, either as the exclusive order of disposition o
5		r, where appropriate, in conjunction with any other o
6		rder of disposition issued under this paragraph, p
7		rovided that any such detention shall be in a juvenile d
8		etention home and the minor so detained shall be 10 y
9		ears of age or older. However, the 30-day limitation m
10		ay be extended by further order of the court for a m
11		inor under age 13 committed to the Department of C
12		hildren and Family Services if the court finds that t
13		he minor is a danger to himself or others. The minor s
14		hall be given credit on the sentencing order of d
15		etention for time spent in detention under Sections 5
16		-501, 5-601, 5-710, or 5-720 of this Article as a r
17		esult of the offense for which the sentencing order w
18		as imposed. The court may grant credit on a sentencing o
19		rder of detention entered under a violation of p
20		robation or violation of conditional discharge under S
21		ection 5-720 of this Article for time spent in d
22		etention before the filing of the petition alleging t
23		he violation. A minor shall not be deprived of credit f
24		or time spent in detention before the filing of a v
25		iolation of probation or conditional discharge a
26		lleging the same or related act or acts; (vi) ordered partially or completely emancipated i
28		n accordance with the provisions of the Emancipation o
29		f Mature Minors Act; (vii) subject to having his or her driver's license o
31		r driving privileges suspended for such time as d
32		etermined by the court but only until he or she a
33		ttains 18 years of age; (viii) put on probation or conditional discharge a
35		nd placed in detention under Section 3-6039 of the C
36		ounties Code for a period not to exceed the period of i

1		ncarceration permitted by law for adults found guilty o
2		f the same offense or offenses for which the minor was a
3		djudicated delinquent, and in any event no longer than u
4		pon attainment of age 21; this subdivision (viii) n
5		otwithstanding any contrary provision of the law; or (ix) ordered to undergo a medical or other p
7		rocedure to have a tattoo symbolizing allegiance to a s
8		treet gang removed from his or her body. (b) A minor found to be guilty may be committed to the D
10		epartment of Corrections, Juvenile Division, under S
11		ection 5-750 if the minor is 13 years of age or older, p
12		rovided that the commitment to the Department of C
13		orrections, Juvenile Division, shall be made only if a t
14		erm of incarceration is permitted by law for adults found g
15		uilty of the offense for which the minor was adjudicated d
16		elinquent. The time during which a minor is in custody b
17		efore being released upon the request of a parent, g
18		uardian or legal custodian shall be considered as time s
19		pent in detention. (c) When a minor is found to be guilty for an offense w
21		hich is a violation of the Illinois Controlled Substances A
22		ct or the Cannabis Control Act and made a ward of the c
23		ourt, the court may enter a disposition order requiring t
24		he minor to undergo assessment, counseling or treatment in a
25		substance abuse program approved by the Department of H
26		uman Services. (
27		2) Any sentencing order other than commitment to the D
28		epartment of Corrections, Juvenile Division, may provide for p
29		rotective supervision under Section 5-725 and may include an o
30		rder of protection under Section 5-730. (
31		3) Unless the sentencing order expressly so provides, it d
32		oes not operate to close proceedings on the pending petition, b
33		ut is subject to modification until final closing and d
34		ischarge of the proceedings under Section 5-750. (
35		4) In addition to any other sentence, the court may order a
36		ny minor found to be delinquent to make restitution, in m

1		onetary or non-monetary form, under the terms and conditions o
2		f Section 5-5-6 of the Unified Code of Corrections, except t
3		hat the "presentencing hearing" referred to in that Section s
4		hall be the sentencing hearing for purposes of this Section. T
5		he parent, guardian or legal custodian of the minor may be o
6		rdered by the court to pay some or all of the restitution on t
7		he minor's behalf, pursuant to the Parental Responsibility L
8		aw. The State's Attorney is authorized to act on behalf of any v
9		ictim in seeking restitution in proceedings under this S
10		ection, up to the maximum amount allowed in Section 5 of the P
11		arental Responsibility Law. (
12		5) Any sentencing order where the minor is committed or p
13		laced in accordance with Section 5-740 shall provide for the p
14		arents or guardian of the estate of the minor to pay to the l
15		egal custodian or guardian of the person of the minor such s
16		ums as are determined by the custodian or guardian of the p
17		erson of the minor as necessary for the minor's needs. The p
18		ayments may not exceed the maximum amounts provided for by S
19		ection 9.1 of the Children and Family Services Act. (
20		6) Whenever the sentencing order requires the minor to a
21		ttend school or participate in a program of training, the t
22		ruant officer or designated school official shall regularly r
23		eport to the court if the minor is a chronic or habitual t
24		ruant under Section 26-2a of the School Code. (
25		7) In no event shall a guilty minor be committed to the D
26		epartment of Corrections, Juvenile Division for a period of t
27		ime in excess of that period for which an adult could be c
28		ommitted for the same act. (
29		8) A minor found to be guilty for reasons that include a v
30		iolation of Section 21-1.3 of the Criminal Code of 1961 shall b
31		e ordered to perform community service for not less than 30 a
32		nd not more than 120 hours, if community service is available i
33		n the jurisdiction. The community service shall include, but n
34		eed not be limited to, the cleanup and repair of the damage t
35		hat was caused by the violation or similar damage to property l
36		ocated in the municipality or county in which the violation o

1		ccurred. The order may be in addition to any other order a
2		uthorized by this Section. (
3		8.5) A minor found to be guilty for reasons that include a v
4		iolation of Section 3.02 or Section 3.03 of the Humane Care f
5		or Animals Act or paragraph (d) of subsection (1) of Section 2
6		1-1 of the Criminal Code of 1961 shall be ordered to undergo m
7		edical or psychiatric treatment rendered by a psychiatrist or p
8		sychological treatment rendered by a clinical psychologist. T
9		he order may be in addition to any other order authorized by t
10		his Section. (
11		9) In addition to any other sentencing order, the court s
12		hall order any minor found to be guilty for an act which would c
13		onstitute, predatory criminal sexual assault of a child, a
14		ggravated criminal sexual assault, criminal sexual assault, a
15		ggravated criminal sexual abuse, or criminal sexual abuse if c
16		ommitted by an adult to undergo medical testing to determine w
17		hether the defendant has any sexually transmissible disease i
18		ncluding a test for infection with human immunodeficiency v
19		irus (HIV) or any other identified causative agency of a
20		cquired immunodeficiency syndrome (AIDS). Any medical test s
21		hall be performed only by appropriately licensed medical p
22		ractitioners and may include an analysis of any bodily fluids a
23		s well as an examination of the minor's person. Except as o
24		therwise provided by law, the results of the test shall be k
25		ept strictly confidential by all medical personnel involved in t
26		he testing and must be personally delivered in a sealed e
27		nvelope to the judge of the court in which the sentencing o
28		rder was entered for the judge's inspection in camera. Acting i
29		n accordance with the best interests of the victim and the p
30		ublic, the judge shall have the discretion to determine to w
31		hom the results of the testing may be revealed. The court s
32		hall notify the minor of the results of the test for infection w
33		ith the human immunodeficiency virus (HIV). The court shall a
34		lso notify the victim if requested by the victim, and if the v
35		ictim is under the age of 15 and if requested by the victim's p
36		arents or legal guardian, the court shall notify the victim's p

1		arents or the legal guardian, of the results of the test for i
2		nfection with the human immunodeficiency virus (HIV). The c
3		ourt shall provide information on the availability of HIV t
4		esting and counseling at the Department of Public Health f
5		acilities to all parties to whom the results of the testing a
6		re revealed. The court shall order that the cost of any test s
7		hall be paid by the county and may be taxed as costs against t
8		he minor. (
9		10) When a court finds a minor to be guilty the court s
10		hall, before entering a sentencing order under this Section, m
11		ake a finding whether the offense committed either: (a) was r
12		elated to or in furtherance of the criminal activities of an o
13		rganized gang or was motivated by the minor's membership in or a
14		llegiance to an organized gang, or (b) involved a violation of s
15		ubsection (a) of Section 12-7.1 of the Criminal Code of 1961, a
16		violation of any Section of Article 24 of the Criminal Code o
17		f 1961, or a violation of any statute that involved the w
18		rongful use of a firearm. If the court determines the question i
19		n the affirmative, and the court does not commit the minor to t
20		he Department of Corrections, Juvenile Division, the court s
21		hall order the minor to perform community service for not less t
22		han 30 hours nor more than 120 hours, provided that community s
23		ervice is available in the jurisdiction and is funded and a
24		pproved by the county board of the county where the offense w
25		as committed. The community service shall include, but need n
26		ot be limited to, the cleanup and repair of any damage caused b
27		y a violation of Section 21-1.3 of the Criminal Code of 1961 a
28		nd similar damage to property located in the municipality or c
29		ounty in which the violation occurred. When possible and r
30		easonable, the community service shall be performed in the m
31		inor's neighborhood. This order shall be in addition to any o
32		ther order authorized by this Section except for an order to p
33		lace the minor in the custody of the Department of C
34		orrections, Juvenile Division. For the purposes of this S
35		ection, "organized gang" has the meaning ascribed to it in S
36		ection 10 of the Illinois Streetgang Terrorism Omnibus P

1		revention Act. (
2		Source: P.A. 91-98, eff. 1-1-00; 92-454, eff. 1-1-02; revised 1
3		0-9-03.)

4		ection 470. The Criminal Code of 1961 is amended by r
5		enumbering Section 2-.5, changing Sections 9-3, 10-6, 12-2, 1
6		2-10.1, 14-3, 17-1, and 24-2, and setting forth and r
7		enumbering multiple versions of Section 12-4.10 as follows: (
8		720 ILCS 5/2-0.5) (was 720 ILCS 5/2-.5) S
9		ec. 2-0.5 2-.5. Definitions. For the purposes of this C
10		ode, the words and phrases described in this Article have the m
11		eanings designated in this Article, except when a particular c
12		ontext clearly requires a different meaning. (
13		Source: Laws 1961, p. 1983; revised 1-22-04.) (
14		720 ILCS 5/9-3) (from Ch. 38, par. 9-3) (
15		Text of Section before amendment by P.A. 93-178) S
16		ec. 9-3. Involuntary Manslaughter and Reckless Homicide. (
17		a) A person who unintentionally kills an individual w
18		ithout lawful justification commits involuntary manslaughter i
19		f his acts whether lawful or unlawful which cause the death a
20		re such as are likely to cause death or great bodily harm to s
21		ome individual, and he performs them recklessly, except in c
22		ases in which the cause of the death consists of the driving o
23		f a motor vehicle or operating a snowmobile, all-terrain v
24		ehicle, or watercraft, in which case the person commits r
25		eckless homicide. (
26		b) (Blank). (
27		c) (Blank). (
28		d) Sentence. (1) Involuntary manslaughter is a Class 3 felony. (2) Reckless homicide is a Class 3 felony. (
31		e) (Blank). (
32		e-5) (Blank). (
33		f) In cases involving involuntary manslaughter in which t

1		he victim was a family or household member as defined in p
2		aragraph (3) of Section 112A-3 of the Code of Criminal P
3		rocedure of 1963, the penalty shall be a Class 2 felony, for w
4		hich a person if sentenced to a term of imprisonment, shall be s
5		entenced to a term of not less than 3 years and not more than 1
6		4 years. (
7		Source: P.A. 92-16, eff. 6-28-01; 93-213, eff. 7-18-03.) (
8		Text of Section after amendment by P.A. 93-178) S
9		ec. 9-3. Involuntary Manslaughter and Reckless Homicide. (
10		a) A person who unintentionally kills an individual w
11		ithout lawful justification commits involuntary manslaughter i
12		f his acts whether lawful or unlawful which cause the death a
13		re such as are likely to cause death or great bodily harm to s
14		ome individual, and he performs them recklessly, except in c
15		ases in which the cause of the death consists of the driving o
16		f a motor vehicle or operating a snowmobile, all-terrain v
17		ehicle, or watercraft, in which case the person commits r
18		eckless homicide. (
19		b) (Blank). (
20		c) (Blank). (
21		d) Sentence. (1) Involuntary manslaughter is a Class 3 felony. (2) Reckless homicide is a Class 3 felony. (
24		e) (Blank). subsections, (e-7), and (e-8) (
25		e-5) (Blank). (
26		e-7) Except as otherwise provided in subsection (e-8), in c
27		ases involving reckless homicide in which the defendant was d
28		riving in a construction or maintenance zone, as defined in S
29		ection 11-605 of the Illinois Vehicle Code, the penalty is a C
30		lass 2 felony, for which a person, if sentenced to a term of i
31		mprisonment, shall be sentenced to a term of not less than 3 y
32		ears and not more than 14 years. (
33		e-8) In cases involving reckless homicide in which the d
34		efendant was driving in a construction or maintenance zone, as d
35		efined in Section 11-605 of the Illinois Vehicle Code, and c

1		aused the deaths of 2 or more persons as part of a single c
2		ourse of conduct, the penalty is a Class 2 felony, for which a p
3		erson, if sentenced to a term of imprisonment, shall be s
4		entenced to a term of not less than 6 years and not more than 2
5		8 years. (
6		f) In cases involving involuntary manslaughter in which t
7		he victim was a family or household member as defined in p
8		aragraph (3) of Section 112A-3 of the Code of Criminal P
9		rocedure of 1963, the penalty shall be a Class 2 felony, for w
10		hich a person if sentenced to a term of imprisonment, shall be s
11		entenced to a term of not less than 3 years and not more than 1
12		4 years. (
13		Source: P.A. 92-16, eff. 6-28-01; 93-178, eff. 6-1-04; 93-213, e
14		ff. 7-18-03; revised 7-28-03.) (
15		720 ILCS 5/10-6) (from Ch. 38, par. 10-6) S
16		ec. 10-6. Harboring a runaway. (
17		a) Any person, other than an agency or association p
18		roviding crisis intervention services as defined in Section 3
19		-5 of the Juvenile Court Act of 1987, or an operator of a y
20		outh emergency shelter as defined in Section 2.21 of the Child C
21		are Act of 1969, who, without the knowledge and consent of the m
22		inor's parent or guardian, knowingly gives shelter to a minor, o
23		ther than a mature minor who has been emancipated under the E
24		mancipation of Mature Minors Act, for more than 48 hours w
25		ithout the consent of the minor's parent or guardian, and w
26		ithout notifying the local law enforcement authorities of the m
27		inor's name and the fact that the minor is being provided s
28		helter commits the offense of harboring a runaway. (
29		b) Any person who commits the offense of harboring a r
30		unaway is guilty of a Class A misdemeanor. (
31		Source: P.A. 86-278; 86-386; revised 10-9-03.) (
32		720 ILCS 5/12-2) (from Ch. 38, par. 12-2) S
33		ec. 12-2. Aggravated assault. (
34		a) A person commits an aggravated assault, when, in c

1		ommitting an assault, he: (1) Uses a deadly weapon or any device manufactured and d
3		esigned to be substantially similar in appearance to a f
4		irearm, other than by discharging a firearm in the d
5		irection of another person, a peace officer, a person s
6		ummoned or directed by a peace officer, a correctional o
7		fficer or a fireman or in the direction of a vehicle o
8		ccupied by another person, a peace officer, a person s
9		ummoned or directed by a peace officer, a correctional o
10		fficer or a fireman while the officer or fireman is e
11		ngaged in the execution of any of his official duties, or t
12		o prevent the officer or fireman from performing his o
13		fficial duties, or in retaliation for the officer or f
14		ireman performing his official duties; (2) Is hooded, robed or masked in such manner as to c
16		onceal his identity or any device manufactured and d
17		esigned to be substantially similar in appearance to a f
18		irearm; (3) Knows the individual assaulted to be a teacher or o
20		ther person employed in any school and such teacher or o
21		ther employee is upon the grounds of a school or grounds a
22		djacent thereto, or is in any part of a building used for s
23		chool purposes; (4) Knows the individual assaulted to be a supervisor, d
25		irector, instructor or other person employed in any park d
26		istrict and such supervisor, director, instructor or o
27		ther employee is upon the grounds of the park or grounds a
28		djacent thereto, or is in any part of a building used for p
29		ark purposes; (5) Knows the individual assaulted to be a caseworker, i
31		nvestigator, or other person employed by the State D
32		epartment of Public Aid, a County Department of Public A
33		id, or the Department of Human Services (acting as s
34		uccessor to the Illinois Department of Public Aid under t
35		he Department of Human Services Act) and such caseworker, i
36		nvestigator, or other person is upon the grounds of a p

1		ublic aid office or grounds adjacent thereto, or is in any p
2		art of a building used for public aid purposes, or upon t
3		he grounds of a home of a public aid applicant, recipient o
4		r any other person being interviewed or investigated in t
5		he employees' discharge of his duties, or on grounds a
6		djacent thereto, or is in any part of a building in which t
7		he applicant, recipient, or other such person resides or i
8		s located; (6) Knows the individual assaulted to be a peace o
10		fficer, or a community policing volunteer, or a fireman w
11		hile the officer or fireman is engaged in the execution of a
12		ny of his official duties, or to prevent the officer, c
13		ommunity policing volunteer, or fireman from performing h
14		is official duties, or in retaliation for the officer, c
15		ommunity policing volunteer, or fireman performing his o
16		fficial duties, and the assault is committed other than by t
17		he discharge of a firearm in the direction of the officer o
18		r fireman or in the direction of a vehicle occupied by the o
19		fficer or fireman; (7) Knows the individual assaulted to be an emergency m
21		edical technician - ambulance, emergency medical t
22		echnician - intermediate, emergency medical technician - p
23		aramedic, ambulance driver or other medical assistance or f
24		irst aid personnel engaged in the execution of any of his o
25		fficial duties, or to prevent the emergency medical t
26		echnician - ambulance, emergency medical technician - i
27		ntermediate, emergency medical technician - paramedic, a
28		mbulance driver, or other medical assistance or first aid p
29		ersonnel from performing his official duties, or in r
30		etaliation for the emergency medical technician - a
31		mbulance, emergency medical technician - intermediate, e
32		mergency medical technician - paramedic, ambulance d
33		river, or other medical assistance or first aid personnel p
34		erforming his official duties; (8) Knows the individual assaulted to be the driver, o
36		perator, employee or passenger of any transportation f

1		acility or system engaged in the business of t
2		ransportation of the public for hire and the individual a
3		ssaulted is then performing in such capacity or then using s
4		uch public transportation as a passenger or using any area o
5		f any description designated by the transportation f
6		acility or system as a vehicle boarding, departure, or t
7		ransfer location; (9) Or the individual assaulted is on or about a public w
9		ay, public property, or public place of accommodation or a
10		musement; (10) Knows the individual assaulted to be an employee o
12		f the State of Illinois, a municipal corporation therein o
13		r a political subdivision thereof, engaged in the p
14		erformance of his authorized duties as such employee; (11) Knowingly and without legal justification, c
16		ommits an assault on a physically handicapped person; (12) Knowingly and without legal justification, c
18		ommits an assault on a person 60 years of age or older; (13) Discharges a firearm; (14) Knows the individual assaulted to be a c
21		orrectional officer, while the officer is engaged in the e
22		xecution of any of his or her official duties, or to p
23		revent the officer from performing his or her official d
24		uties, or in retaliation for the officer performing his or h
25		er official duties; (15) Knows the individual assaulted to be a c
27		orrectional employee or an employee of the Department of H
28		uman Services supervising or controlling sexually d
29		angerous persons or sexually violent persons, while the e
30		mployee is engaged in the execution of any of his or her o
31		fficial duties, or to prevent the employee from performing h
32		is or her official duties, or in retaliation for the e
33		mployee performing his or her official duties, and the a
34		ssault is committed other than by the discharge of a f
35		irearm in the direction of the employee or in the d
36		irection of a vehicle occupied by the employee; or (16) Knows the individual assaulted to be an employee o
2		f a police or sheriff's department engaged in the p
3		erformance of his or her official duties as such employee. (
4		a-5) A person commits an aggravated assault when he or she k
5		nowingly and without lawful justification shines or flashes a l
6		aser gunsight or other laser device that is attached or a
7		ffixed to a firearm, or used in concert with a firearm, so t
8		hat the laser beam strikes near or in the immediate vicinity o
9		f any person. (
10		b) Sentence. A
11		ggravated assault as defined in paragraphs (1) through (5) a
12		nd (8) through (12) of subsection (a) of this Section is a C
13		lass A misdemeanor. Aggravated assault as defined in p
14		aragraphs (13), (14), and (15) of subsection (a) of this S
15		ection and as defined in subsection (a-5) of this Section is a C
16		lass 4 felony. Aggravated assault as defined in paragraphs (
17		6), (7), and (16) of subsection (a) of this Section is a Class A
18		misdemeanor if a firearm is not used in the commission of the a
19		ssault. Aggravated assault as defined in paragraphs (6), (7), a
20		nd (16) of subsection (a) of this Section is a Class 4 felony i
21		f a firearm is used in the commission of the assault. (
22		Source: P.A. 91-672, eff. 1-1-00; 92-841, eff. 8-22-02; 9
23		2-865, eff. 1-3-03; revised 1-9-03.) (
24		720 ILCS 5/12-4.10) S
25		ec. 12-4.10. Drug related child endangerment. (
26		a) A person commits the offense of drug related child e
27		ndangerment when he or she endangers the life and health of a c
28		hild by knowingly exposing the child to a clandestine drug l
29		aboratory environment by performing any of the following acts: (1) producing, manufacturing, or preparing a c
31		ontrolled substance; or (2) producing, manufacturing, or preparing an i
33		ngredient required to manufacture a controlled substance; o
34		r (3) storing chemicals used in the controlled substance m

1		anufacturing process in a structure to which the child has a
2		ccess; or (4) storing contaminated apparatus used in the c
4		ontrolled substance manufacturing process in a structure t
5		o which the child has access; or (5) storing chemical waste and other by-products c
7		reated during the controlled substance manufacturing p
8		rocess in a structure to which the child has access; or (6) storing any device used for the ingestion of c
10		ontrolled substances in a structure to which the child has a
11		ccess. (
12		b) In this Section: "
13		Child" means a person under the age of 18 years. "
14		Structure" means any house, apartment building, shop, b
15		arn, warehouse, building, vessel, railroad car, cargo c
16		ontainer, motor vehicle, house car, trailer, trailer coach, c
17		amper, mine, floating home, watercraft, any structure capable o
18		f holding a clandestine laboratory or any real property. (
19		c) Sentence. A person convicted of drug related child e
20		ndangerment is guilty of a Class 2 felony. (
21		Source: P.A. 93-340, eff. 7-24-03.) (
22		720 ILCS 5/12-4.12) S
23		ec. 12-4.12 12-4.10. Endangering the life and health of an e
24		mergency service provider. (
25		a) A person commits the offense of endangering the life a
26		nd health of an emergency service provider if an emergency s
27		ervice provider experiences death, great bodily harm, d
28		isability, or disfigurement as a result of entering a s
29		tructure containing a clandestine drug laboratory designed or i
30		ntended to produce an unlawful controlled substance or d
31		esigned or intended to produce ingredients used in the m
32		anufacture of an unlawful controlled substance. (
33		b) In this Section: "
34		Emergency service provider" means a peace officer, a f
35		irefighter, an emergency medical technician-ambulance, an e

1		mergency medical-technician-intermediate, an emergency m
2		edical technician-paramedic, an ambulance driver or other m
3		edical or first aid personnel. "
4		Structure" means any house, apartment building, shop, b
5		arn, warehouse, building, vessel, railroad car, cargo c
6		ontainer, motor vehicle, housecar, trailer, trailer coach, c
7		amper, mine, floating home, watercraft, any structure capable o
8		f holding a clandestine laboratory or any real property. (
9		c) Sentence. Endangering the life and health of an e
10		mergency service provider is a Class X felony. (
11		Source: P.A. 93-111, eff. 7-8-03; revised 9-25-03.) (
12		720 ILCS 5/12-10.1) S
13		ec. 12-10.1. Piercing the body of a minor. (
14		a)(1) Any person who pierces the body or oral cavity of a p
15		erson under 18 years of age without written consent of a p
16		arent or legal guardian of that person commits the offense o
17		f piercing the body of a minor. Before the oral cavity of a
18		person under 18 years of age may be pierced, the written c
19		onsent form signed by the parent or legal guardian must c
20		ontain a provision in substantially the following form: "I understand that the oral piercing of the tongue, l
22		ips, cheeks, or any other area of the oral cavity carries s
23		erious risk of infection or damage to the mouth and teeth, o
24		r both infection and damage to those areas, that could r
25		esult but is not limited to nerve damage, numbness, and l
26		ife threatening blood clots.". A person who pierces the oral cavity of a person under 1
28		8 years of age without obtaining a signed written consent f
29		orm from a parent or legal guardian of the person that i
30		ncludes the provision describing the health risks of body p
31		iercing, violates this Section. (2) Sentence. Piercing the body of a minor is a Class C m
33		isdemeanor. (
34		b) Definition. As used in this Section, to "pierce" means t
35		o make a hole in the body or oral cavity in order to insert or a

1		llow the insertion of any ring, hoop, stud, or other object f
2		or the purpose of ornamentation of the body. "Piercing" does n
3		ot include tongue splitting as defined in Section 12-10.2. (
4		c) Exceptions. This Section may not be construed in any w
5		ay to prohibit any injection, incision, acupuncture, or s
6		imilar medical or dental procedure performed by a licensed h
7		ealth care professional or other person authorized to perform t
8		hat procedure. This Section does not prohibit ear piercing. T
9		his Section does not apply to a minor emancipated under the J
10		uvenile Court Act of 1987 or the Emancipation of Mature Minors A
11		ct or by marriage. (
12		Source: P.A. 92-692, eff. 1-1-03; 93-449, eff. 1-1-04; revised 1
13		0-9-03.) (
14		720 ILCS 5/14-3) (from Ch. 38, par. 14-3) S
15		ec. 14-3. Exemptions. The following activities shall be e
16		xempt from the provisions of this Article: (
17		a) Listening to radio, wireless and television c
18		ommunications of any sort where the same are publicly made; (
19		b) Hearing conversation when heard by employees of any c
20		ommon carrier by wire incidental to the normal course of their e
21		mployment in the operation, maintenance or repair of the e
22		quipment of such common carrier by wire so long as no i
23		nformation obtained thereby is used or divulged by the hearer; (
24		c) Any broadcast by radio, television or otherwise whether i
25		t be a broadcast or recorded for the purpose of later b
26		roadcasts of any function where the public is in attendance a
27		nd the conversations are overheard incidental to the main p
28		urpose for which such broadcasts are then being made; (
29		d) Recording or listening with the aid of any device to a
30		ny emergency communication made in the normal course of o
31		perations by any federal, state or local law enforcement a
32		gency or institutions dealing in emergency services, i
33		ncluding, but not limited to, hospitals, clinics, ambulance s
34		ervices, fire fighting agencies, any public utility, e
35		mergency repair facility, civilian defense establishment or m

1		ilitary installation; (
2		e) Recording the proceedings of any meeting required to be o
3		pen by the Open Meetings Act, as amended; (
4		f) Recording or listening with the aid of any device to i
5		ncoming telephone calls of phone lines publicly listed or a
6		dvertised as consumer "hotlines" by manufacturers or r
7		etailers of food and drug products. Such recordings must be d
8		estroyed, erased or turned over to local law enforcement a
9		uthorities within 24 hours from the time of such recording and s
10		hall not be otherwise disseminated. Failure on the part of the i
11		ndividual or business operating any such recording or l
12		istening device to comply with the requirements of this s
13		ubsection shall eliminate any civil or criminal immunity c
14		onferred upon that individual or business by the operation of t
15		his Section; (
16		g) With prior notification to the State's Attorney of the c
17		ounty in which it is to occur, recording or listening with the a
18		id of any device to any conversation where a law enforcement o
19		fficer, or any person acting at the direction of law e
20		nforcement, is a party to the conversation and has consented t
21		o it being intercepted or recorded under circumstances where t
22		he use of the device is necessary for the protection of the l
23		aw enforcement officer or any person acting at the direction o
24		f law enforcement, in the course of an investigation of a f
25		orcible felony, a felony violation of the Illinois Controlled S
26		ubstances Act, a felony violation of the Cannabis Control Act, o
27		r any "streetgang related" or "gang-related" felony as those t
28		erms are defined in the Illinois Streetgang Terrorism Omnibus P
29		revention Act. Any recording or evidence derived as the result o
30		f this exemption shall be inadmissible in any proceeding, c
31		riminal, civil or administrative, except (i) where a party to t
32		he conversation suffers great bodily injury or is killed d
33		uring such conversation, or (ii) when used as direct i
34		mpeachment of a witness concerning matters contained in the i
35		nterception or recording. The Director of the Department of S
36		tate Police shall issue regulations as are necessary c

1		oncerning the use of devices, retention of tape recordings, a
2		nd reports regarding their use; (
3		g-5) With approval of the State's Attorney of the county i
4		n which it is to occur, recording or listening with the aid of a
5		ny device to any conversation where a law enforcement officer, o
6		r any person acting at the direction of law enforcement, is a p
7		arty to the conversation and has consented to it being i
8		ntercepted or recorded in the course of an investigation of a
9		ny offense defined in Article 29D of this Code. In all such c
10		ases, an application for an order approving the previous or c
11		ontinuing use of an eavesdropping device must be made within 4
12		8 hours of the commencement of such use. In the absence of s
13		uch an order, or upon its denial, any continuing use shall i
14		mmediately terminate. The Director of State Police shall issue r
15		ules as are necessary concerning the use of devices, retention o
16		f tape recordings, and reports regarding their use. A
17		ny recording or evidence obtained or derived in the course o
18		f an investigation of any offense defined in Article 29D of t
19		his Code shall, upon motion of the State's Attorney or A
20		ttorney General prosecuting any violation of Article 29D, be r
21		eviewed in camera with notice to all parties present by the c
22		ourt presiding over the criminal case, and, if ruled by the c
23		ourt to be relevant and otherwise admissible, it shall be a
24		dmissible at the trial of the criminal case. T
25		his subsection (g-5) is inoperative on and after January 1
26		, 2005. No conversations recorded or monitored pursuant to t
27		his subsection (g-5) shall be inadmissible inadmissable in a c
28		ourt of law by virtue of the repeal of this subsection (g-5) o
29		n January 1, 2005; (
30		h) Recordings made simultaneously with a video recording o
31		f an oral conversation between a peace officer, who has i
32		dentified his or her office, and a person stopped for an i
33		nvestigation of an offense under the Illinois Vehicle Code; (
34		i) Recording of a conversation made by or at the request o
35		f a person, not a law enforcement officer or agent of a law e
36		nforcement officer, who is a party to the conversation, under r

1		easonable suspicion that another party to the conversation is c
2		ommitting, is about to commit, or has committed a criminal o
3		ffense against the person or a member of his or her immediate h
4		ousehold, and there is reason to believe that evidence of the c
5		riminal offense may be obtained by the recording; (
6		j) The use of a telephone monitoring device by either (1) a
7		corporation or other business entity engaged in marketing or o
8		pinion research or (2) a corporation or other business entity e
9		ngaged in telephone solicitation, as defined in this s
10		ubsection, to record or listen to oral telephone solicitation c
11		onversations or marketing or opinion research conversations b
12		y an employee of the corporation or other business entity w
13		hen: (i) the monitoring is used for the purpose of service q
15		uality control of marketing or opinion research or t
16		elephone solicitation, the education or training of e
17		mployees or contractors engaged in marketing or opinion r
18		esearch or telephone solicitation, or internal research r
19		elated to marketing or opinion research or telephone s
20		olicitation; and (ii) the monitoring is used with the consent of at l
22		east one person who is an active party to the marketing or o
23		pinion research conversation or telephone solicitation c
24		onversation being monitored. N
25		o communication or conversation or any part, portion, or a
26		spect of the communication or conversation made, acquired, or o
27		btained, directly or indirectly, under this exemption (j), may b
28		e, directly or indirectly, furnished to any law enforcement o
29		fficer, agency, or official for any purpose or used in any i
30		nquiry or investigation, or used, directly or indirectly, in a
31		ny administrative, judicial, or other proceeding, or divulged t
32		o any third party. W
33		hen recording or listening authorized by this subsection (
34		j) on telephone lines used for marketing or opinion research o
35		r telephone solicitation purposes results in recording or l
36		istening to a conversation that does not relate to marketing o

1		r opinion research or telephone solicitation; the person r
2		ecording or listening shall, immediately upon determining t
3		hat the conversation does not relate to marketing or opinion r
4		esearch or telephone solicitation, terminate the recording or l
5		istening and destroy any such recording as soon as is p
6		racticable. B
7		usiness entities that use a telephone monitoring or t
8		elephone recording system pursuant to this exemption (j) shall p
9		rovide current and prospective employees with notice that the m
10		onitoring or recordings may occur during the course of their e
11		mployment. The notice shall include prominent signage n
12		otification within the workplace. B
13		usiness entities that use a telephone monitoring or t
14		elephone recording system pursuant to this exemption (j) shall p
15		rovide their employees or agents with access to personal-only t
16		elephone lines which may be pay telephones, that are not s
17		ubject to telephone monitoring or telephone recording. F
18		or the purposes of this subsection (j), "telephone s
19		olicitation" means a communication through the use of a t
20		elephone by live operators: (i) soliciting the sale of goods or services; (ii) receiving orders for the sale of goods or s
23		ervices; (iii) assisting in the use of goods or services; or (iv) engaging in the solicitation, administration, or c
26		ollection of bank or retail credit accounts. F
27		or the purposes of this subsection (j), "marketing or o
28		pinion research" means a marketing or opinion research i
29		nterview conducted by a live telephone interviewer engaged by a
30		corporation or other business entity whose principal business i
31		s the design, conduct, and analysis of polls and surveys m
32		easuring the opinions, attitudes, and responses of r
33		espondents toward products and services, or social or p
34		olitical issues, or both; . (
35		k) Electronic recordings, including but not limited to, a m
36		otion picture, videotape, digital, or other visual or audio r

1		ecording, made of a custodial interrogation of an individual a
2		t a police station or other place of detention by a law e
3		nforcement officer under Section 5-401.5 of the Juvenile Court A
4		ct of 1987 or Section 103-2.1 of the Code of Criminal P
5		rocedure of 1963; and (l) (k) Recording the interview or statement of any person w
7		hen the person knows that the interview is being conducted by a
8		law enforcement officer or prosecutor and the interview takes p
9		lace at a police station that is currently participating in t
10		he Custodial Interview Pilot Program established under the I
11		llinois Criminal Justice Information Act. (
12		Source: P.A. 92-854, eff. 12-5-02; 93-206, eff. 7-18-03; 9
13		3-517, eff. 8-6-03; 93-605, eff. 11-19-03; revised 12-9-03.) (
14		720 ILCS 5/17-1) (from Ch. 38, par. 17-1) S
15		ec. 17-1. Deceptive practices. (
16		A) Definitions. A
17		s used in this Section: (i) A "Financial institution" means any bank, savings a
19		nd loan association, credit union, or other depository of m
20		oney, or medium of savings and collective investment. (ii) An "account holder" is any person, having a c
22		hecking account or savings account in a financial i
23		nstitution. (iii) To act with the "intent to defraud" means to act w
25		ilfully, and with the specific intent to deceive or cheat, f
26		or the purpose of causing financial loss to another, or to b
27		ring some financial gain to oneself. It is not necessary t
28		o establish that any person was actually defrauded or d
29		eceived. (
30		B) General Deception. A
31		person commits a deceptive practice when, with intent to d
32		efraud, the person does any of the following: (a) He or she causes another, by deception or threat, t
34		o execute a document disposing of property or a document b

1		y which a pecuniary obligation is incurred. , or (b) Being an officer, manager or other person p
3		articipating in the direction of a financial institution, h
4		e or she knowingly receives or permits the receipt of a d
5		eposit or other investment, knowing that the institution i
6		s insolvent. , or (c) He or she knowingly makes or directs another to m
8		ake a false or deceptive statement addressed to the public f
9		or the purpose of promoting the sale of property or s
10		ervices. , or (d) With intent to obtain control over property or to p
12		ay for property, labor or services of another, or in s
13		atisfaction of an obligation for payment of tax under the R
14		etailers' Occupation Tax Act or any other tax due to the S
15		tate of Illinois, he or she issues or delivers a check or o
16		ther order upon a real or fictitious depository for the p
17		ayment of money, knowing that it will not be paid by the d
18		epository. Failure to have sufficient funds or credit with t
19		he depository when the check or other order is issued or d
20		elivered, or when such check or other order is presented f
21		or payment and dishonored on each of 2 occasions at least 7
22		days apart, is prima facie evidence that the offender k
23		nows that it will not be paid by the depository, and that h
24		e or she has the intent to defraud. In this paragraph (d), "
25		property" includes rental property (real or personal). (e) He or she issues or delivers a check or other order u
27		pon a real or fictitious depository in an amount exceeding $
28		150 in payment of an amount owed on any credit transaction f
29		or property, labor or services, or in payment of the e
30		ntire amount owed on any credit transaction for property, l
31		abor or services, knowing that it will not be paid by the d
32		epository, and thereafter fails to provide funds or credit w
33		ith the depository in the face amount of the check or o
34		rder within 7 seven days of receiving actual notice from t
35		he depository or payee of the dishonor of the check or o
36		rder. S

1		entence. A
2		person convicted of a deceptive practice under paragraph p
3		aragraphs (a), (b), (c), (d), or through (e) of this s
4		ubsection (B), except as otherwise provided by this Section, i
5		s guilty of a Class A misdemeanor. A
6		person convicted of a deceptive practice in violation of p
7		aragraph (d) a second or subsequent time shall be guilty of a C
8		lass 4 felony. A
9		person convicted of deceptive practices in violation of p
10		aragraph (d), when the value of the property so obtained, in a s
11		ingle transaction, or in separate transactions within a 90 day p
12		eriod, exceeds $150, shall be guilty of a Class 4 felony. In t
13		he case of a prosecution for separate transactions totaling m
14		ore than $150 within a 90 day period, such separate t
15		ransactions shall be alleged in a single charge and provided i
16		n a single prosecution. (
17		C) Deception on a Bank or Other Financial Institution. (1) False Statements. 1) Any person who, with the intent to defraud, makes or c
20		auses to be made, any false statement in writing in order to o
21		btain an account with a bank or other financial institution, o
22		r to obtain credit from a bank or other financial institution, k
23		nowing such writing to be false, and with the intent that it b
24		e relied upon, is guilty of a Class A misdemeanor. F
25		or purposes of this subsection (C), a false statement s
26		hall mean any false statement representing identity, address, o
27		r employment, or the identity, address or employment of any p
28		erson, firm or corporation. (2) Possession of Stolen or Fraudulently Obtained Checks. 2) Any person who possesses, with the intent to obtain a
31		ccess to funds of another person held in a real or fictitious d
32		eposit account at a financial institution, makes a false s
33		tatement or a misrepresentation to the financial institution, o
34		r possesses, transfers, negotiates, or presents for payment a c
35		heck, draft, or other item purported to direct the financial i

1		nstitution to withdraw or pay funds out of the account h
2		older's deposit account with knowledge that such possession, t
3		ransfer, negotiation, or presentment is not authorized by the a
4		ccount holder or the issuing financial institution is guilty o
5		f a Class A misdemeanor. A person shall be deemed to have been a
6		uthorized to possess, transfer, negotiate, or present for p
7		ayment such item if the person was otherwise entitled by law t
8		o withdraw or recover funds from the account in question and f
9		ollowed the requisite procedures under the law. In the event t
10		hat the account holder, upon discovery of the withdrawal or p
11		ayment, claims that the withdrawal or payment was not a
12		uthorized, the financial institution may require the account h
13		older to submit an affidavit to that effect on a form s
14		atisfactory to the financial institution before the financial i
15		nstitution may be required to credit the account in an amount e
16		qual to the amount or amounts that were withdrawn or paid w
17		ithout authorization. A
18		ny person who, within any 12 month period, violates this S
19		ection with respect to 3 or more checks or orders for the p
20		ayment of money at the same time or consecutively, each the p
21		roperty of a different account holder or financial i
22		nstitution, is guilty of a Class 4 felony. (3) Possession of Implements of Check Fraud. A
24		ny person who possesses, with the intent to defraud, and w
25		ithout the authority of the account holder or financial i
26		nstitution, any check imprinter, signature imprinter, or "
27		certified" stamp is guilty of a Class A misdemeanor. A
28		person who within any 12 month period violates this s
29		ubsection (C) as to possession of 3 or more such devices at t
30		he same time or consecutively, is guilty of a Class 4 felony. (4) Possession of Identification Card. 4) Any person, who, with the intent to defraud, possesses a
33		ny check guarantee card or key card or identification card for c
34		ash dispensing machines without the authority of the account h
35		older or financial institution, is guilty of a Class A m
36		isdemeanor. A

1		person who, within any 12 month period, violates this S
2		ection at the same time or consecutively with respect to 3 or m
3		ore cards, each the property of different account holders, is g
4		uilty of a Class 4 felony. A
5		person convicted under this Section, when the value of p
6		roperty so obtained, in a single transaction, or in separate t
7		ransactions within any 90 day period, exceeds $150 shall be g
8		uilty of a Class 4 felony. (
9		Source: P.A. 92-633, eff. 1-1-03; 92-646, eff. 1-1-03; revised 1
10		0-3-02.) (
11		720 ILCS 5/24-2) (from Ch. 38, par. 24-2) S
12		ec. 24-2. Exemptions. (
13		a) Subsections 24-1(a)(3), 24-1(a)(4) and 24-1(a)(10) and S
14		ection 24-1.6 do not apply to or affect any of the following: (1) Peace officers, and any person summoned by a peace o
16		fficer to assist in making arrests or preserving the p
17		eace, while actually engaged in assisting such officer. (2) Wardens, superintendents and keepers of prisons, p
19		enitentiaries, jails and other institutions for the d
20		etention of persons accused or convicted of an offense, w
21		hile in the performance of their official duty, or while c
22		ommuting between their homes and places of employment. (3) Members of the Armed Services or Reserve Forces of t
24		he United States or the Illinois National Guard or the R
25		eserve Officers Training Corps, while in the performance o
26		f their official duty. (4) Special agents employed by a railroad or a public u
28		tility to perform police functions, and guards of armored c
29		ar companies, while actually engaged in the performance of t
30		he duties of their employment or commuting between their h
31		omes and places of employment; and watchmen while actually e
32		ngaged in the performance of the duties of their e
33		mployment. (5) Persons licensed as private security contractors, p
35		rivate detectives, or private alarm contractors, or e

1		mployed by an agency certified by the Department of P
2		rofessional Regulation, if their duties include the c
3		arrying of a weapon under the provisions of the Private D
4		etective, Private Alarm, Private Security, and Locksmith A
5		ct of 2004, while actually engaged in the performance of t
6		he duties of their employment or commuting between their h
7		omes and places of employment, provided that such c
8		ommuting is accomplished within one hour from departure f
9		rom home or place of employment, as the case may be. P
10		ersons exempted under this subdivision (a)(5) shall be r
11		equired to have completed a course of study in firearms h
12		andling and training approved and supervised by the D
13		epartment of Professional Regulation as prescribed by S
14		ection 28 of the Private Detective, Private Alarm, Private S
15		ecurity, and Locksmith Act of 2004, prior to becoming e
16		ligible for this exemption. The Department of P
17		rofessional Regulation shall provide suitable d
18		ocumentation demonstrating the successful completion of t
19		he prescribed firearms training. Such documentation shall b
20		e carried at all times when such persons are in possession o
21		f a concealable weapon. (6) Any person regularly employed in a commercial or i
23		ndustrial operation as a security guard for the protection o
24		f persons employed and private property related to such c
25		ommercial or industrial operation, while actually engaged i
26		n the performance of his or her duty or traveling between s
27		ites or properties belonging to the employer, and who, as a
28		security guard, is a member of a security force of at l
29		east 5 persons registered with the Department of P
30		rofessional Regulation; provided that such security guard h
31		as successfully completed a course of study, approved by a
32		nd supervised by the Department of Professional R
33		egulation, consisting of not less than 40 hours of t
34		raining that includes the theory of law enforcement, l
35		iability for acts, and the handling of weapons. A person s
36		hall be considered eligible for this exemption if he or s

1		he has completed the required 20 hours of training for a s
2		ecurity officer and 20 hours of required firearm training, a
3		nd has been issued a firearm authorization card by the D
4		epartment of Professional Regulation. Conditions for the r
5		enewal of firearm authorization cards issued under the p
6		rovisions of this Section shall be the same as for those c
7		ards issued under the provisions of the Private Detective, P
8		rivate Alarm, Private Security, and Locksmith Act of 2004. S
9		uch firearm authorization card shall be carried by the s
10		ecurity guard at all times when he or she is in possession o
11		f a concealable weapon. (7) Agents and investigators of the Illinois L
13		egislative Investigating Commission authorized by the C
14		ommission to carry the weapons specified in subsections 2
15		4-1(a)(3) and 24-1(a)(4), while on duty in the course of a
16		ny investigation for the Commission. (8) Persons employed by a financial institution for the p
18		rotection of other employees and property related to such f
19		inancial institution, while actually engaged in the p
20		erformance of their duties, commuting between their homes a
21		nd places of employment, or traveling between sites or p
22		roperties owned or operated by such financial i
23		nstitution, provided that any person so employed has s
24		uccessfully completed a course of study, approved by and s
25		upervised by the Department of Professional Regulation, c
26		onsisting of not less than 40 hours of training which i
27		ncludes theory of law enforcement, liability for acts, and t
28		he handling of weapons. A person shall be considered to be e
29		ligible for this exemption if he or she has completed the r
30		equired 20 hours of training for a security officer and 20 h
31		ours of required firearm training, and has been issued a f
32		irearm authorization card by the Department of P
33		rofessional Regulation. Conditions for renewal of firearm a
34		uthorization cards issued under the provisions of this S
35		ection shall be the same as for those issued under the p
36		rovisions of the Private Detective, Private Alarm, P

1		rivate Security, and Locksmith Act of 2004. Such firearm a
2		uthorization card shall be carried by the person so t
3		rained at all times when such person is in possession of a c
4		oncealable weapon. For purposes of this subsection, "
5		financial institution" means a bank, savings and loan a
6		ssociation, credit union or company providing armored car s
7		ervices. (9) Any person employed by an armored car company to d
9		rive an armored car, while actually engaged in the p
10		erformance of his duties. (10) Persons who have been classified as peace officers p
12		ursuant to the Peace Officer Fire Investigation Act. (11) Investigators of the Office of the State's A
14		ttorneys Appellate Prosecutor authorized by the board of g
15		overnors of the Office of the State's Attorneys Appellate P
16		rosecutor to carry weapons pursuant to Section 7.06 of the S
17		tate's Attorneys Appellate Prosecutor's Act. (12) Special investigators appointed by a State's A
19		ttorney under Section 3-9005 of the Counties Code. (12.5) Probation officers while in the performance of t
21		heir duties, or while commuting between their homes, p
22		laces of employment or specific locations that are part of t
23		heir assigned duties, with the consent of the chief judge o
24		f the circuit for which they are employed. (13) Court Security Officers while in the performance o
26		f their official duties, or while commuting between their h
27		omes and places of employment, with the consent of the S
28		heriff. (13.5) A person employed as an armed security guard at a
30		nuclear energy, storage, weapons or development site or f
31		acility regulated by the Nuclear Regulatory Commission w
32		ho has completed the background screening and training m
33		andated by the rules and regulations of the Nuclear R
34		egulatory Commission. (14) Manufacture, transportation, or sale of weapons t
36		o persons authorized under subdivisions (1) through (

1		13.5) of this subsection to possess those weapons. (
2		b) Subsections 24-1(a)(4) and 24-1(a)(10) and Section 2
3		4-1.6 do not apply to or affect any of the following: (1) Members of any club or organization organized for t
5		he purpose of practicing shooting at targets upon e
6		stablished target ranges, whether public or private, and p
7		atrons of such ranges, while such members or patrons are u
8		sing their firearms on those target ranges. (2) Duly authorized military or civil organizations w
10		hile parading, with the special permission of the G
11		overnor. (3) Hunters, trappers or fishermen with a license or p
13		ermit while engaged in hunting, trapping or fishing. (4) Transportation of weapons that are broken down in a n
15		on-functioning state or are not immediately accessible. (
16		c) Subsection 24-1(a)(7) does not apply to or affect any o
17		f the following: (1) Peace officers while in performance of their o
19		fficial duties. (2) Wardens, superintendents and keepers of prisons, p
21		enitentiaries, jails and other institutions for the d
22		etention of persons accused or convicted of an offense. (3) Members of the Armed Services or Reserve Forces of t
24		he United States or the Illinois National Guard, while in t
25		he performance of their official duty. (4) Manufacture, transportation, or sale of machine g
27		uns to persons authorized under subdivisions (1) through (
28		3) of this subsection to possess machine guns, if the m
29		achine guns are broken down in a non-functioning state or a
30		re not immediately accessible. (5) Persons licensed under federal law to manufacture a
32		ny weapon from which 8 or more shots or bullets can be d
33		ischarged by a single function of the firing device, or a
34		mmunition for such weapons, and actually engaged in the b
35		usiness of manufacturing such weapons or ammunition, but o
36		nly with respect to activities which are within the lawful s

1		cope of such business, such as the manufacture, t
2		ransportation, or testing of such weapons or ammunition. T
3		his exemption does not authorize the general private p
4		ossession of any weapon from which 8 or more shots or b
5		ullets can be discharged by a single function of the f
6		iring device, but only such possession and activities as a
7		re within the lawful scope of a licensed manufacturing b
8		usiness described in this paragraph. During transportation, such weapons shall be broken d
10		own in a non-functioning state or not immediately a
11		ccessible. (6) The manufacture, transport, testing, delivery, t
13		ransfer or sale, and all lawful commercial or experimental a
14		ctivities necessary thereto, of rifles, shotguns, and w
15		eapons made from rifles or shotguns, or ammunition for s
16		uch rifles, shotguns or weapons, where engaged in by a p
17		erson operating as a contractor or subcontractor pursuant t
18		o a contract or subcontract for the development and supply o
19		f such rifles, shotguns, weapons or ammunition to the U
20		nited States government or any branch of the Armed Forces o
21		f the United States, when such activities are necessary a
22		nd incident to fulfilling the terms of such contract. The exemption granted under this subdivision (c)(6) s
24		hall also apply to any authorized agent of any such c
25		ontractor or subcontractor who is operating within the s
26		cope of his employment, where such activities involving s
27		uch weapon, weapons or ammunition are necessary and i
28		ncident to fulfilling the terms of such contract. During transportation, any such weapon shall be broken d
30		own in a non-functioning state, or not immediately a
31		ccessible. (
32		d) Subsection 24-1(a)(1) does not apply to the purchase, p
33		ossession or carrying of a black-jack or slung-shot by a peace o
34		fficer. (
35		e) Subsection 24-1(a)(8) does not apply to any owner, m
36		anager or authorized employee of any place specified in that s

1		ubsection nor to any law enforcement officer. (
2		f) Subsection 24-1(a)(4) and subsection 24-1(a)(10) and S
3		ection 24-1.6 do not apply to members of any club or o
4		rganization organized for the purpose of practicing shooting a
5		t targets upon established target ranges, whether public or p
6		rivate, while using their firearms on those target ranges. (
7		g) Subsections 24-1(a)(11) and 24-3.1(a)(6) do not apply t
8		o: (1) Members of the Armed Services or Reserve Forces of t
10		he United States or the Illinois National Guard, while in t
11		he performance of their official duty. (2) Bonafide collectors of antique or surplus military o
13		rdinance. (3) Laboratories having a department of forensic b
15		allistics, or specializing in the development of a
16		mmunition or explosive ordinance. (4) Commerce, preparation, assembly or possession of e
18		xplosive bullets by manufacturers of ammunition licensed b
19		y the federal government, in connection with the supply of t
20		hose organizations and persons exempted by subdivision (
21		g)(1) of this Section, or like organizations and persons o
22		utside this State, or the transportation of explosive b
23		ullets to any organization or person exempted in this S
24		ection by a common carrier or by a vehicle owned or leased b
25		y an exempted manufacturer. (
26		g-5) Subsection 24-1(a)(6) does not apply to or affect p
27		ersons licensed under federal law to manufacture any device or a
28		ttachment of any kind designed, used, or intended for use in s
29		ilencing the report of any firearm, firearms, or ammunition f
30		or those firearms equipped with those devices, and actually e
31		ngaged in the business of manufacturing those devices, f
32		irearms, or ammunition, but only with respect to activities t
33		hat are within the lawful scope of that business, such as the m
34		anufacture, transportation, or testing of those devices, f
35		irearms, or ammunition. This exemption does not authorize the g
36		eneral private possession of any device or attachment of any k

1		ind designed, used, or intended for use in silencing the r
2		eport of any firearm, but only such possession and activities a
3		s are within the lawful scope of a licensed manufacturing b
4		usiness described in this subsection (g-5). During t
5		ransportation, those devices shall be detached from any weapon o
6		r not immediately accessible. (
7		h) An information or indictment based upon a violation of a
8		ny subsection of this Article need not negative any exemptions c
9		ontained in this Article. The defendant shall have the burden o
10		f proving such an exemption. (
11		i) Nothing in this Article shall prohibit, apply to, or a
12		ffect the transportation, carrying, or possession, of any p
13		istol or revolver, stun gun, taser, or other firearm consigned t
14		o a common carrier operating under license of the State of I
15		llinois or the federal government, where such transportation, c
16		arrying, or possession is incident to the lawful t
17		ransportation in which such common carrier is engaged; and n
18		othing in this Article shall prohibit, apply to, or affect the t
19		ransportation, carrying, or possession of any pistol, r
20		evolver, stun gun, taser, or other firearm, not the subject of a
21		nd regulated by subsection 24-1(a)(7) or subsection 24-2(c) of t
22		his Article, which is unloaded and enclosed in a case, firearm c
23		arrying box, shipping box, or other container, by the p
24		ossessor of a valid Firearm Owners Identification Card. (
25		Source: P.A. 92-325, eff. 8-9-01; 93-438, eff. 8-5-03; 93-439, e
26		ff. 8-5-03; 93-576, eff. 1-1-04; revised 9-15-03.)

27		ection 475. The Code of Criminal Procedure of 1963 is a
28		mended by changing Sections 108B-5, 108B-11, 112A-28, and 1
29		22-1 as follows: (
30		725 ILCS 5/108B-5) (from Ch. 38, par. 108B-5) S
31		ec. 108B-5. Requirements for order of interception. (a) Upon consideration of an application, the chief judge m
33		ay enter an ex parte order, as requested or as modified, a
34		uthorizing the interception of a private communication, if the c

1		hief judge determines on the basis of the application s
2		ubmitted by the applicant, that: (1) There is probable cause for belief that (A) (a) the p
4		erson whose private communication is to be intercepted is c
5		ommitting, has committed, or is about to commit an offense e
6		numerated in Section 108B-3, or (B) (b) the facilities f
7		rom which, or the place where, the private communication i
8		s to be intercepted, is, has been, or is about to be used i
9		n connection with the commission of the offense, or is l
10		eased to, listed in the name of, or commonly used by, the p
11		erson; and (2) There is probable cause for belief that a p
13		articular private communication concerning such offense m
14		ay be obtained through the interception; and (3) Normal investigative procedures with respect to t
16		he offense have been tried and have failed or reasonably a
17		ppear to be unlikely to succeed if tried or too dangerous t
18		o employ; and (4) The electronic criminal surveillance officers to b
20		e authorized to supervise the interception of the private c
21		ommunication have been certified by the Department. (
22		b) In the case of an application, other than for an e
23		xtension, for an order to intercept a communication of a p
24		erson or on a wire communication facility that was the subject o
25		f a previous order authorizing interception, the application s
26		hall be based upon new evidence or information different from a
27		nd in addition to the evidence or information offered to s
28		upport the prior order, regardless of whether the evidence was d
29		erived from prior interceptions or from other sources. (
30		c) The chief judge may authorize interception of a private c
31		ommunication anywhere in the judicial circuit. If the court a
32		uthorizes the use of an eavesdropping device with respect to a v
33		ehicle, watercraft, or aircraft that is within the judicial c
34		ircuit at the time the order is issued, the order may provide t
35		hat the interception may continue anywhere within the State if t
36		he vehicle, watercraft, or aircraft leaves the judicial c

1		ircuit. (
2		Source: P.A. 92-854, eff. 12-5-02; revised 1-20-03.) (
3		725 ILCS 5/108B-11) (from Ch. 38, par. 108B-11) S
4		ec. 108B-11. Inventory. (
5		a) Within a reasonable period of time but not later than 9
6		0 days after the termination of the period of the order, or i
7		ts extensions, or the date of the denial of an application m
8		ade under Section 108B-8, the chief judge issuing or denying t
9		he order or extension shall cause an inventory to be served on a
10		ny person: (1) named in the order; (2) arrested as a result of the interception of his p
13		rivate communication; (3) indicted or otherwise charged as a result of the i
15		nterception of his private communication; (4) Any person whose private communication was i
17		ntercepted and who the judge issuing or denying the order o
18		r application may in his discretion determine should be i
19		nformed in the interest of justice. (
20		b) The inventory under this Section shall include: (1) notice of the entry of the order or the application f
22		or an order denied under Section 108B-8; (2) the date of the entry of the order or the denial of a
24		n order applied for under Section 108B-8; (3) the period of authorized or disapproved i
26		nterception; and (4) the fact that during the period a private c
28		ommunication was or was not intercepted. (
29		c) A court of competent jurisdiction, upon filing of a m
30		otion, may in its discretion make available to those persons o
31		r their attorneys for inspection those portions of the i
32		ntercepted communications, applications and orders as the c
33		ourt determines to be in the interest of justice. (
34		d) On an ex parte showing of good cause to a court of c

1		ompetent jurisdiction, the serving of the inventories r
2		equired by this Section may be postponed for a period not to e
3		xceed 12 months. (
4		Source: P.A. 92-854, eff. 12-5-02; revised 1-20-03.) (
5		725 ILCS 5/112A-28) (from Ch. 38, par. 112A-28) S
6		ec. 112A-28. Data maintenance by law enforcement a
7		gencies. (
8		a) All sheriffs shall furnish to the Department of State P
9		olice, daily, in the form and detail the Department requires, c
10		opies of any recorded orders of protection issued by the c
11		ourt, and any foreign orders of protection filed by the clerk o
12		f the court, and transmitted to the sheriff by the clerk of t
13		he court pursuant to subsection (b) of Section 112A-22 of this A
14		ct. Each order of protection shall be entered in the Law E
15		nforcement Agencies Automated Data System on the same day it i
16		s issued by the court. If an emergency order of protection was i
17		ssued in accordance with subsection (c) of Section 112A-17, t
18		he order shall be entered in the Law Enforcement Agencies A
19		utomated Data System as soon as possible after receipt from t
20		he clerk. (
21		b) The Department of State Police shall maintain a c
22		omplete and systematic record and index of all valid and r
23		ecorded orders of protection issued or filed pursuant to this A
24		ct. The data shall be used to inform all dispatchers and law e
25		nforcement officers at the scene of an alleged incident of a
26		buse or violation of an order of protection of any recorded p
27		rior incident of abuse involving the abused party and the e
28		ffective dates and terms of any recorded order of protection. (
29		c) The data, records and transmittals required under this S
30		ection shall pertain to any valid emergency, interim or p
31		lenary order of protection, whether issued in a civil or c
32		riminal proceeding or authorized under the laws of another s
33		tate, tribe, or United States territory. (
34		Source: P.A. 90-392, eff. 1-1-98; 91-903, eff. 1-1-01; revised 2
35		-17-03.) (

1		725 ILCS 5/122-1) (from Ch. 38, par. 122-1) S
2		ec. 122-1. Petition in the trial court. (
3		a) Any person imprisoned in the penitentiary may institute a
4		proceeding under this Article if the person asserts that: (1) in the proceedings which resulted in his or her c
6		onviction there was a substantial denial of his or her r
7		ights under the Constitution of the United States or of t
8		he State of Illinois or both; or (2) the death penalty was imposed and there is newly d
10		iscovered evidence not available to the person at the time o
11		f the proceeding that resulted in his or her conviction t
12		hat establishes a substantial basis to believe that the d
13		efendant is actually innocent by clear and convincing e
14		vidence. (
15		a-5) A proceeding under paragraph (2) of subsection (a) m
16		ay be commenced within a reasonable period of time after the p
17		erson's conviction notwithstanding any other provisions of t
18		his Article. In such a proceeding regarding actual innocence, i
19		f the court determines the petition is frivolous or is p
20		atently without merit, it shall dismiss the petition in a w
21		ritten order, specifying the findings of fact and conclusions o
22		f law it made in reaching its decision. Such order of d
23		ismissal is a final judgment and shall be served upon the p
24		etitioner by certified mail within 10 days of its entry. (
25		b) The proceeding shall be commenced by filing with the c
26		lerk of the court in which the conviction took place a p
27		etition (together with a copy thereof) verified by affidavit. P
28		etitioner shall also serve another copy upon the State's A
29		ttorney by any of the methods provided in Rule 7 of the S
30		upreme Court. The clerk shall docket the petition for c
31		onsideration by the court pursuant to Section 122-2.1 upon his o
32		r her receipt thereof and bring the same promptly to the a
33		ttention of the court. (
34		c) Except as otherwise provided in subsection (a-5), if t
35		he petitioner is under sentence of death, no proceedings under t

1		his Article shall be commenced more than 6 months after the d
2		enial of a petition for certiorari to the United States S
3		upreme Court on direct appeal, or more than 6 months from the d
4		ate for filing such a petition if none is filed, unless the p
5		etitioner alleges facts showing that the delay was not due to h
6		is or her culpable negligence. W
7		hen a defendant has a sentence other than death, no p
8		roceedings under this Article shall be commenced more than 6 m
9		onths after the denial of the Petition for Leave to Appeal to t
10		he Illinois Supreme Court, or more than 6 months from the date f
11		or filing such a petition if none is filed, unless the p
12		etitioner alleges facts showing that the delay was not due to h
13		is or her culpable negligence. T
14		his limitation does not apply to a petition advancing a c
15		laim of actual innocence. (
16		d) A person seeking relief by filing a petition under this S
17		ection must specify in the petition or its heading that it is f
18		iled under this Section. A trial court that has received a p
19		etition complaining of a conviction or sentence that fails to s
20		pecify in the petition or its heading that it is filed under t
21		his Section need not evaluate the petition to determine w
22		hether it could otherwise have stated some grounds for relief u
23		nder this Article. (
24		e) A proceeding under this Article may not be commenced on b
25		ehalf of a defendant who has been sentenced to death without t
26		he written consent of the defendant, unless the defendant, b
27		ecause of a mental or physical condition, is incapable of a
28		sserting his or her own claim. (
29		f) Only one petition may be filed by a petitioner under t
30		his Article without leave of the court. Leave of court may be g
31		ranted only if a petitioner demonstrates cause for his or her f
32		ailure to bring the claim in his or her initial p
33		ost-conviction proceedings and prejudice results from that f
34		ailure. For purposes of this subsection (f): (1) a prisoner s
35		hows cause by identifying an objective factor that impeded his o
36		r her ability to raise a specific claim during his or her i

1		nitial post-conviction proceedings; and (2) a prisoner shows p
2		rejudice by demonstrating that the claim not raised during his o
3		r her initial post-conviction proceedings so infected the t
4		rial that the resulting conviction or sentence violated due p
5		rocess. (
6		Source: P.A. 93-493, eff. 1-1-04; 93-605, eff. 11-19-03; r
7		evised 12-9-03.)

8		ection 480. The Capital Crimes Litigation Act is amended b
9		y changing Sections 15 and 19 as follows: (
10		725 ILCS 124/15) S
11		ec. 15. Capital Litigation Trust Fund. (
12		a) The Capital Litigation Trust Fund is created as a s
13		pecial fund in the State Treasury. The Trust Fund shall be a
14		dministered by the State Treasurer to provide moneys for the a
15		ppropriations to be made, grants to be awarded, and c
16		ompensation and expenses to be paid under this Act. All i
17		nterest earned from the investment or deposit of moneys a
18		ccumulated in the Trust Fund shall, under Section 4.1 of the S
19		tate Finance Act, be deposited into the Trust Fund. (
20		b) Moneys deposited into the Trust Fund shall not be c
21		onsidered general revenue of the State of Illinois. (
22		c) Moneys deposited into the Trust Fund shall be used e
23		xclusively for the purposes of providing funding for the p
24		rosecution and defense of capital cases as provided in this A
25		ct and shall not be appropriated, loaned, or in any manner t
26		ransferred to the General Revenue Fund of the State of I
27		llinois. (
28		d) Every fiscal year the State Treasurer shall transfer f
29		rom the General Revenue Fund to the Capital Litigation Trust F
30		und an amount equal to the full amount of moneys appropriated b
31		y the General Assembly (both by original and supplemental a
32		ppropriation), less any unexpended balance from the previous f
33		iscal year, from the Capital Litigation Trust Fund for the s
34		pecific purpose of making funding available for the p

1		rosecution and defense of capital cases. The Public Defender a
2		nd State's Attorney in Cook County, the State Appellate D
3		efender, the State's Attorneys Appellate Prosecutor, and the A
4		ttorney General shall make annual requests for appropriations f
5		rom the Trust Fund. (1) The Public Defender in Cook County shall request a
7		ppropriations to the State Treasurer for expenses i
8		ncurred by the Public Defender and for funding for private a
9		ppointed defense counsel in Cook County. (2) The State's Attorney in Cook County shall request a
11		n appropriation to the State Treasurer for expenses i
12		ncurred by the State's Attorney. (3) The State Appellate Defender shall request a direct a
14		ppropriation from the Trust Fund for expenses incurred by t
15		he State Appellate Defender in providing assistance to t
16		rial attorneys under item (c)(5) of Section 10 of the S
17		tate Appellate Defender Act and an appropriation to the S
18		tate Treasurer for payments from the Trust Fund for the d
19		efense of cases in counties other than Cook County. (4) The State's Attorneys Appellate Prosecutor shall r
21		equest a direct appropriation from the Trust Fund to pay e
22		xpenses incurred by the State's Attorneys Appellate P
23		rosecutor and an appropriation to the State Treasurer for p
24		ayments from the Trust Fund for expenses incurred by S
25		tate's Attorneys in counties other than Cook County. (5) The Attorney General shall request a direct a
27		ppropriation from the Trust Fund to pay expenses incurred b
28		y the Attorney General in assisting the State's Attorneys i
29		n counties other than Cook County and to pay for expenses i
30		ncurred by the Attorney General when the Attorney General i
31		s ordered by the presiding judge of the Criminal Division o
32		f the Circuit Court of Cook County to prosecute or s
33		upervise the prosecution of Cook County cases. T
34		he Public Defender and State's Attorney in Cook County, t
35		he State Appellate Defender, the State's Attorneys Appellate P
36		rosecutor, and the Attorney General may each request s

1		upplemental appropriations from the Trust Fund during the f
2		iscal year. (
3		e) Moneys in the Trust Fund shall be expended only as f
4		ollows: (1) To pay the State Treasurer's costs to administer t
6		he Trust Fund. The amount for this purpose may not exceed 5
7		% in any one fiscal year of the amount otherwise a
8		ppropriated from the Trust Fund in the same fiscal year. (2) To pay the capital litigation expenses of trial d
10		efense including, but not limited to, DNA testing, i
11		ncluding DNA testing under Section 116-3 of the Code of C
12		riminal Procedure of 1963, analysis, and expert t
13		estimony, investigatory and other assistance, expert, f
14		orensic, and other witnesses, and mitigation specialists, a
15		nd grants and aid provided to public defenders or a
16		ssistance to attorneys who have been appointed by the c
17		ourt to represent defendants who are charged with capital c
18		rimes. (3) To pay the compensation of trial attorneys, other t
20		han public defenders, who have been appointed by the court t
21		o represent defendants who are charged with capital c
22		rimes. (4) To provide State's Attorneys with funding for c
24		apital litigation expenses including, but not limited to, i
25		nvestigatory and other assistance and expert, forensic, a
26		nd other witnesses necessary to prosecute capital cases. S
27		tate's Attorneys in any county other than Cook County s
28		eeking funding for capital litigation expenses including, b
29		ut not limited to, investigatory and other assistance and e
30		xpert, forensic, or other witnesses under this Section may r
31		equest that the State's Attorneys Appellate Prosecutor or t
32		he Attorney General, as the case may be, certify the e
33		xpenses as reasonable, necessary, and appropriate for p
34		ayment from the Trust Fund, on a form created by the State T
35		reasurer. Upon certification of the expenses and delivery o
36		f the certification to the State Treasurer, the Treasurer s

1		hall pay the expenses directly from the Capital Litigation T
2		rust Fund if there are sufficient moneys in the Trust Fund t
3		o pay the expenses. (5) To provide financial support through the Attorney G
5		eneral pursuant to the Attorney General Act for the s
6		everal county State's Attorneys outside of Cook County, b
7		ut shall not be used to increase personnel for the A
8		ttorney General's Office, except when the Attorney G
9		eneral is ordered by the presiding judge of the Criminal D
10		ivision of the Circuit Court of Cook County to prosecute o
11		r supervise the prosecution of Cook County cases. (6) To provide financial support through the State's A
13		ttorneys Appellate Prosecutor pursuant to the State's A
14		ttorneys Appellate Prosecutor's Act for the several c
15		ounty State's Attorneys outside of Cook County, but shall n
16		ot be used to increase personnel for the State's Attorneys A
17		ppellate Prosecutor. (7) To provide financial support to the State Appellate D
19		efender pursuant to the State Appellate Defender Act. M
20		oneys expended from the Trust Fund shall be in addition to c
21		ounty funding for Public Defenders and State's Attorneys, and s
22		hall not be used to supplant or reduce ordinary and customary c
23		ounty funding. (
24		f) Moneys in the Trust Fund shall be appropriated to the S
25		tate Appellate Defender, the State's Attorneys Appellate P
26		rosecutor, the Attorney General, and the State Treasurer. The S
27		tate Appellate Defender shall receive an appropriation from t
28		he Trust Fund to enable it to provide assistance to appointed d
29		efense counsel throughout the State and to Public Defenders in c
30		ounties other than Cook. The State's Attorneys Appellate P
31		rosecutor and the Attorney General shall receive a
32		ppropriations from the Trust Fund to enable them to provide a
33		ssistance to State's Attorneys in counties other than Cook C
34		ounty and when the Attorney General is ordered by the p
35		residing judge of the Criminal Division of the Circuit Court o
36		f Cook County to prosecute or supervise the prosecution of C

1		ook County cases. Moneys shall be appropriated to the State T
2		reasurer to enable the Treasurer (i) to make grants to Cook C
3		ounty, (ii) to pay the expenses of Public Defenders and S
4		tate's Attorneys in counties other than Cook County, (iii) to p
5		ay the expenses and compensation of appointed defense counsel i
6		n counties other than Cook County, and (iv) to pay the costs o
7		f administering the Trust Fund. All expenditures and grants m
8		ade from the Trust Fund shall be subject to audit by the A
9		uditor General. (
10		g) For Cook County, grants from the Trust Fund shall be m
11		ade and administered as follows: (1) For each State fiscal year, the State's Attorney a
13		nd Public Defender must each make a separate application t
14		o the State Treasurer for capital litigation grants. (2) The State Treasurer shall establish rules and p
16		rocedures for grant applications. The rules shall require t
17		he Cook County Treasurer as the grant recipient to report o
18		n a periodic basis to the State Treasurer how much of the g
19		rant has been expended, how much of the grant is r
20		emaining, and the purposes for which the grant has been u
21		sed. The rules may also require the Cook County Treasurer t
22		o certify on a periodic basis that expenditures of the f
23		unds have been made for expenses that are reasonable, n
24		ecessary, and appropriate for payment from the Trust Fund. (3) The State Treasurer shall make the grants to the C
26		ook County Treasurer as soon as possible after the b
27		eginning of the State fiscal year. (4) The State's Attorney or Public Defender may apply f
29		or supplemental grants during the fiscal year. (5) Grant moneys shall be paid to the Cook County T
31		reasurer in block grants and held in separate accounts for t
32		he State's Attorney, the Public Defender, and court a
33		ppointed defense counsel other than the Cook County Public D
34		efender, respectively, for the designated fiscal year, a
35		nd are not subject to county appropriation. (6) Expenditure of grant moneys under this subsection (

1		g) is subject to audit by the Auditor General. (7) The Cook County Treasurer shall immediately make p
3		ayment from the appropriate separate account in the county t
4		reasury for capital litigation expenses to the State's A
5		ttorney, Public Defender, or court appointed defense c
6		ounsel other than the Public Defender, as the case may be, u
7		pon order of the State's Attorney, Public Defender or the c
8		ourt, respectively. (
9		h) If a defendant in a capital case in Cook County is r
10		epresented by court appointed counsel other than the Cook C
11		ounty Public Defender, the appointed counsel shall petition t
12		he court for an order directing the Cook County Treasurer to p
13		ay the court appointed counsel's reasonable and necessary c
14		ompensation and capital litigation expenses from grant moneys p
15		rovided from the Trust Fund. These petitions shall be c
16		onsidered in camera. Orders denying petitions for c
17		ompensation or expenses are final. Counsel may not petition f
18		or expenses that may have been provided or compensated by the S
19		tate Appellate Defender under item (c)(5) of Section 10 of the S
20		tate Appellate Defender Act. (
21		i) In counties other than Cook County, and when the A
22		ttorney General is ordered by the presiding judge of the C
23		riminal Division of the Circuit Court of Cook County to p
24		rosecute or supervise the prosecution of Cook County cases, a
25		nd excluding capital litigation expenses or services that may h
26		ave been provided by the State Appellate Defender under item (
27		c)(5) of Section 10 of the State Appellate Defender Act: (1) Upon certification by the circuit court, on a form c
29		reated by the State Treasurer, that all or a portion of t
30		he expenses are reasonable, necessary, and appropriate f
31		or payment from the Trust Fund and the court's delivery of t
32		he certification to the Treasurer, the Treasurer shall pay t
33		he certified expenses of Public Defenders from the money a
34		ppropriated to the Treasurer for capital litigation e
35		xpenses of Public Defenders in any county other than Cook C
36		ounty, if there are sufficient moneys in the Trust Fund to p

1		ay the expenses. (2) If a defendant in a capital case is represented by c
3		ourt appointed counsel other than the Public Defender, the a
4		ppointed counsel shall petition the court to certify c
5		ompensation and capital litigation expenses including, b
6		ut not limited to, investigatory and other assistance, e
7		xpert, forensic, and other witnesses, and mitigation s
8		pecialists as reasonable, necessary, and appropriate for p
9		ayment from the Trust Fund. Upon certification on a form c
10		reated by the State Treasurer of all or a portion of the c
11		ompensation and expenses certified as reasonable, n
12		ecessary, and appropriate for payment from the Trust Fund a
13		nd the court's delivery of the certification to the T
14		reasurer, the State Treasurer shall pay the certified c
15		ompensation and expenses from the money appropriated to t
16		he Treasurer for that purpose, if there are sufficient m
17		oneys in the Trust Fund to make those payments. (3) A petition for capital litigation expenses under t
19		his subsection shall be considered in camera. Orders d
20		enying petitions for compensation or expenses are final. (
21		j) If the Trust Fund is discontinued or dissolved by an A
22		ct of the General Assembly or by operation of law, any balance r
23		emaining in the Trust Fund shall be returned to the General R
24		evenue Fund after deduction of administrative costs, any other p
25		rovision of this Act to the contrary notwithstanding. (
26		Source: P.A. 93-127, eff. 1-1-04; 93-605, eff. 11-19-03; r
27		evised 12-9-03.) (
28		725 ILCS 124/19) S
29		ec. 19. Report; repeal. (
30		a) The Cook County Public Defender, the Cook County S
31		tate's Attorney, the State Appellate Defender, the State's A
32		ttorneys Appellate Prosecutor, and the Attorney General shall e
33		ach report separately to the General Assembly by January 1, 2
34		004 detailing the amounts of money received by them through t
35		his Act, the uses for which those funds were expended, the b

1		alances then in the Capital Litigation Trust Fund or county a
2		ccounts, as the case may be, dedicated to them for the use and s
3		upport of Public Defenders, appointed trial defense counsel, a
4		nd State's Attorneys, as the case may be. The report shall d
5		escribe and discuss the need for continued funding through the F
6		und and contain any suggestions for changes to this Act. (
7		b) (Blank). (
8		Source: P.A. 93-605, eff. 11-19-03; revised 12-9-03.)

9		ection 485. The Sexually Dangerous Persons Act is amended b
10		y changing Section 9 as follows: (
11		725 ILCS 205/9) (from Ch. 38, par. 105-9) S
12		ec. 9. An application in writing setting forth facts s
13		howing that such sexually dangerous person or criminal sexual p
14		sychopathic person has recovered may be filed before the c
15		ommitting court. Upon receipt thereof, the clerk of the court s
16		hall cause a copy of the application to be sent to the D
17		irector of the Department of Corrections. The Director shall t
18		hen cause to be prepared and sent to the court a s
19		ocio-psychiatric report concerning the applicant. The report s
20		hall be prepared by a social worker and psychologist under the s
21		upervision of a licensed psychiatrist assigned to, the i
22		nstitution wherein such applicant is confined. The court shall s
23		et a date for the hearing upon such application and shall c
24		onsider the report so prepared under the direction of the D
25		irector of the Department of Corrections and any other r
26		elevant information submitted by or on behalf of such a
27		pplicant. If the person is found to be no longer dangerous, t
28		he court shall order that he be discharged. If the court finds t
29		hat the person appears no longer to be dangerous but that it i
30		s impossible to determine with certainty under conditions of i
31		nstitutional care that such person has fully recovered, the c
32		ourt shall enter an order permitting such person to go at l
33		arge subject to such conditions and such supervision by the D
34		irector as in the opinion of the court will adequately protect t

1		he public. In the event the person violates any of the c
2		onditions of such order, the court shall revoke such c
3		onditional release and recommit the person pursuant to Section 5
4		-6-4 of the Unified Code of Corrections under the terms of the o
5		riginal commitment. Upon an order of discharge every o
6		utstanding information and indictment, the basis of which was t
7		he reason for the present detention, shall be quashed. (
8		Source: P.A. 92-786, eff. 8-6-02; revised 10-9-03.)

9		ection 490. The Sexually Violent Persons Commitment Act is a
10		mended by changing Section 25 as follows: (
11		725 ILCS 207/25) S
12		ec. 25. Rights of persons subject to petition. (
13		a) Any person who is the subject of a petition filed under S
14		ection 15 of this Act shall be served with a copy of the p
15		etition in accordance with the Civil Practice Law. (
16		b) The circuit court in which a petition under Section 15 o
17		f this Act is filed shall conduct all hearings under this Act. T
18		he court shall give the person who is the subject of the p
19		etition reasonable notice of the time and place of each such h
20		earing. The court may designate additional persons to receive t
21		hese notices. (
22		c) Except as provided in paragraph (b)(1) of Section 65 a
23		nd Section 70 of this Act, at any hearing conducted under this A
24		ct, the person who is the subject of the petition has the r
25		ight to: (1) To be present and to be represented by counsel. If t
27		he person is indigent, the court shall appoint counsel. (2) To remain silent. (3) To present and cross-examine witnesses. (4) To have the hearing recorded by a court reporter. (
31		d) The person who is the subject of the petition, the p
32		erson's attorney, the Attorney General or the State's Attorney m
33		ay request that a trial under Section 35 of this Act be to a j
34		ury. A verdict of a jury under this Act is not valid unless it i

1		s unanimous. (
2		e) Whenever the person who is the subject of the petition i
3		s required to submit to an examination under this Act, he or s
4		he may retain experts or professional persons to perform an e
5		xamination. The respondent's chosen evaluator must be a
6		pproved by the Sex Offender Management Board and the e
7		valuation must be conducted in conformance with the standards d
8		eveloped under the Sex Offender Management Board Act. If the p
9		erson retains a qualified expert or professional person of his o
10		r her own choice to conduct an examination, the examiner shall h
11		ave reasonable access to the person for the purpose of the e
12		xamination, as well as to the person's past and present t
13		reatment records and patient health care records. If the p
14		erson is indigent, the court shall, upon the person's request, a
15		ppoint a qualified and available expert or professional person t
16		o perform an examination. Upon the order of the circuit court, t
17		he county shall pay, as part of the costs of the action, the c
18		osts of a court-appointed expert or professional person to p
19		erform an examination and participate in the trial on behalf o
20		f an indigent person. (
21		Source: P.A. 93-616, eff. 1-1-04; revised 1-10-04.)

22		ection 495. The Unified Code of Corrections is amended by c
23		hanging Sections 5-2-4, 5-4-3, 5-5-3, and 5-8-1.3 and setting f
24		orth and renumbering multiple versions of Section 5-9-1.12 as f
25		ollows: (
26		730 ILCS 5/5-2-4) (from Ch. 38, par. 1005-2-4) S
27		ec. 5-2-4. Proceedings after Acquittal by Reason of I
28		nsanity. (
29		a) After a finding or verdict of not guilty by reason of i
30		nsanity under Sections 104-25, 115-3 or 115-4 of The Code of C
31		riminal Procedure of 1963, the defendant shall be ordered to t
32		he Department of Human Services for an evaluation as to w
33		hether he is in need of mental health services. The order s
34		hall specify whether the evaluation shall be conducted on an i

1		npatient or outpatient basis. If the evaluation is to be c
2		onducted on an inpatient basis, the defendant shall be placed i
3		n a secure setting unless the Court determines that there are c
4		ompelling reasons why such placement is not necessary. After t
5		he evaluation and during the period of time required to d
6		etermine the appropriate placement, the defendant shall r
7		emain in jail. Upon completion of the placement process the s
8		heriff shall be notified and shall transport the defendant to t
9		he designated facility. T
10		he Department shall provide the Court with a report of its e
11		valuation within 30 days of the date of this order. The Court s
12		hall hold a hearing as provided under the Mental Health and D
13		evelopmental Disabilities Code to determine if the individual i
14		s: (a) in need of mental health services on an inpatient b
15		asis; (b) in need of mental health services on an outpatient b
16		asis; (c) a person not in need of mental health services. The C
17		ourt shall enter its findings. I
18		f the defendant is found to be in need of mental health s
19		ervices on an inpatient care basis, the Court shall order the d
20		efendant to the Department of Human Services. The defendant s
21		hall be placed in a secure setting unless the Court determines t
22		hat there are compelling reasons why such placement is not n
23		ecessary. Such defendants placed in a secure setting shall not b
24		e permitted outside the facility's housing unit unless e
25		scorted or accompanied by personnel of the Department of Human S
26		ervices or with the prior approval of the Court for u
27		nsupervised on-grounds privileges as provided herein. Any d
28		efendant placed in a secure setting pursuant to this Section, t
29		ransported to court hearings or other necessary appointments o
30		ff facility grounds by personnel of the Department of Human S
31		ervices, shall be placed in security devices or otherwise s
32		ecured during the period of transportation to assure secure t
33		ransport of the defendant and the safety of Department of H
34		uman Services personnel and others. These security measures s
35		hall not constitute restraint as defined in the Mental Health a
36		nd Developmental Disabilities Code. If the defendant is found t

1		o be in need of mental health services, but not on an i
2		npatient care basis, the Court shall conditionally release the d
3		efendant, under such conditions as set forth in this Section a
4		s will reasonably assure the defendant's satisfactory p
5		rogress and participation in treatment or rehabilitation and t
6		he safety of the defendant and others. If the Court finds the p
7		erson not in need of mental health services, then the Court s
8		hall order the defendant discharged from custody. (a-1) (1) Definitions. : For the purposes of this Section: (A) (Blank). (B) "In need of mental health services on an inpatient b
12		asis" means: a defendant who has been found not guilty by r
13		eason of insanity but who due to mental illness is r
14		easonably expected to inflict serious physical harm upon h
15		imself or another and who would benefit from inpatient c
16		are or is in need of inpatient care. (C) "In need of mental health services on an outpatient b
18		asis" means: a defendant who has been found not guilty by r
19		eason of insanity who is not in need of mental health s
20		ervices on an inpatient basis, but is in need of o
21		utpatient care, drug and/or alcohol rehabilitation p
22		rograms, community adjustment programs, individual, g
23		roup, or family therapy, or chemotherapy. (D) "Conditional Release" means: the release from e
25		ither the custody of the Department of Human Services or t
26		he custody of the Court of a person who has been found not g
27		uilty by reason of insanity under such conditions as the C
28		ourt may impose which reasonably assure the defendant's s
29		atisfactory progress in treatment or habilitation and the s
30		afety of the defendant and others. The Court shall c
31		onsider such terms and conditions which may include, but n
32		eed not be limited to, outpatient care, alcoholic and drug r
33		ehabilitation programs, community adjustment programs, i
34		ndividual, group, family, and chemotherapy, random t
35		esting to ensure the defendant's timely and continuous t
36		aking of any medicines prescribed to control or manage his o

1		r her conduct or mental state, and periodic checks with t
2		he legal authorities and/or the Department of Human S
3		ervices. The Court may order as a condition of conditional r
4		elease that the defendant not contact the victim of the o
5		ffense that resulted in the finding or verdict of not g
6		uilty by reason of insanity or any other person. The Court m
7		ay order the Department of Human Services to provide care t
8		o any person conditionally released under this Section. T
9		he Department may contract with any public or private a
10		gency in order to discharge any responsibilities imposed u
11		nder this Section. The Department shall monitor the p
12		rovision of services to persons conditionally released u
13		nder this Section and provide periodic reports to the C
14		ourt concerning the services and the condition of the d
15		efendant. Whenever a person is conditionally released p
16		ursuant to this Section, the State's Attorney for the c
17		ounty in which the hearing is held shall designate in w
18		riting the name, telephone number, and address of a person e
19		mployed by him or her who shall be notified in the event t
20		hat either the reporting agency or the Department decides t
21		hat the conditional release of the defendant should be r
22		evoked or modified pursuant to subsection (i) of this S
23		ection. Such conditional release shall be for a period of f
24		ive years. However, the defendant, the person or facility r
25		endering the treatment, therapy, program or outpatient c
26		are, the Department, or the State's Attorney may petition t
27		he Court for an extension of the conditional release p
28		eriod for an additional 5 years. Upon receipt of such a p
29		etition, the Court shall hold a hearing consistent with t
30		he provisions of this paragraph (a) and paragraph (f) of t
31		his Section, shall determine whether the defendant should c
32		ontinue to be subject to the terms of conditional release, a
33		nd shall enter an order either extending the defendant's p
34		eriod of conditional release for an additional 5 year p
35		eriod or discharging the defendant. Additional 5-year p
36		eriods of conditional release may be ordered following a h

1		earing as provided in this Section. However, in no event s
2		hall the defendant's period of conditional release c
3		ontinue beyond the maximum period of commitment ordered by t
4		he Court pursuant to paragraph (b) of this Section. These p
5		rovisions for extension of conditional release shall only a
6		pply to defendants conditionally released on or after A
7		ugust 8, 2003 the effective date of this amendatory Act of t
8		he 93rd General Assembly. However the extension p
9		rovisions of Public Act 83-1449 apply only to defendants c
10		harged with a forcible felony. (E) "Facility director" means the chief officer of a m
12		ental health or developmental disabilities facility or h
13		is or her designee or the supervisor of a program of t
14		reatment or habilitation or his or her designee. "
15		Designee" may include a physician, clinical psychologist, s
16		ocial worker, nurse, or clinical professional counselor. (
17		b) If the Court finds the defendant in need of mental h
18		ealth services on an inpatient basis, the admission, d
19		etention, care, treatment or habilitation, treatment plans, r
20		eview proceedings, including review of treatment and t
21		reatment plans, and discharge of the defendant after such o
22		rder shall be under the Mental Health and Developmental D
23		isabilities Code, except that the initial order for admission o
24		f a defendant acquitted of a felony by reason of insanity s
25		hall be for an indefinite period of time. Such period of c
26		ommitment shall not exceed the maximum length of time that the d
27		efendant would have been required to serve, less credit for g
28		ood behavior as provided in Section 5-4-1 of the Unified Code o
29		f Corrections, before becoming eligible for release had he b
30		een convicted of and received the maximum sentence for the m
31		ost serious crime for which he has been acquitted by reason of i
32		nsanity. The Court shall determine the maximum period of c
33		ommitment by an appropriate order. During this period of time, t
34		he defendant shall not be permitted to be in the community in a
35		ny manner, including but not limited to off-grounds p
36		rivileges, with or without escort by personnel of the D

1		epartment of Human Services, unsupervised on-grounds p
2		rivileges, discharge or conditional or temporary release, e
3		xcept by a plan as provided in this Section. In no event shall a
4		defendant's continued unauthorized absence be a basis for d
5		ischarge. Not more than 30 days after admission and every 60 d
6		ays thereafter so long as the initial order remains in effect, t
7		he facility director shall file a treatment plan report in w
8		riting with the court and forward a copy of the treatment plan r
9		eport to the clerk of the court, the State's Attorney, and the d
10		efendant's attorney, if the defendant is represented by c
11		ounsel, or to a person authorized by the defendant under the M
12		ental Health and Developmental Disabilities Confidentiality A
13		ct to be sent a copy of the report. The report shall include a
14		n opinion as to whether the defendant is currently in need of m
15		ental health services on an inpatient basis or in need of m
16		ental health services on an outpatient basis. The report shall a
17		lso summarize the basis for those findings and provide a c
18		urrent summary of the following items from the treatment plan: (
19		1) an assessment of the defendant's treatment needs, (2) a d
20		escription of the services recommended for treatment, (3) the g
21		oals of each type of element of service, (4) an anticipated t
22		imetable for the accomplishment of the goals, and (5) a d
23		esignation of the qualified professional responsible for the i
24		mplementation of the plan. The report may also include u
25		nsupervised on-grounds privileges, off-grounds privileges (
26		with or without escort by personnel of the Department of Human S
27		ervices), home visits and participation in work programs, but o
28		nly where such privileges have been approved by specific court o
29		rder, which order may include such conditions on the defendant a
30		s the Court may deem appropriate and necessary to reasonably a
31		ssure the defendant's satisfactory progress in treatment and t
32		he safety of the defendant and others. (
33		c) Every defendant acquitted of a felony by reason of i
34		nsanity and subsequently found to be in need of mental health s
35		ervices shall be represented by counsel in all proceedings u
36		nder this Section and under the Mental Health and D

1		evelopmental Disabilities Code. (1) The Court shall appoint as counsel the public d
3		efender or an attorney licensed by this State. (2) Upon filing with the Court of a verified statement o
5		f legal services rendered by the private attorney a
6		ppointed pursuant to paragraph (1) of this subsection, the C
7		ourt shall determine a reasonable fee for such services. I
8		f the defendant is unable to pay the fee, the Court shall e
9		nter an order upon the State to pay the entire fee or such a
10		mount as the defendant is unable to pay from funds a
11		ppropriated by the General Assembly for that purpose. (
12		d) When the facility director determines that: (1) the defendant is no longer in need of mental health s
14		ervices on an inpatient basis; and (2) the defendant may be conditionally released b
16		ecause he or she is still in need of mental health s
17		ervices or that the defendant may be discharged as not in n
18		eed of any mental health services; or (3) the defendant no longer requires placement in a s
20		ecure setting; t
21		he facility director shall give written notice to the Court, S
22		tate's Attorney and defense attorney. Such notice shall set f
23		orth in detail the basis for the recommendation of the f
24		acility director, and specify clearly the recommendations, if a
25		ny, of the facility director, concerning conditional release. A
26		ny recommendation for conditional release shall include an e
27		valuation of the defendant's need for psychotropic m
28		edication, what provisions should be made, if any, to ensure t
29		hat the defendant will continue to receive psychotropic m
30		edication following discharge, and what provisions should be m
31		ade to assure the safety of the defendant and others in the e
32		vent the defendant is no longer receiving psychotropic m
33		edication. Within 30 days of the notification by the facility d
34		irector, the Court shall set a hearing and make a finding as t
35		o whether the defendant is: (i) (blank); or (ii) in need of mental health services in the form of i
2		npatient care; or (iii) in need of mental health services but not subject t
4		o inpatient care; or (iv) no longer in need of mental health services; or (v) no longer requires placement in a secure setting. U
7		pon finding by the Court, the Court shall enter its f
8		indings and such appropriate order as provided in subsection (
9		a) of this Section. (
10		e) A defendant admitted pursuant to this Section, or any p
11		erson on his behalf, may file a petition for treatment plan r
12		eview, transfer to a non-secure setting within the Department o
13		f Human Services or discharge or conditional release under the s
14		tandards of this Section in the Court which rendered the v
15		erdict. Upon receipt of a petition for treatment plan review, t
16		ransfer to a non-secure setting or discharge or conditional r
17		elease, the Court shall set a hearing to be held within 120 d
18		ays. Thereafter, no new petition may be filed for 180 days w
19		ithout leave of the Court. (
20		f) The Court shall direct that notice of the time and p
21		lace of the hearing be served upon the defendant, the facility d
22		irector, the State's Attorney, and the defendant's attorney. I
23		f requested by either the State or the defense or if the Court f
24		eels it is appropriate, an impartial examination of the d
25		efendant by a psychiatrist or clinical psychologist as defined i
26		n Section 1-103 of the Mental Health and Developmental D
27		isabilities Code who is not in the employ of the Department of H
28		uman Services shall be ordered, and the report considered at t
29		he time of the hearing. (
30		g) The findings of the Court shall be established by clear a
31		nd convincing evidence. The burden of proof and the burden of g
32		oing forth with the evidence rest with the defendant or any p
33		erson on the defendant's behalf when a hearing is held to r
34		eview a petition filed by or on behalf of the defendant. The e
35		vidence shall be presented in open Court with the right of c
36		onfrontation and cross-examination. Such evidence may i

1		nclude, but is not limited to: (1) whether the defendant appreciates the harm caused b
3		y the defendant to others and the community by his or her p
4		rior conduct that resulted in the finding of not guilty by r
5		eason of insanity; (2) Whether the person appreciates the criminality of c
7		onduct similar similiar to the conduct for which he or she w
8		as originally charged in this matter; (3) the current state of the defendant's illness; (4) what, if any, medications the defendant is taking t
11		o control his or her mental illness; (5) what, if any, adverse physical side effects the m
13		edication has on the defendant; (6) the length of time it would take for the d
15		efendant's mental health to deteriorate if the defendant s
16		topped taking prescribed medication; (7) the defendant's history or potential for alcohol a
18		nd drug abuse; (8) the defendant's past criminal history; (9) any specialized physical or medical needs of the d
21		efendant; (10) any family participation or involvement expected u
23		pon release and what is the willingness and ability of the f
24		amily to participate or be involved; (11) the defendant's potential to be a danger to h
26		imself, herself, or others; and (12) any other factor or factors the Court deems a
28		ppropriate. (
29		h) Before the court orders that the defendant be d
30		ischarged or conditionally released, it shall order the f
31		acility director to establish a discharge plan that includes a p
32		lan for the defendant's shelter, support, and medication. If a
33		ppropriate, the court shall order that the facility director e
34		stablish a program to train the defendant in self-medication u
35		nder standards established by the Department of Human S
36		ervices. If the Court finds, consistent with the provisions of t

1		his Section, that the defendant is no longer in need of mental h
2		ealth services it shall order the facility director to d
3		ischarge the defendant. If the Court finds, consistent with t
4		he provisions of this Section, that the defendant is in need o
5		f mental health services, and no longer in need of inpatient c
6		are, it shall order the facility director to release the d
7		efendant under such conditions as the Court deems appropriate a
8		nd as provided by this Section. Such conditional release shall b
9		e imposed for a period of 5 years as provided in paragraph (1) (
10		D) of subsection (a) and shall be subject to later m
11		odification by the Court as provided by this Section. If the C
12		ourt finds consistent with the provisions in this Section that t
13		he defendant is in need of mental health services on an i
14		npatient basis, it shall order the facility director not to d
15		ischarge or release the defendant in accordance with paragraph (
16		b) of this Section. (
17		i) If within the period of the defendant's conditional r
18		elease the State's Attorney determines that the defendant has n
19		ot fulfilled the conditions of his or her release, the State's A
20		ttorney may petition the Court to revoke or modify the c
21		onditional release of the defendant. Upon the filing of such p
22		etition the defendant may be remanded to the custody of the D
23		epartment, or to any other mental health facility designated b
24		y the Department, pending the resolution of the petition. N
25		othing in this Section shall prevent the emergency admission o
26		f a defendant pursuant to Article VI of Chapter III of the M
27		ental Health and Developmental Disabilities Code or the v
28		oluntary admission of the defendant pursuant to Article IV of C
29		hapter III of the Mental Health and Developmental Disabilities C
30		ode. If the Court determines, after hearing evidence, that the d
31		efendant has not fulfilled the conditions of release, the C
32		ourt shall order a hearing to be held consistent with the p
33		rovisions of paragraph (f) and (g) of this Section. At such h
34		earing, if the Court finds that the defendant is in need of m
35		ental health services on an inpatient basis, it shall enter an o
36		rder remanding him or her to the Department of Human Services o

1		r other facility. If the defendant is remanded to the D
2		epartment of Human Services, he or she shall be placed in a s
3		ecure setting unless the Court determines that there are c
4		ompelling reasons that such placement is not necessary. If the C
5		ourt finds that the defendant continues to be in need of m
6		ental health services but not on an inpatient basis, it may m
7		odify the conditions of the original release in order to r
8		easonably assure the defendant's satisfactory progress in t
9		reatment and his or her safety and the safety of others in a
10		ccordance with the standards established in paragraph (1) (D) o
11		f subsection (a). Nothing in this Section shall limit a C
12		ourt's contempt powers or any other powers of a Court. (
13		j) An order of admission under this Section does not a
14		ffect the remedy of habeas corpus. (
15		k) In the event of a conflict between this Section and the M
16		ental Health and Developmental Disabilities Code or the Mental H
17		ealth and Developmental Disabilities Confidentiality Act, the p
18		rovisions of this Section shall govern. (
19		l) This amendatory Act shall apply to all persons who have b
20		een found not guilty by reason of insanity and who are p
21		resently committed to the Department of Mental Health and D
22		evelopmental Disabilities (now the Department of Human S
23		ervices). (
24		m) The Clerk of the Court shall, after the entry of an o
25		rder of transfer to a non-secure setting of the Department of H
26		uman Services or discharge or conditional release, transmit a c
27		ertified copy of the order to the Department of Human S
28		ervices, and the sheriff of the county from which the d
29		efendant was admitted. The Clerk of the Court shall also t
30		ransmit a certified copy of the order of discharge or c
31		onditional release to the Illinois Department of State Police, t
32		o the proper law enforcement agency for the municipality where t
33		he offense took place, and to the sheriff of the county into w
34		hich the defendant is conditionally discharged. The Illinois D
35		epartment of State Police shall maintain a centralized record o
36		f discharged or conditionally released defendants while they a

1		re under court supervision for access and use of appropriate l
2		aw enforcement agencies. (
3		Source: P.A. 93-78, eff. 1-1-04; 93-473, eff. 8-8-03; revised 1
4		-22-04.) (
5		730 ILCS 5/5-4-3) (from Ch. 38, par. 1005-4-3) S
6		ec. 5-4-3. Persons convicted of, or found delinquent for, c
7		ertain offenses or institutionalized as sexually dangerous; s
8		pecimens; genetic marker groups. (
9		a) Any person convicted of, found guilty under the J
10		uvenile Court Act of 1987 for, or who received a disposition o
11		f court supervision for, a qualifying offense or attempt of a q
12		ualifying offense, convicted or found guilty of any offense c
13		lassified as a felony under Illinois law, found guilty or g
14		iven supervision for any offense classified as a felony under t
15		he Juvenile Court Act of 1987, or institutionalized as a s
16		exually dangerous person under the Sexually Dangerous Persons A
17		ct, or committed as a sexually violent person under the S
18		exually Violent Persons Commitment Act shall, regardless of t
19		he sentence or disposition imposed, be required to submit s
20		pecimens of blood, saliva, or tissue to the Illinois D
21		epartment of State Police in accordance with the provisions of t
22		his Section, provided such person is: (1) convicted of a qualifying offense or attempt of a q
24		ualifying offense on or after July 1, 1990 and sentenced t
25		o a term of imprisonment, periodic imprisonment, fine, p
26		robation, conditional discharge or any other form of s
27		entence, or given a disposition of court supervision for t
28		he offense; (1.5) found guilty or given supervision under the J
30		uvenile Court Act of 1987 for a qualifying offense or a
31		ttempt of a qualifying offense on or after January 1, 1
32		997; (2) ordered institutionalized as a sexually dangerous p
34		erson on or after July 1, 1990; (3) convicted of a qualifying offense or attempt of a q

1		ualifying offense before July 1, 1990 and is presently c
2		onfined as a result of such conviction in any State c
3		orrectional facility or county jail or is presently s
4		erving a sentence of probation, conditional discharge or p
5		eriodic imprisonment as a result of such conviction; (3.5) convicted or found guilty of any offense c
7		lassified as a felony under Illinois law or found guilty o
8		r given supervision for such an offense under the Juvenile C
9		ourt Act of 1987 on or after August 22, 2002; (4) presently institutionalized as a sexually d
11		angerous person or presently institutionalized as a p
12		erson found guilty but mentally ill of a sexual offense or a
13		ttempt to commit a sexual offense; (4.5) ordered committed as a sexually violent person on o
15		r after the effective date of the Sexually Violent Persons C
16		ommitment Act; or (5) seeking transfer to or residency in Illinois under S
18		ections 3-3-11.05 through 3-3-11.5 of the Unified Code of C
19		orrections and the Interstate Compact for Adult Offender S
20		upervision or the Interstate Agreements on Sexually D
21		angerous Persons Act. N
22		otwithstanding other provisions of this Section, any p
23		erson incarcerated in a facility of the Illinois Department of C
24		orrections on or after August 22, 2002 shall be required to s
25		ubmit a specimen of blood, saliva, or tissue prior to his or h
26		er final discharge or release on parole or mandatory s
27		upervised release, as a condition of his or her parole or m
28		andatory supervised release. (
29		a-5) Any person who was otherwise convicted of or received a
30		disposition of court supervision for any other offense under t
31		he Criminal Code of 1961 or who was found guilty or given s
32		upervision for such a violation under the Juvenile Court Act o
33		f 1987, may, regardless of the sentence imposed, be required b
34		y an order of the court to submit specimens of blood, saliva, o
35		r tissue to the Illinois Department of State Police in a
36		ccordance with the provisions of this Section. (

1		b) Any person required by paragraphs (a)(1), (a)(1.5), (
2		a)(2), (a)(3.5), and (a-5) to provide specimens of blood, s
3		aliva, or tissue shall provide specimens of blood, saliva, or t
4		issue within 45 days after sentencing or disposition at a c
5		ollection site designated by the Illinois Department of State P
6		olice. (
7		c) Any person required by paragraphs (a)(3), (a)(4), and (
8		a)(4.5) to provide specimens of blood, saliva, or tissue shall b
9		e required to provide such samples prior to final discharge, p
10		arole, or release at a collection site designated by the I
11		llinois Department of State Police. (
12		c-5) Any person required by paragraph (a)(5) to provide s
13		pecimens of blood, saliva, or tissue shall, where feasible, be r
14		equired to provide the specimens before being accepted for c
15		onditioned residency in Illinois under the interstate compact o
16		r agreement, but no later than 45 days after arrival in this S
17		tate. (
18		c-6) The Illinois Department of State Police may determine w
19		hich type of specimen or specimens, blood, saliva, or tissue, i
20		s acceptable for submission to the Division of Forensic S
21		ervices for analysis. (
22		d) The Illinois Department of State Police shall provide a
23		ll equipment and instructions necessary for the collection of b
24		lood samples. The collection of samples shall be performed in a
25		medically approved manner. Only a physician authorized to p
26		ractice medicine, a registered nurse or other qualified person t
27		rained in venipuncture may withdraw blood for the purposes of t
28		his Act. The samples shall thereafter be forwarded to the I
29		llinois Department of State Police, Division of Forensic S
30		ervices, for analysis and categorizing into genetic marker g
31		roupings. (
32		d-1) The Illinois Department of State Police shall provide a
33		ll equipment and instructions necessary for the collection of s
34		aliva samples. The collection of saliva samples shall be p
35		erformed in a medically approved manner. Only a person trained i
36		n the instructions promulgated by the Illinois State Police on c

1		ollecting saliva may collect saliva for the purposes of this S
2		ection. The samples shall thereafter be forwarded to the I
3		llinois Department of State Police, Division of Forensic S
4		ervices, for analysis and categorizing into genetic marker g
5		roupings. (
6		d-2) The Illinois Department of State Police shall provide a
7		ll equipment and instructions necessary for the collection of t
8		issue samples. The collection of tissue samples shall be p
9		erformed in a medically approved manner. Only a person trained i
10		n the instructions promulgated by the Illinois State Police on c
11		ollecting tissue may collect tissue for the purposes of this S
12		ection. The samples shall thereafter be forwarded to the I
13		llinois Department of State Police, Division of Forensic S
14		ervices, for analysis and categorizing into genetic marker g
15		roupings. (
16		d-5) To the extent that funds are available, the Illinois D
17		epartment of State Police shall contract with qualified p
18		ersonnel and certified laboratories for the collection, a
19		nalysis, and categorization of known samples. (
20		d-6) Agencies designated by the Illinois Department of S
21		tate Police and the Illinois Department of State Police may c
22		ontract with third parties to provide for the collection or a
23		nalysis of DNA, or both, of an offender's blood, saliva, and t
24		issue samples. (
25		e) The genetic marker groupings shall be maintained by the I
26		llinois Department of State Police, Division of Forensic S
27		ervices. (
28		f) The genetic marker grouping analysis information o
29		btained pursuant to this Act shall be confidential and shall b
30		e released only to peace officers of the United States, of o
31		ther states or territories, of the insular possessions of the U
32		nited States, of foreign countries duly authorized to receive t
33		he same, to all peace officers of the State of Illinois and to a
34		ll prosecutorial agencies, and to defense counsel as provided b
35		y Section 116-5 of the Code of Criminal Procedure of 1963. The g
36		enetic marker grouping analysis information obtained pursuant t

1		o this Act shall be used only for (i) valid law enforcement i
2		dentification purposes and as required by the Federal Bureau o
3		f Investigation for participation in the National DNA d
4		atabase, (ii) technology validation purposes, (iii) a p
5		opulation statistics database, or (iv) quality assurance p
6		urposes if personally identifying information is removed, or (
7		v) (iii) assisting in the defense of the criminally accused p
8		ursuant to Section 116-5 of the Code of Criminal Procedure of 1
9		963. Notwithstanding any other statutory provision to the c
10		ontrary, all information obtained under this Section shall be m
11		aintained in a single State data base, which may be uploaded i
12		nto a national database, and which information may be subject t
13		o expungement only as set forth in subsection (f-1). (
14		f-1) Upon receipt of notification of a reversal of a c
15		onviction based on actual innocence, or of the granting of a p
16		ardon pursuant to Section 12 of Article V of the Illinois C
17		onstitution, if that pardon document specifically states that t
18		he reason for the pardon is the actual innocence of an i
19		ndividual whose DNA record has been stored in the State or n
20		ational DNA identification index in accordance with this S
21		ection by the Illinois Department of State Police, the DNA r
22		ecord shall be expunged from the DNA identification index, and t
23		he Department shall by rule prescribe procedures to ensure t
24		hat the record and any samples, analyses, or other documents r
25		elating to such record, whether in the possession of the D
26		epartment or any law enforcement or police agency, or any f
27		orensic DNA laboratory, including any duplicates or copies t
28		hereof, are destroyed and a letter is sent to the court v
29		erifying the expungement is completed. (
30		f-5) Any person who intentionally uses genetic marker g
31		rouping analysis information, or any other information d
32		erived from a DNA sample, beyond the authorized uses as p
33		rovided under this Section, or any other Illinois law, is g
34		uilty of a Class 4 felony, and shall be subject to a fine of n
35		ot less than $5,000. (
36		f-6) The Illinois Department of State Police may contract w

1		ith third parties for the purposes of implementing this a
2		mendatory Act of the 93rd General Assembly. Any other party c
3		ontracting to carry out the functions of this Section shall be s
4		ubject to the same restrictions and requirements of this S
5		ection insofar as applicable, as the Illinois Department of S
6		tate Police, and to any additional restrictions imposed by the I
7		llinois Department of State Police. (
8		g) For the purposes of this Section, "qualifying offense" m
9		eans any of the following: (1) any violation or inchoate violation of Section 1
11		1-6, 11-9.1, 11-11, 11-18.1, 12-15, or 12-16 of the C
12		riminal Code of 1961; (1.1) any violation or inchoate violation of Section 9
14		-1, 9-2, 10-1, 10-2, 12-11, 12-11.1, 18-1, 18-2, 18-3, 1
15		8-4, 19-1, or 19-2 of the Criminal Code of 1961 for which p
16		ersons are convicted on or after July 1, 2001; (2) any former statute of this State which defined a f
18		elony sexual offense; (3) (blank); (4) any inchoate violation of Section 9-3.1, 11-9.3, 1
21		2-7.3, or 12-7.4 of the Criminal Code of 1961; or (5) any violation or inchoate violation of Article 29D o
23		f the Criminal Code of 1961. (
24		g-5) (Blank). (
25		h) The Illinois Department of State Police shall be the S
26		tate central repository for all genetic marker grouping a
27		nalysis information obtained pursuant to this Act. The I
28		llinois Department of State Police may promulgate rules for t
29		he form and manner of the collection of blood, saliva, or t
30		issue samples and other procedures for the operation of this A
31		ct. The provisions of the Administrative Review Law shall a
32		pply to all actions taken under the rules so promulgated. (
33		i) (1) A person required to provide a blood, saliva, or t
34		issue specimen shall cooperate with the collection of the s
35		pecimen and any deliberate act by that person intended to i
36		mpede, delay or stop the collection of the blood, saliva, o

1		r tissue specimen is a Class A misdemeanor. (2) In the event that a person's DNA sample is not a
3		dequate for any reason, the person shall provide another D
4		NA sample for analysis. Duly authorized law enforcement a
5		nd corrections personnel may employ reasonable force in c
6		ases in which an individual refuses to provide a DNA s
7		ample required under this Act. (
8		j) Any person required by subsection (a) to submit s
9		pecimens of blood, saliva, or tissue to the Illinois D
10		epartment of State Police for analysis and categorization into g
11		enetic marker grouping, in addition to any other disposition, p
12		enalty, or fine imposed, shall pay an analysis fee of $200. If t
13		he analysis fee is not paid at the time of sentencing, the c
14		ourt shall establish a fee schedule by which the entire amount o
15		f the analysis fee shall be paid in full, such schedule not to e
16		xceed 24 months from the time of conviction. The inability to p
17		ay this analysis fee shall not be the sole ground to i
18		ncarcerate the person. (
19		k) All analysis and categorization fees provided for by s
20		ubsection (j) shall be regulated as follows: (1) The State Offender DNA Identification System Fund i
22		s hereby created as a special fund in the State Treasury. (2) All fees shall be collected by the clerk of the c
24		ourt and forwarded to the State Offender DNA I
25		dentification System Fund for deposit. The clerk of the c
26		ircuit court may retain the amount of $10 from each c
27		ollected analysis fee to offset administrative costs i
28		ncurred in carrying out the clerk's responsibilities u
29		nder this Section. (3) Fees deposited into the State Offender DNA I
31		dentification System Fund shall be used by Illinois State P
32		olice crime laboratories as designated by the Director of S
33		tate Police. These funds shall be in addition to any a
34		llocations made pursuant to existing laws and shall be d
35		esignated for the exclusive use of State crime l
36		aboratories. These uses may include, but are not limited t

1		o, the following: (A) Costs incurred in providing analysis and g
3		enetic marker categorization as required by s
4		ubsection (d). (B) Costs incurred in maintaining genetic marker g
6		roupings as required by subsection (e). (C) Costs incurred in the purchase and maintenance o
8		f equipment for use in performing analyses. (D) Costs incurred in continuing research and d
10		evelopment of new techniques for analysis and genetic m
11		arker categorization. (E) Costs incurred in continuing education, t
13		raining, and professional development of forensic s
14		cientists regularly employed by these laboratories. (
15		l) The failure of a person to provide a specimen, or of a
16		ny person or agency to collect a specimen, within the 45 day p
17		eriod shall in no way alter the obligation of the person to s
18		ubmit such specimen, or the authority of the Illinois D
19		epartment of State Police or persons designated by the D
20		epartment to collect the specimen, or the authority of the I
21		llinois Department of State Police to accept, analyze and m
22		aintain the specimen or to maintain or upload results of g
23		enetic marker grouping analysis information into a State or n
24		ational database. (
25		m) If any provision of this amendatory Act of the 93rd G
26		eneral Assembly is held unconstitutional or otherwise i
27		nvalid, the remainder of this amendatory Act of the 93rd G
28		eneral Assembly is not affected. (
29		Source: P.A. 92-16, eff. 6-28-01; 92-40, eff. 6-29-01; 92-571, e
30		ff. 6-26-02; 92-600, eff. 6-28-02; 92-829, eff. 8-22-02; 9
31		2-854, eff. 12-5-02; 93-216, eff. 1-1-04; 93-605, eff. 1
32		1-19-03; revised 12-9-03.) (
33		730 ILCS 5/5-5-3) (from Ch. 38, par. 1005-5-3) S
34		ec. 5-5-3. Disposition. (
35		a) Every person convicted of an offense shall be sentenced a

1		s provided in this Section. (
2		b) The following options shall be appropriate d
3		ispositions, alone or in combination, for all felonies and m
4		isdemeanors other than those identified in subsection (c) of t
5		his Section: (1) A period of probation. (2) A term of periodic imprisonment. (3) A term of conditional discharge. (4) A term of imprisonment. (5) An order directing the offender to clean up and r
11		epair the damage, if the offender was convicted under p
12		aragraph (h) of Section 21-1 of the Criminal Code of 1961 (
13		now repealed). (6) A fine. (7) An order directing the offender to make restitution t
16		o the victim under Section 5-5-6 of this Code. (8) A sentence of participation in a county impact i
18		ncarceration program under Section 5-8-1.2 of this Code. W
19		henever an individual is sentenced for an offense based u
20		pon an arrest for a violation of Section 11-501 of the I
21		llinois Vehicle Code, or a similar provision of a local o
22		rdinance, and the professional evaluation recommends remedial o
23		r rehabilitative treatment or education, neither the t
24		reatment nor the education shall be the sole disposition and e
25		ither or both may be imposed only in conjunction with another d
26		isposition. The court shall monitor compliance with any r
27		emedial education or treatment recommendations contained in t
28		he professional evaluation. Programs conducting alcohol or o
29		ther drug evaluation or remedial education must be licensed by t
30		he Department of Human Services. However, if the individual is n
31		ot a resident of Illinois, the court may accept an alcohol or o
32		ther drug evaluation or remedial education program in the s
33		tate of such individual's residence. Programs providing t
34		reatment must be licensed under existing applicable a
35		lcoholism and drug treatment licensure standards. I
36		n addition to any other fine or penalty required by law, a

1		ny individual convicted of a violation of Section 11-501 of t
2		he Illinois Vehicle Code, Section 5-7 of the Snowmobile R
3		egistration and Safety Act, Section 5-16 of the Boat R
4		egistration and Safety Act, or a similar provision of local o
5		rdinance, whose operation of a motor vehicle while in v
6		iolation of Section 11-501, Section 5-7, Section 5-16, or such o
7		rdinance proximately caused an incident resulting in an a
8		ppropriate emergency response, shall be required to make r
9		estitution to a public agency for the costs of that emergency r
10		esponse. Such restitution shall not exceed $1,000 per public a
11		gency for each such emergency response. For the purpose of t
12		his paragraph, emergency response shall mean any incident r
13		equiring a response by: a police officer as defined under S
14		ection 1-162 of the Illinois Vehicle Code; a fireman carried o
15		n the rolls of a regularly constituted fire department; and an a
16		mbulance as defined under Section 3.85 of the Emergency M
17		edical Services (EMS) Systems Act. N
18		either a fine nor restitution shall be the sole d
19		isposition for a felony and either or both may be imposed only i
20		n conjunction with another disposition. (
21		c) (1) When a defendant is found guilty of first degree m
22		urder the State may either seek a sentence of imprisonment u
23		nder Section 5-8-1 of this Code, or where appropriate seek a
24		sentence of death under Section 9-1 of the Criminal Code o
25		f 1961. (2) A period of probation, a term of periodic i
27		mprisonment or conditional discharge shall not be imposed f
28		or the following offenses. The court shall sentence the o
29		ffender to not less than the minimum term of imprisonment s
30		et forth in this Code for the following offenses, and may o
31		rder a fine or restitution or both in conjunction with s
32		uch term of imprisonment: (A) First degree murder where the death penalty is n
34		ot imposed. (B) Attempted first degree murder. (C) A Class X felony. (D) A violation of Section 401.1 or 407 of the I
2		llinois Controlled Substances Act, or a violation of s
3		ubdivision (c)(1) or (c)(2) of Section 401 of that Act w
4		hich relates to more than 5 grams of a substance c
5		ontaining heroin or cocaine or an analog thereof. (E) A violation of Section 5.1 or 9 of the Cannabis C
7		ontrol Act. (F) A Class 2 or greater felony if the offender had b
9		een convicted of a Class 2 or greater felony within 10 y
10		ears of the date on which the offender committed the o
11		ffense for which he or she is being sentenced, except a
12		s otherwise provided in Section 40-10 of the A
13		lcoholism and Other Drug Abuse and Dependency Act. (G) Residential burglary, except as otherwise p
15		rovided in Section 40-10 of the Alcoholism and Other D
16		rug Abuse and Dependency Act. (H) Criminal sexual assault. (I) Aggravated battery of a senior citizen. (J) A forcible felony if the offense was related to t
20		he activities of an organized gang. Before July 1, 1994, for the purposes of this p
22		aragraph, "organized gang" means an association of 5 o
23		r more persons, with an established hierarchy, that e
24		ncourages members of the association to perpetrate c
25		rimes or provides support to the members of the a
26		ssociation who do commit crimes. Beginning July 1, 1994, for the purposes of this p
28		aragraph, "organized gang" has the meaning ascribed t
29		o it in Section 10 of the Illinois Streetgang T
30		errorism Omnibus Prevention Act. (K) Vehicular hijacking. (L) A second or subsequent conviction for the o
33		ffense of hate crime when the underlying offense upon w
34		hich the hate crime is based is felony aggravated a
35		ssault or felony mob action. (M) A second or subsequent conviction for the o

1		ffense of institutional vandalism if the damage to the p
2		roperty exceeds $300. (N) A Class 3 felony violation of paragraph (1) of s
4		ubsection (a) of Section 2 of the Firearm Owners I
5		dentification Card Act. (O) A violation of Section 12-6.1 of the Criminal C
7		ode of 1961. (P) A violation of paragraph (1), (2), (3), (4), (
9		5), or (7) of subsection (a) of Section 11-20.1 of the C
10		riminal Code of 1961. (Q) A violation of Section 20-1.2 or 20-1.3 of the C
12		riminal Code of 1961. (R) A violation of Section 24-3A of the Criminal C
14		ode of 1961. (S) A violation of Section 11-501(c-1)(3) of the I
16		llinois Vehicle Code. (T) A second or subsequent violation of paragraph (
18		6.6) of subsection (a), subsection (c-5), or s
19		ubsection (d-5) of Section 401 of the Illinois C
20		ontrolled Substances Act. (3) A minimum term of imprisonment of not less than 5 d
22		ays or 30 days of community service as may be determined b
23		y the court shall be imposed for a second violation c
24		ommitted within 5 years of a previous violation of Section 1
25		1-501 of the Illinois Vehicle Code or a similar provision o
26		f a local ordinance. In the case of a third or subsequent v
27		iolation committed within 5 years of a previous violation o
28		f Section 11-501 of the Illinois Vehicle Code or a similar p
29		rovision of a local ordinance, a minimum term of either 10 d
30		ays of imprisonment or 60 days of community service shall b
31		e imposed. (4) A minimum term of imprisonment of not less than 10 c
33		onsecutive days or 30 days of community service shall be i
34		mposed for a violation of paragraph (c) of Section 6-303 o
35		f the Illinois Vehicle Code. (4.1) A minimum term of 30 consecutive days of i

1		mprisonment, 40 days of 24 hour periodic imprisonment or 7
2		20 hours of community service, as may be determined by the c
3		ourt, shall be imposed for a violation of Section 11-501 o
4		f the Illinois Vehicle Code during a period in which the d
5		efendant's driving privileges are revoked or suspended, w
6		here the revocation or suspension was for a violation of S
7		ection 11-501 or Section 11-501.1 of that Code. (4.2) Except as provided in paragraph (4.3) of this s
9		ubsection (c), a minimum of 100 hours of community service s
10		hall be imposed for a second violation of Section 6-303 of t
11		he Illinois Vehicle Code. (4.3) A minimum term of imprisonment of 30 days or 300 h
13		ours of community service, as determined by the court, s
14		hall be imposed for a second violation of subsection (c) o
15		f Section 6-303 of the Illinois Vehicle Code. (4.4) Except as provided in paragraph (4.5) and p
17		aragraph (4.6) of this subsection (c), a minimum term of i
18		mprisonment of 30 days or 300 hours of community service, a
19		s determined by the court, shall be imposed for a third or s
20		ubsequent violation of Section 6-303 of the Illinois V
21		ehicle Code. (4.5) A minimum term of imprisonment of 30 days shall b
23		e imposed for a third violation of subsection (c) of S
24		ection 6-303 of the Illinois Vehicle Code. (4.6) A minimum term of imprisonment of 180 days shall b
26		e imposed for a fourth or subsequent violation of s
27		ubsection (c) of Section 6-303 of the Illinois Vehicle C
28		ode. (5) The court may sentence an offender convicted of a b
30		usiness offense or a petty offense or a corporation or u
31		nincorporated association convicted of any offense to: (A) a period of conditional discharge; (B) a fine; (C) make restitution to the victim under Section 5
35		-5-6 of this Code. (5.1) In addition to any penalties imposed under p

1		aragraph (5) of this subsection (c), and except as p
2		rovided in paragraph (5.2) or (5.3), a person convicted of v
3		iolating subsection (c) of Section 11-907 of the Illinois V
4		ehicle Code shall have his or her driver's license, p
5		ermit, or privileges suspended for at least 90 days but n
6		ot more than one year, if the violation resulted in damage t
7		o the property of another person. (5.2) In addition to any penalties imposed under p
9		aragraph (5) of this subsection (c), and except as p
10		rovided in paragraph (5.3), a person convicted of v
11		iolating subsection (c) of Section 11-907 of the Illinois V
12		ehicle Code shall have his or her driver's license, p
13		ermit, or privileges suspended for at least 180 days but n
14		ot more than 2 years, if the violation resulted in injury t
15		o another person. (5.3) In addition to any penalties imposed under p
17		aragraph (5) of this subsection (c), a person convicted of v
18		iolating subsection (c) of Section 11-907 of the Illinois V
19		ehicle Code shall have his or her driver's license, p
20		ermit, or privileges suspended for 2 years, if the v
21		iolation resulted in the death of another person. (6) In no case shall an offender be eligible for a d
23		isposition of probation or conditional discharge for a C
24		lass 1 felony committed while he was serving a term of p
25		robation or conditional discharge for a felony. (7) When a defendant is adjudged a habitual criminal u
27		nder Article 33B of the Criminal Code of 1961, the court s
28		hall sentence the defendant to a term of natural life i
29		mprisonment. (8) When a defendant, over the age of 21 years, is c
31		onvicted of a Class 1 or Class 2 felony, after having t
32		wice been convicted in any state or federal court of an o
33		ffense that contains the same elements as an offense now c
34		lassified in Illinois as a Class 2 or greater Class felony a
35		nd such charges are separately brought and tried and arise o
36		ut of different series of acts, such defendant shall be s

1		entenced as a Class X offender. This paragraph shall not a
2		pply unless (1) the first felony was committed after the e
3		ffective date of this amendatory Act of 1977; and (2) the s
4		econd felony was committed after conviction on the first; a
5		nd (3) the third felony was committed after conviction on t
6		he second. A person sentenced as a Class X offender under t
7		his paragraph is not eligible to apply for treatment as a c
8		ondition of probation as provided by Section 40-10 of the A
9		lcoholism and Other Drug Abuse and Dependency Act. (9) A defendant convicted of a second or subsequent o
11		ffense of ritualized abuse of a child may be sentenced to a
12		term of natural life imprisonment. (10) When a person is convicted of violating Section 1
14		1-501 of the Illinois Vehicle Code or a similar provision o
15		f a local ordinance, the following penalties apply when h
16		is or her blood, breath, or urine was .16 or more based on t
17		he definition of blood, breath, or urine units in Section 1
18		1-501.2 or that person is convicted of violating Section 1
19		1-501 of the Illinois Vehicle Code while transporting a c
20		hild under the age of 16: (A) For a first violation of subsection (a) of S
22		ection 11-501, in addition to any other penalty that m
23		ay be imposed under subsection (c) of Section 11-501: a
24		mandatory minimum of 100 hours of community service a
25		nd a minimum fine of $500. (B) For a second violation of subsection (a) of S
27		ection 11-501, in addition to any other penalty that m
28		ay be imposed under subsection (c) of Section 11-501 w
29		ithin 10 years: a mandatory minimum of 2 days of i
30		mprisonment and a minimum fine of $1,250. (C) For a third violation of subsection (a) of S
32		ection 11-501, in addition to any other penalty that m
33		ay be imposed under subsection (c) of Section 11-501 w
34		ithin 20 years: a mandatory minimum of 90 days of i
35		mprisonment and a minimum fine of $2,500. (D) For a fourth or subsequent violation of s

1		ubsection (a) of Section 11-501: ineligibility for a s
2		entence of probation or conditional discharge and a m
3		inimum fine of $2,500. (
4		d) In any case in which a sentence originally imposed is v
5		acated, the case shall be remanded to the trial court. The t
6		rial court shall hold a hearing under Section 5-4-1 of the U
7		nified Code of Corrections which may include evidence of the d
8		efendant's life, moral character and occupation during the t
9		ime since the original sentence was passed. The trial court s
10		hall then impose sentence upon the defendant. The trial court m
11		ay impose any sentence which could have been imposed at the o
12		riginal trial subject to Section 5-5-4 of the Unified Code of C
13		orrections. If a sentence is vacated on appeal or on c
14		ollateral attack due to the failure of the trier of fact at t
15		rial to determine beyond a reasonable doubt the existence of a f
16		act (other than a prior conviction) necessary to increase the p
17		unishment for the offense beyond the statutory maximum o
18		therwise applicable, either the defendant may be re-sentenced t
19		o a term within the range otherwise provided or, if the State f
20		iles notice of its intention to again seek the extended s
21		entence, the defendant shall be afforded a new trial. (
22		e) In cases where prosecution for aggravated criminal s
23		exual abuse under Section 12-16 of the Criminal Code of 1961 r
24		esults in conviction of a defendant who was a family member of t
25		he victim at the time of the commission of the offense, the c
26		ourt shall consider the safety and welfare of the victim and m
27		ay impose a sentence of probation only where: (1) the court finds (A) or (B) or both are appropriate: (A) the defendant is willing to undergo a court a
30		pproved counseling program for a minimum duration of 2 y
31		ears; or (B) the defendant is willing to participate in a c
33		ourt approved plan including but not limited to the d
34		efendant's: (i) removal from the household; (ii) restricted contact with the victim; (iii) continued financial support of the f
2		amily; (iv) restitution for harm done to the victim; a
4		nd (v) compliance with any other measures that t
6		he court may deem appropriate; and (2) the court orders the defendant to pay for the v
8		ictim's counseling services, to the extent that the court f
9		inds, after considering the defendant's income and a
10		ssets, that the defendant is financially capable of paying f
11		or such services, if the victim was under 18 years of age a
12		t the time the offense was committed and requires c
13		ounseling as a result of the offense. P
14		robation may be revoked or modified pursuant to Section 5
15		-6-4; except where the court determines at the hearing that t
16		he defendant violated a condition of his or her probation r
17		estricting contact with the victim or other family members or c
18		ommits another offense with the victim or other family m
19		embers, the court shall revoke the defendant's probation and i
20		mpose a term of imprisonment. F
21		or the purposes of this Section, "family member" and "
22		victim" shall have the meanings ascribed to them in Section 1
23		2-12 of the Criminal Code of 1961. (
24		f) This Article shall not deprive a court in other p
25		roceedings to order a forfeiture of property, to suspend or c
26		ancel a license, to remove a person from office, or to impose a
27		ny other civil penalty. (
28		g) Whenever a defendant is convicted of an offense under S
29		ections 11-14, 11-15, 11-15.1, 11-16, 11-17, 11-18, 11-18.1, 1
30		1-19, 11-19.1, 11-19.2, 12-13, 12-14, 12-14.1, 12-15 or 12-16 o
31		f the Criminal Code of 1961, the defendant shall undergo m
32		edical testing to determine whether the defendant has any s
33		exually transmissible disease, including a test for infection w
34		ith human immunodeficiency virus (HIV) or any other identified c
35		ausative agent of acquired immunodeficiency syndrome (AIDS). A
36		ny such medical test shall be performed only by appropriately l

1		icensed medical practitioners and may include an analysis of a
2		ny bodily fluids as well as an examination of the defendant's p
3		erson. Except as otherwise provided by law, the results of s
4		uch test shall be kept strictly confidential by all medical p
5		ersonnel involved in the testing and must be personally d
6		elivered in a sealed envelope to the judge of the court in w
7		hich the conviction was entered for the judge's inspection in c
8		amera. Acting in accordance with the best interests of the v
9		ictim and the public, the judge shall have the discretion to d
10		etermine to whom, if anyone, the results of the testing may be r
11		evealed. The court shall notify the defendant of the test r
12		esults. The court shall also notify the victim if requested by t
13		he victim, and if the victim is under the age of 15 and if r
14		equested by the victim's parents or legal guardian, the court s
15		hall notify the victim's parents or legal guardian of the test r
16		esults. The court shall provide information on the a
17		vailability of HIV testing and counseling at Department of P
18		ublic Health facilities to all parties to whom the results of t
19		he testing are revealed and shall direct the State's Attorney t
20		o provide the information to the victim when possible. A S
21		tate's Attorney may petition the court to obtain the results o
22		f any HIV test administered under this Section, and the court s
23		hall grant the disclosure if the State's Attorney shows it is r
24		elevant in order to prosecute a charge of criminal t
25		ransmission of HIV under Section 12-16.2 of the Criminal Code o
26		f 1961 against the defendant. The court shall order that the c
27		ost of any such test shall be paid by the county and may be t
28		axed as costs against the convicted defendant. (
29		g-5) When an inmate is tested for an airborne communicable d
30		isease, as determined by the Illinois Department of Public H
31		ealth including but not limited to tuberculosis, the results o
32		f the test shall be personally delivered by the warden or his o
33		r her designee in a sealed envelope to the judge of the court i
34		n which the inmate must appear for the judge's inspection in c
35		amera if requested by the judge. Acting in accordance with the b
36		est interests of those in the courtroom, the judge shall have t

1		he discretion to determine what if any precautions need to be t
2		aken to prevent transmission of the disease in the courtroom. (
3		h) Whenever a defendant is convicted of an offense under S
4		ection 1 or 2 of the Hypodermic Syringes and Needles Act, the d
5		efendant shall undergo medical testing to determine whether t
6		he defendant has been exposed to human immunodeficiency virus (
7		HIV) or any other identified causative agent of acquired i
8		mmunodeficiency syndrome (AIDS). Except as otherwise provided b
9		y law, the results of such test shall be kept strictly c
10		onfidential by all medical personnel involved in the testing a
11		nd must be personally delivered in a sealed envelope to the j
12		udge of the court in which the conviction was entered for the j
13		udge's inspection in camera. Acting in accordance with the b
14		est interests of the public, the judge shall have the d
15		iscretion to determine to whom, if anyone, the results of the t
16		esting may be revealed. The court shall notify the defendant o
17		f a positive test showing an infection with the human i
18		mmunodeficiency virus (HIV). The court shall provide i
19		nformation on the availability of HIV testing and counseling a
20		t Department of Public Health facilities to all parties to w
21		hom the results of the testing are revealed and shall direct t
22		he State's Attorney to provide the information to the victim w
23		hen possible. A State's Attorney may petition the court to o
24		btain the results of any HIV test administered under this S
25		ection, and the court shall grant the disclosure if the S
26		tate's Attorney shows it is relevant in order to prosecute a c
27		harge of criminal transmission of HIV under Section 12-16.2 of t
28		he Criminal Code of 1961 against the defendant. The court s
29		hall order that the cost of any such test shall be paid by the c
30		ounty and may be taxed as costs against the convicted d
31		efendant. (
32		i) All fines and penalties imposed under this Section for a
33		ny violation of Chapters 3, 4, 6, and 11 of the Illinois V
34		ehicle Code, or a similar provision of a local ordinance, and a
35		ny violation of the Child Passenger Protection Act, or a s
36		imilar provision of a local ordinance, shall be collected and d

1		isbursed by the circuit clerk as provided under Section 27.5 o
2		f the Clerks of Courts Act. (
3		j) In cases when prosecution for any violation of Section 1
4		1-6, 11-8, 11-9, 11-11, 11-14, 11-15, 11-15.1, 11-16, 11-17, 1
5		1-17.1, 11-18, 11-18.1, 11-19, 11-19.1, 11-19.2, 11-20.1, 1
6		1-21, 12-13, 12-14, 12-14.1, 12-15, or 12-16 of the Criminal C
7		ode of 1961, any violation of the Illinois Controlled S
8		ubstances Act, or any violation of the Cannabis Control Act r
9		esults in conviction, a disposition of court supervision, or a
10		n order of probation granted under Section 10 of the Cannabis C
11		ontrol Act or Section 410 of the Illinois Controlled Substance A
12		ct of a defendant, the court shall determine whether the d
13		efendant is employed by a facility or center as defined under t
14		he Child Care Act of 1969, a public or private elementary or s
15		econdary school, or otherwise works with children under 18 y
16		ears of age on a daily basis. When a defendant is so employed, t
17		he court shall order the Clerk of the Court to send a copy of t
18		he judgment of conviction or order of supervision or probation t
19		o the defendant's employer by certified mail. If the employer o
20		f the defendant is a school, the Clerk of the Court shall d
21		irect the mailing of a copy of the judgment of conviction or o
22		rder of supervision or probation to the appropriate regional s
23		uperintendent of schools. The regional superintendent of s
24		chools shall notify the State Board of Education of any n
25		otification under this subsection. (
26		j-5) A defendant at least 17 years of age who is convicted o
27		f a felony and who has not been previously convicted of a m
28		isdemeanor or felony and who is sentenced to a term of i
29		mprisonment in the Illinois Department of Corrections shall as a
30		condition of his or her sentence be required by the court to a
31		ttend educational courses designed to prepare the defendant f
32		or a high school diploma and to work toward a high school d
33		iploma or to work toward passing the high school level Test of G
34		eneral Educational Development (GED) or to work toward c
35		ompleting a vocational training program offered by the D
36		epartment of Corrections. If a defendant fails to complete the e

1		ducational training required by his or her sentence during the t
2		erm of incarceration, the Prisoner Review Board shall, as a c
3		ondition of mandatory supervised release, require the d
4		efendant, at his or her own expense, to pursue a course of s
5		tudy toward a high school diploma or passage of the GED test. T
6		he Prisoner Review Board shall revoke the mandatory supervised r
7		elease of a defendant who wilfully fails to comply with this s
8		ubsection (j-5) upon his or her release from confinement in a p
9		enal institution while serving a mandatory supervised release t
10		erm; however, the inability of the defendant after making a g
11		ood faith effort to obtain financial aid or pay for the e
12		ducational training shall not be deemed a wilful failure to c
13		omply. The Prisoner Review Board shall recommit the defendant w
14		hose mandatory supervised release term has been revoked under t
15		his subsection (j-5) as provided in Section 3-3-9. This s
16		ubsection (j-5) does not apply to a defendant who has a high s
17		chool diploma or has successfully passed the GED test. This s
18		ubsection (j-5) does not apply to a defendant who is d
19		etermined by the court to be developmentally disabled or o
20		therwise mentally incapable of completing the educational or v
21		ocational program. (
22		k) A court may not impose a sentence or disposition for a f
23		elony or misdemeanor that requires the defendant to be i
24		mplanted or injected with or to use any form of birth control. (
25		l) (A) Except as provided in paragraph (C) of subsection (
26		l), whenever a defendant, who is an alien as defined by t
27		he Immigration and Nationality Act, is convicted of any f
28		elony or misdemeanor offense, the court after sentencing t
29		he defendant may, upon motion of the State's Attorney, h
30		old sentence in abeyance and remand the defendant to the c
31		ustody of the Attorney General of the United States or his o
32		r her designated agent to be deported when: (1) a final order of deportation has been issued a
34		gainst the defendant pursuant to proceedings under t
35		he Immigration and Nationality Act, and (2) the deportation of the defendant would not d

1		eprecate the seriousness of the defendant's conduct a
2		nd would not be inconsistent with the ends of justice. Otherwise, the defendant shall be sentenced as p
4		rovided in this Chapter V. (B) If the defendant has already been sentenced for a f
6		elony or misdemeanor offense, or has been placed on p
7		robation under Section 10 of the Cannabis Control Act or S
8		ection 410 of the Illinois Controlled Substances Act, the c
9		ourt may, upon motion of the State's Attorney to suspend t
10		he sentence imposed, commit the defendant to the custody o
11		f the Attorney General of the United States or his or her d
12		esignated agent when: (1) a final order of deportation has been issued a
14		gainst the defendant pursuant to proceedings under t
15		he Immigration and Nationality Act, and (2) the deportation of the defendant would not d
17		eprecate the seriousness of the defendant's conduct a
18		nd would not be inconsistent with the ends of justice. (C) This subsection (l) does not apply to offenders who a
20		re subject to the provisions of paragraph (2) of s
21		ubsection (a) of Section 3-6-3. (D) Upon motion of the State's Attorney, if a defendant s
23		entenced under this Section returns to the jurisdiction of t
24		he United States, the defendant shall be recommitted to t
25		he custody of the county from which he or she was s
26		entenced. Thereafter, the defendant shall be brought b
27		efore the sentencing court, which may impose any sentence t
28		hat was available under Section 5-5-3 at the time of i
29		nitial sentencing. In addition, the defendant shall not be e
30		ligible for additional good conduct credit for m
31		eritorious service as provided under Section 3-6-6. (
32		m) A person convicted of criminal defacement of property u
33		nder Section 21-1.3 of the Criminal Code of 1961, in which the p
34		roperty damage exceeds $300 and the property damaged is a s
35		chool building, shall be ordered to perform community service t
36		hat may include cleanup, removal, or painting over the d

1		efacement. (
2		n) The court may sentence a person convicted of a v
3		iolation of Section 12-19, 12-21, or 16-1.3 of the Criminal C
4		ode of 1961 (i) to an impact incarceration program if the p
5		erson is otherwise eligible for that program under Section 5
6		-8-1.1, (ii) to community service, or (iii) if the person is a
7		n addict or alcoholic, as defined in the Alcoholism and Other D
8		rug Abuse and Dependency Act, to a substance or alcohol abuse p
9		rogram licensed under that Act. (
10		Source: P.A. 92-183, eff. 7-27-01; 92-248, eff. 8-3-01; 9
11		2-283, eff. 1-1-02; 92-340, eff. 8-10-01; 92-418, eff. 8
12		-17-01; 92-422, eff. 8-17-01; 92-651, eff. 7-11-02; 92-698, e
13		ff. 7-19-02; 93-44, eff. 7-1-03; 93-156, eff. 1-1-04; 93-169, e
14		ff. 7-10-03; 93-301, eff. 1-1-04; 93-419, eff. 1-1-04; 93-546, e
15		ff. 1-1-04; revised 10-9-03.) (
16		730 ILCS 5/5-8-1.3) S
17		ec. 5-8-1.3. Pilot residential and transition treatment p
18		rogram for women. (
19		a) The General Assembly recognizes: (1) that drug-offending women with children who have b
21		een in and out of the criminal justice system for years a
22		re a serious problem; (2) that the intergenerational cycle of women c
24		ontinuously being part of the criminal justice system n
25		eeds to be broken; (3) that the effects of drug offending women with c
27		hildren disrupts family harmony and creates an atmosphere t
28		hat is not conducive to healthy childhood development; (4) that there is a need for an effective residential c
30		ommunity supervision model to provide help to women to b
31		ecome drug free, recover from trauma, focus on healthy m
32		other-child relationships, and establish economic i
33		ndependence and long-term support; (5) that certain non-violent women offenders with c
35		hildren eligible for sentences of incarceration, may b

1		enefit from the rehabilitative aspects of gender r
2		esponsive treatment programs and services. This Section s
3		hall not be construed to allow violent offenders to p
4		articipate in a treatment program. (
5		b) Under the direction of the sheriff and with the a
6		pproval of the county board of commissioners, the sheriff, in a
7		ny county with more than 3,000,000 inhabitants, may operate a r
8		esidential and transition treatment program for women e
9		stablished by the Illinois Department of Corrections if f
10		unding has been provided by federal, local or private e
11		ntities. If the court finds during the sentencing hearing c
12		onducted under Section 5-4-1 that a woman convicted of a f
13		elony meets the eligibility requirements of the sheriff's r
14		esidential and transition treatment program for women, the c
15		ourt may refer the offender to the sheriff's residential and t
16		ransition treatment program for women for consideration as a p
17		articipant as an alternative to incarceration in the p
18		enitentiary. The sheriff shall be responsible for supervising a
19		ll women who are placed in the residential and transition t
20		reatment program for women for the 12-month period. In the e
21		vent that the woman is not accepted for placement in the s
22		heriff's residential and transition treatment program for w
23		omen, the court shall proceed to sentence the woman to any o
24		ther disposition authorized by this Code. If the woman does n
25		ot successfully complete the residential and transition t
26		reatment program for women, the woman's failure to do so shall c
27		onstitute a violation of the sentence to the residential and t
28		ransition treatment program for women. (
29		c) In order to be eligible to be a participant in the p
30		ilot residential and transition treatment program for women, t
31		he participant shall meet all of the following conditions: (1) The woman has not been convicted of a violent crime a
33		s defined in subsection (c) of Section 3 of the Rights of C
34		rime Victims and Witnesses Act, a Class X felony, first or s
35		econd degree murder, armed violence, aggravated k
36		idnapping, criminal sexual assault, aggravated criminal s

1		exual abuse or a subsequent conviction for criminal sexual a
2		buse, forcible detention, or arson and has not been p
3		reviously convicted of any of those offenses. (2) The woman must undergo an initial assessment e
5		valuation to determine the treatment and program plan. (3) The woman was recommended and accepted for p
7		lacement in the pilot residential and transition t
8		reatment program for women by the Department of C
9		orrections and has consented in writing to participation i
10		n the program under the terms and conditions of the p
11		rogram. The Department of Corrections may consider w
12		hether space is available. (
13		d) The program may include a substance abuse treatment p
14		rogram designed for women offenders, mental health, trauma, a
15		nd medical treatment; parenting skills and family r
16		elationship counseling, preparation for a GED or vocational c
17		ertificate; life skills program; job readiness and job skill t
18		raining, and a community transition development plan. (
19		e) With the approval of the Department of Corrections, the s
20		heriff shall issue requirements for the program and inform the p
21		articipants who shall sign an agreement to adhere to all rules a
22		nd all requirements for the pilot residential and transition t
23		reatment program. (
24		f) Participation in the pilot residential and transition t
25		reatment program for women shall be for a period not to exceed 1
26		2 months. The period may not be reduced by accumulation of g
27		ood time. (
28		g) If the woman successfully completes the pilot r
29		esidential and transition treatment program for women, the s
30		heriff shall notify the Department of Corrections, the court, a
31		nd the State's Attorney of the county of the woman's s
32		uccessful completion. (
33		h) A woman may be removed from the pilot residential and t
34		ransition treatment program for women for violation of the t
35		erms and conditions of the program or in the event she is u
36		nable to participate. The failure to complete the program s

1		hall be deemed a violation of the conditions of the program. T
2		he sheriff shall give notice to the Department of Corrections, t
3		he court, and the State's Attorney of the woman's failure to c
4		omplete the program. The Department of Corrections or its d
5		esignee shall file a petition alleging that the woman has v
6		iolated the conditions of the program with the court. The S
7		tate's Attorney may proceed on the petition under Section 5
8		-4-1 of this Code. (
9		i) The conditions of the pilot residential and transition t
10		reatment program for women shall include that the woman while i
11		n the program: (1) not violate any criminal statute of any j
13		urisdiction; (2) report or appear in person before any person or a
15		gency as directed by the court, the sheriff, or Department o
16		f Corrections; (3) refrain from possessing a firearm or other d
18		angerous weapon; (4) consent to drug testing; (5) not leave the State without the consent of the c
21		ourt or, in circumstances in which reason for the absence i
22		s of such an emergency nature that prior consent by the c
23		ourt is not possible, without prior notification and a
24		pproval of the Department of Corrections; (6) upon placement in the program, must agree to follow a
26		ll requirements of the program. ; (
27		j) The Department of Corrections or the sheriff may t
28		erminate the program at any time by mutual agreement or with 3
29		0 days prior written notice by either the Department of C
30		orrections or the sheriff. (
31		k) The Department of Corrections may enter into a joint c
32		ontract with a county with more than 3,000,000 inhabitants to e
33		stablish and operate a pilot residential and treatment program f
34		or women. (
35		l) The Director of the Department of Corrections shall h
36		ave the authority to develop rules to establish and operate a p

1		ilot residential and treatment program for women that shall i
2		nclude criteria for selection of the participants of the p
3		rogram in conjunction and approval by the sentencing court. V
4		iolent crime offenders are not eligible to participate in the p
5		rogram. (
6		m) The Department shall report to the Governor and the G
7		eneral Assembly before September 30th of each year on the p
8		ilot residential and treatment program for women, including t
9		he composition of the program by offenders, sentence, age, o
10		ffense, and race. (
11		n) The Department of Corrections or the sheriff may t
12		erminate the program with 30 days prior written notice. (
13		o) A county with more than 3,000,000 inhabitants is a
14		uthorized to apply for funding from federal, local or private e
15		ntities to create a Residential and Treatment Program for W
16		omen. This sentencing option may not go into effect until the f
17		unding is secured for the program and the program has been e
18		stablished. (
19		Source: P.A. 92-806, eff. 1-1-03; revised 1-20-03.) (
20		730 ILCS 5/5-9-1.12) S
21		ec. 5-9-1.12. Arson fines. (
22		a) In addition to any other penalty imposed, a fine of $
23		500 shall be imposed upon a person convicted of the offense of a
24		rson, residential arson, or aggravated arson. (
25		b) The additional fine shall be assessed by the court i
26		mposing sentence and shall be collected by the Circuit Clerk i
27		n addition to the fine, if any, and costs in the case. Each s
28		uch additional fine shall be remitted by the Circuit Clerk w
29		ithin one month after receipt to the State Treasurer for d
30		eposit into the Fire Prevention Fund. The Circuit Clerk shall r
31		etain 10% of such fine to cover the costs incurred in a
32		dministering and enforcing this Section. The additional fine m
33		ay not be considered a part of the fine for purposes of any r
34		eduction in the fine for time served either before or after s
35		entencing. (

1		c) The moneys in the Fire Prevention Fund collected as a
2		dditional fines under this Section shall be distributed by the O
3		ffice of the State Fire Marshal to the fire department or fire p
4		rotection district that suppressed or investigated the fire t
5		hat was set by the defendant and for which the defendant was c
6		onvicted of arson, residential arson, or aggravated arson. If m
7		ore than one fire department or fire protection district s
8		uppressed or investigated the fire, the additional fine shall b
9		e distributed equally among those departments or districts. (
10		d) The moneys distributed to the fire departments or fire p
11		rotection districts under this Section may only be used to p
12		urchase fire suppression or fire investigation equipment. (
13		Source: P.A. 93-169, eff. 7-10-03.) (
14		730 ILCS 5/5-9-1.13) S
15		ec. 5-9-1.13 5-9-1.12. Applications for transfer to other s
16		tates. A person subject to conditions of probation, parole, o
17		r mandatory supervised release who seeks to transfer to a
18		nother state subject to the Interstate Compact for Adult O
19		ffender Supervision must make provisions for the payment of a
20		ny restitution awarded by the circuit court and pay a fee of $
21		125 to the proper administrative or judicial authorities b
22		efore being granted the transfer, or otherwise arrange for p
23		ayment. The fee payment from persons subject to a sentence of p
24		robation shall be deposited into the general fund of the c
25		ounty in which the circuit has jurisdiction. The fee payment f
26		rom persons subject to parole or mandatory supervised release s
27		hall be deposited into the General Revenue Fund. The proceeds o
28		f this fee shall be used to defray the costs of the Department o
29		f Corrections or county sheriff departments, respectively, w
30		ho will be required to retrieve offenders that violate the t
31		erms of their transfers to other states. Upon return to the S
32		tate of Illinois, these persons shall also be subject to r
33		eimbursing either the State of Illinois or the county for the a
34		ctual costs of returning them to Illinois. (
35		Source: P.A. 93-475, eff. 8-8-03; revised 9-26-03.)

1		ection 500. The Probation and Probation Officers Act is a
2		mended by changing Section 15 as follows: (
3		730 ILCS 110/15) (from Ch. 38, par. 204-7) S
4		ec. 15. (1) The Supreme Court of Illinois may establish a D
5		ivision of Probation Services whose purpose shall be the d
6		evelopment, establishment, promulgation, and enforcement of u
7		niform standards for probation services in this State, and to o
8		therwise carry out the intent of this Act. The Division may: (a) establish qualifications for chief probation o
10		fficers and other probation and court services personnel a
11		s to hiring, promotion, and training. (b) make available, on a timely basis, lists of those a
13		pplicants whose qualifications meet the regulations r
14		eferred to herein, including on said lists all candidates f
15		ound qualified. (c) establish a means of verifying the conditions for r
17		eimbursement under this Act and develop criteria for a
18		pproved costs for reimbursement. (d) develop standards and approve employee c
20		ompensation schedules for probation and court services d
21		epartments. (e) employ sufficient personnel in the Division to c
23		arry out the functions of the Division. (f) establish a system of training and establish s
25		tandards for personnel orientation and training. (g) develop standards for a system of record keeping f
27		or cases and programs, gather statistics, establish a s
28		ystem of uniform forms, and develop research for planning o
29		f Probation Services. (h) develop standards to assure adequate support p
31		ersonnel, office space, equipment and supplies, travel e
32		xpenses, and other essential items necessary for P
33		robation and Court Services Departments to carry out their d
34		uties. (i) review and approve annual plans submitted by P
2		robation and Court Services Departments. (j) monitor and evaluate all programs operated by P
4		robation and Court Services Departments, and may include i
5		n the program evaluation criteria such factors as the p
6		ercentage of Probation sentences for felons convicted of P
7		robationable offenses. (k) seek the cooperation of local and State government a
9		nd private agencies to improve the quality of probation a
10		nd court services. (l) where appropriate, establish programs and c
12		orresponding standards designed to generally improve the q
13		uality of probation and court services and reduce the rate o
14		f adult or juvenile offenders committed to the Department o
15		f Corrections. (m) establish such other standards and regulations and d
17		o all acts necessary to carry out the intent and purposes o
18		f this Act. T
19		he Division shall establish a model list of structured i
20		ntermediate sanctions that may be imposed by a probation a
21		gency for violations of terms and conditions of a sentence of p
22		robation, conditional discharge, or supervision. T
23		he State of Illinois shall provide for the costs of p
24		ersonnel, travel, equipment, telecommunications, postage, c
25		ommodities, printing, space, contractual services and other r
26		elated costs necessary to carry out the intent of this Act. (
27		2) (a) The chief judge of each circuit shall provide f
28		ull-time probation services for all counties within the c
29		ircuit, in a manner consistent with the annual probation plan, t
30		he standards, policies, and regulations established by the S
31		upreme Court. A probation district of two or more counties w
32		ithin a circuit may be created for the purposes of providing f
33		ull-time probation services. Every county or group of counties w
34		ithin a circuit shall maintain a probation department which s
35		hall be under the authority of the Chief Judge of the circuit o
36		r some other judge designated by the Chief Judge. The Chief J

1		udge, through the Probation and Court Services Department s
2		hall submit annual plans to the Division for probation and r
3		elated services. (
4		b) The Chief Judge of each circuit shall appoint the Chief P
5		robation Officer and all other probation officers for his or h
6		er circuit from lists of qualified applicants supplied by the S
7		upreme Court. Candidates for chief managing officer and other p
8		robation officer positions must apply with both the Chief J
9		udge of the circuit and the Supreme Court. (
10		3) A Probation and Court Service Department shall apply to t
11		he Supreme Court for funds for basic services, and may apply f
12		or funds for new and expanded programs or Individualized S
13		ervices and Programs. Costs shall be reimbursed monthly based o
14		n a plan and budget approved by the Supreme Court. No D
15		epartment may be reimbursed for costs which exceed or are not p
16		rovided for in the approved annual plan and budget. After the e
17		ffective date of this amendatory Act of 1985, each county must p
18		rovide basic services in accordance with the annual plan and s
19		tandards created by the division. No department may receive f
20		unds for new or expanded programs or individualized services a
21		nd programs unless they are in compliance with standards as e
22		numerated in paragraph (h) of subsection (1) of this Section, t
23		he annual plan, and standards for basic services. (
24		4) The Division shall reimburse the county or counties for p
25		robation services as follows: (a) 100% of the salary of all chief managing officers d
27		esignated as such by the Chief Judge and the division. (b) 100% of the salary for all probation officer and s
29		upervisor positions approved for reimbursement by the d
30		ivision after April 1, 1984, to meet workload standards a
31		nd to implement intensive sanction and probation s
32		upervision programs and other basic services as defined in t
33		his Act. (c) 100% of the salary for all secure detention p
35		ersonnel and non-secure group home personnel approved for r
36		eimbursement after December 1, 1990. For all such p

1		ositions approved for reimbursement before December 1, 1
2		990, the counties shall be reimbursed $1,250 per month b
3		eginning July 1, 1995, and an additional $250 per month b
4		eginning each July 1st thereafter until the positions r
5		eceive 100% salary reimbursement. Allocation of such p
6		ositions will be based on comparative need considering c
7		apacity, staff/resident ratio, physical plant and p
8		rogram. (d) $1,000 per month for salaries for the remaining p
10		robation officer positions engaged in basic services and n
11		ew or expanded services. All such positions shall be a
12		pproved by the division in accordance with this Act and d
13		ivision standards. (e) 100% of the travel expenses in accordance with D
15		ivision standards for all Probation positions approved u
16		nder paragraph (b) of subsection 4 of this Section. (f) If the amount of funds reimbursed to the county u
18		nder paragraphs (a) through (e) of subsection 4 of this S
19		ection on an annual basis is less than the amount the c
20		ounty had received during the 12 month period immediately p
21		rior to the effective date of this amendatory Act of 1985, t
22		hen the Division shall reimburse the amount of the d
23		ifference to the county. The effect of paragraph (b) of s
24		ubsection 7 of this Section shall be considered in i
25		mplementing this supplemental reimbursement provision. (
26		5) The Division shall provide funds beginning on April 1, 1
27		987 for the counties to provide Individualized Services and P
28		rograms as provided in Section 16 of this Act. (
29		6) A Probation and Court Services Department in order to b
30		e eligible for the reimbursement must submit to the Supreme C
31		ourt an application containing such information and in such a f
32		orm and by such dates as the Supreme Court may require. D
33		epartments to be eligible for funding must satisfy the f
34		ollowing conditions: (a) The Department shall have on file with the Supreme C
36		ourt an annual Probation plan for continuing, improved, a

1		nd new Probation and Court Services Programs approved by t
2		he Supreme Court or its designee. This plan shall indicate t
3		he manner in which Probation and Court Services will be d
4		elivered and improved, consistent with the minimum s
5		tandards and regulations for Probation and Court S
6		ervices, as established by the Supreme Court. In counties w
7		ith more than one Probation and Court Services Department e
8		ligible to receive funds, all Departments within that c
9		ounty must submit plans which are approved by the Supreme C
10		ourt. (b) The annual probation plan shall seek to generally i
12		mprove the quality of probation services and to reduce the c
13		ommitment of adult and juvenile offenders to the D
14		epartment of Corrections and shall require, when a
15		ppropriate, coordination with the Department of C
16		orrections and the Department of Children and Family S
17		ervices in the development and use of community resources, i
18		nformation systems, case review and permanency planning s
19		ystems to avoid the duplication of services. (c) The Department shall be in compliance with s
21		tandards developed by the Supreme Court for basic, new and e
22		xpanded services, training, personnel hiring and p
23		romotion. (d) The Department shall in its annual plan indicate t
25		he manner in which it will support the rights of crime v
26		ictims and in which manner it will implement Article I, S
27		ection 8.1 of the Illinois Constitution and in what manner i
28		t will coordinate crime victims' support services with o
29		ther criminal justice agencies within its jurisdiction, i
30		ncluding but not limited to, the State's Attorney, the S
31		heriff and any municipal police department. (
32		7) No statement shall be verified by the Supreme Court or i
33		ts designee or vouchered by the Comptroller unless each of the f
34		ollowing conditions have been met: (a) The probation officer is a full-time employee a
36		ppointed by the Chief Judge to provide probation services. (b) The probation officer, in order to be eligible for S
2		tate reimbursement, is receiving a salary of at least $
3		17,000 per year. (c) The probation officer is appointed or was r
5		eappointed in accordance with minimum qualifications or c
6		riteria established by the Supreme Court; however, all p
7		robation officers appointed prior to January 1, 1978, s
8		hall be exempted from the minimum requirements e
9		stablished by the Supreme Court. Payments shall be made to c
10		ounties employing these exempted probation officers as l
11		ong as they are employed in the position held on the e
12		ffective date of this amendatory Act of 1985. Promotions s
13		hall be governed by minimum qualifications established by t
14		he Supreme Court. (d) The Department has an established compensation s
16		chedule approved by the Supreme Court. The compensation s
17		chedule shall include salary ranges with necessary i
18		ncrements to compensate each employee. The increments s
19		hall, within the salary ranges, be based on such factors a
20		s bona fide occupational qualifications, performance, and l
21		ength of service. Each position in the Department shall be p
22		laced on the compensation schedule according to job duties a
23		nd responsibilities of such position. The policy and p
24		rocedures of the compensation schedule shall be made a
25		vailable to each employee. (
26		8) In order to obtain full reimbursement of all approved c
27		osts, each Department must continue to employ at least the s
28		ame number of probation officers and probation managers as w
29		ere authorized for employment for the fiscal year which i
30		ncludes January 1, 1985. This number shall be designated as t
31		he base amount of the Department. No positions approved by the D
32		ivision under paragraph (b) of subsection 4 will be included i
33		n the base amount. In the event that the Department employs f
34		ewer Probation officers and Probation managers than the base a
35		mount for a period of 90 days, funding received by the D
36		epartment under subsection 4 of this Section may be reduced on a

1		monthly basis by the amount of the current salaries of any p
2		ositions below the base amount. (
3		9) Before the 15th day of each month, the treasurer of any c
4		ounty which has a Probation and Court Services Department, or t
5		he treasurer of the most populous county, in the case of a P
6		robation or Court Services Department funded by more than one c
7		ounty, shall submit an itemized statement of all approved c
8		osts incurred in the delivery of Basic Probation and Court S
9		ervices under this Act to the Supreme Court. The treasurer may a
10		lso submit an itemized statement of all approved costs i
11		ncurred in the delivery of new and expanded Probation and C
12		ourt Services as well as Individualized Services and Programs. T
13		he Supreme Court or its designee shall verify compliance with t
14		his Section and shall examine and audit the monthly statement a
15		nd, upon finding them to be correct, shall forward them to the C
16		omptroller for payment to the county treasurer. In the case of p
17		ayment to a treasurer of a county which is the most populous o
18		f counties sharing the salary and expenses of a Probation and C
19		ourt Services Department, the treasurer shall divide the money b
20		etween the counties in a manner that reflects each county's s
21		hare of the cost incurred by the Department. (
22		10) The county treasurer must certify that funds received u
23		nder this Section shall be used solely to maintain and improve P
24		robation and Court Services. The county or circuit shall r
25		emain in compliance with all standards, policies and r
26		egulations established by the Supreme Court. If at any time t
27		he Supreme Court determines that a county or circuit is not in c
28		ompliance, the Supreme Court shall immediately notify the C
29		hief Judge, county board chairman and the Director of Court S
30		ervices Chief Probation Officer. If after 90 days of written n
31		otice the noncompliance still exists, the Supreme Court shall b
32		e required to reduce the amount of monthly reimbursement by 1
33		0%. An additional 10% reduction of monthly reimbursement shall o
34		ccur for each consecutive month of noncompliance. Except as p
35		rovided in subsection 5 of Section 15, funding to counties s
36		hall commence on April 1, 1986. Funds received under this Act s

1		hall be used to provide for Probation Department expenses i
2		ncluding those required under Section 13 of this Act. For S
3		tate fiscal year 2004 only, the Mandatory Arbitration Fund may b
4		e used to provide for Probation Department expenses, including t
5		hose required under Section 13 of this Act. (
6		11) The respective counties shall be responsible for c
7		apital and space costs, fringe benefits, clerical costs, e
8		quipment, telecommunications, postage, commodities and p
9		rinting. (
10		12) For purposes of this Act only, probation officers s
11		hall be considered peace officers. In the exercise of their o
12		fficial duties, probation officers, sheriffs, and police o
13		fficers may, anywhere within the State, arrest any probationer w
14		ho is in violation of any of the conditions of his or her p
15		robation, conditional discharge, or supervision, and it shall b
16		e the duty of the officer making the arrest to take the p
17		robationer before the Court having jurisdiction over the p
18		robationer for further order. (
19		Source: P.A. 93-25, eff. 6-20-03; 93-576, eff. 1-1-04; revised 9
20		-23-03.)

21		ection 505. The Code of Civil Procedure is amended by s
22		etting forth and renumbering multiple versions of Section 7
23		-103.102 as follows: (
24		735 ILCS 5/7-103.102) S
25		ec. 7-103.102. Quick-take; Lake County. Quick-take p
26		roceedings under Section 7-103 may be used for a period of 2 y
27		ears after the effective date of this amendatory Act of the 9
28		3rd General Assembly by Lake County for the acquisition of p
29		roperty necessary for the purpose of improving County Highway 3
30		1 (Rollins Road) from Illinois Route 83 to U.S. Route 45. (
31		Source: P.A. 93-646, eff. 12-31-03.) (
32		735 ILCS 5/7-103.111) S
33		ec. 7-103.111. 7-103.102. Quick-take; Village of P

1		alatine. Quick-take proceedings under Section 7-103 may be u
2		sed for a period of 60 months after the effective date of this a
3		mendatory Act of the 93rd General Assembly by the Village of P
4		alatine for the acquisition of property for the purposes of t
5		he Downtown Tax Increment Redevelopment Project Area, bounded g
6		enerally by Plum Grove Road on the East, Palatine Road on the S
7		outh, Cedar Street on the West, and Colfax Street on the N
8		orth, and the Rand Corridor Redevelopment Project Area, b
9		ounded generally by Dundee Road on the South, Lake-Cook Road o
10		n the North, and on the East and West by Rand Road, in the V
11		illage of Palatine more specifically described in the f
12		ollowing ordinances adopted by the Village of Palatine: Village ordinance 0-224-99, adopted December 13, 1999; Village ordinance 0-225-99, adopted December 13, 1999; Village ordinance 0-226-99, adopted December 13, 1999; Village ordinance 0-13-00, adopted January 24, 2000, c
17		orrecting certain scrivener's errors and attached as e
18		xhibit A to the foregoing legal descriptions; Village ordinance 0-23-03, adopted January 27, 2003; Village ordinance 0-24-03, adopted January 27, 2003; a
21		nd Village ordinance 0-25-03, adopted January 27, 2003. (
23		Source: P.A. 93-602, eff. 11-18-03; revised 1-13-04.) (
24		735 ILCS 5/7-103.112) S
25		ec. 7-103.112. 7-103.102. Quick-take; Bi-State D
26		evelopment Agency; MetroLink Light Rail System. Quick-take p
27		roceedings under Section 7-103 may be used for a period from S
28		eptember 1, 2003 through September 1, 2004 by the Bi-State D
29		evelopment Agency of the Missouri-Illinois Metropolitan D
30		istrict for station area development, transit oriented d
31		evelopment and economic development initiatives in support of t
32		he MetroLink Light Rail System, beginning in East St. Louis, I
33		llinois, and terminating at MidAmerica Airport, St. Clair C
34		ounty, Illinois. (
35		Source: P.A. 93-603, eff. 11-19-03; revised 1-13-04.)

1		ection 510. The State Lawsuit Immunity Act is amended by c
2		hanging Section 1 as follows: (
3		745 ILCS 5/1) (from Ch. 127, par. 801) S
4		ec. 1. Except as provided in the Illinois Public Labor R
5		elations Act, the Court of Claims Act, and the State Officials a
6		nd Employees Ethics Act, and or Section 1.5 of this Act, the S
7		tate of Illinois shall not be made a defendant or party in any c
8		ourt. (
9		Source: P.A. 93-414, eff. 1-1-04; 93-615, eff. 11-19-03; r
10		evised 12-19-03.)

11		ection 515. The Non-Support Punishment Act is amended by c
12		hanging Section 20 as follows: (
13		750 ILCS 16/20) S
14		ec. 20. Entry of order for support; income withholding. (
15		a) In a case in which no court or administrative order for s
16		upport is in effect against the defendant: (1) at any time before the trial, upon motion of the S
18		tate's Attorney, or of the Attorney General if the action h
19		as been instituted by his office, and upon notice to the d
20		efendant, or at the time of arraignment or as a condition o
21		f postponement of arraignment, the court may enter such t
22		emporary order for support as may seem just, providing for t
23		he support or maintenance of the spouse or child or c
24		hildren of the defendant, or both, pendente lite; or (2) before trial with the consent of the defendant, or a
26		t the trial on entry of a plea of guilty, or after c
27		onviction, instead of imposing the penalty provided in t
28		his Act, or in addition thereto, the court may enter an o
29		rder for support, subject to modification by the court f
30		rom time to time as circumstances may require, directing t
31		he defendant to pay a certain sum for maintenance of the s
32		pouse, or for support of the child or children, or both. (

1		b) The court shall determine the amount of child support b
2		y using the guidelines and standards set forth in subsection (
3		a) of Section 505 and in Section 505.2 of the Illinois M
4		arriage and Dissolution of Marriage Act. I
5		f (i) the non-custodial parent was properly served with a r
6		equest for discovery of financial information relating to the n
7		on-custodial parent's ability to provide child support, (ii) t
8		he non-custodial parent failed to comply with the request, d
9		espite having been ordered to do so by the court, and (iii) t
10		he non-custodial parent is not present at the hearing to d
11		etermine support despite having received proper notice, then a
12		ny relevant financial information concerning the n
13		on-custodial parent's ability to provide support that was o
14		btained pursuant to subpoena and proper notice shall be a
15		dmitted into evidence without the need to establish any f
16		urther foundation for its admission. (
17		c) The court shall determine the amount of maintenance u
18		sing the standards set forth in Section 504 of the Illinois M
19		arriage and Dissolution of Marriage Act. (
20		d) The court may, for violation of any order under this S
21		ection, punish the offender as for a contempt of court, but no p
22		endente lite order shall remain in effect longer than 4 m
23		onths, or after the discharge of any panel of jurors summoned f
24		or service thereafter in such court, whichever is sooner. (
25		e) Any order for support entered by the court under this S
26		ection shall be deemed to be a series of judgments against the p
27		erson obligated to pay support under the judgments, each such j
28		udgment to be in the amount of each payment or installment of s
29		upport and each judgment to be deemed entered as of the date t
30		he corresponding payment or installment becomes due under the t
31		erms of the support order. Each judgment shall have the full f
32		orce, effect, and attributes of any other judgment of this S
33		tate, including the ability to be enforced. Each judgment is s
34		ubject to modification or termination only in accordance with S
35		ection 510 of the Illinois Marriage and Dissolution of M
36		arriage Act. A lien arises by operation of law against the r

1		eal and personal property of the noncustodial parent for each i
2		nstallment of overdue support owed by the noncustodial parent. (
3		f) An order for support entered under this Section shall i
4		nclude a provision requiring the obligor to report to the o
5		bligee and to the clerk of the court within 10 days each time t
6		he obligor obtains new employment, and each time the obligor's e
7		mployment is terminated for any reason. The report shall be in w
8		riting and shall, in the case of new employment, include the n
9		ame and address of the new employer. F
10		ailure to report new employment or the termination of c
11		urrent employment, if coupled with nonpayment of support for a p
12		eriod in excess of 60 days, is indirect criminal contempt. For a
13		ny obligor arrested for failure to report new employment, bond s
14		hall be set in the amount of the child support that should h
15		ave been paid during the period of unreported employment. A
16		n order for support entered under this Section shall also i
17		nclude a provision requiring the obligor and obligee parents t
18		o advise each other of a change in residence within 5 days of t
19		he change except when the court finds that the physical, m
20		ental, or emotional health of a party or of a minor child, or b
21		oth, would be seriously endangered by disclosure of the p
22		arty's address. (
23		g) An order for support entered or modified in a case in w
24		hich a party is receiving child support enforcement services u
25		nder Article X of the Illinois Public Aid Code shall include a p
26		rovision requiring the noncustodial parent to notify the I
27		llinois Department of Public Aid, within 7 days, of the name a
28		nd address of any new employer of the noncustodial parent, w
29		hether the noncustodial parent has access to health insurance c
30		overage through the employer or other group coverage and, if s
31		o, the policy name and number and the names of persons covered u
32		nder the policy. (
33		h) In any subsequent action to enforce an order for s
34		upport entered under this Act, upon sufficient showing that d
35		iligent effort has been made to ascertain the location of the n
36		oncustodial parent, service of process or provision of notice n

1		ecessary in that action may be made at the last known address o
2		f the noncustodial parent, in any manner expressly provided by t
3		he Code of Civil Procedure or in this Act, which service shall b
4		e sufficient for purposes of due process. (
5		i) An order for support shall include a date on which the c
6		urrent support obligation terminates. The termination date s
7		hall be no earlier than the date on which the child covered by t
8		he order will attain the age of 18. However, if the child will n
9		ot graduate from high school until after attaining the age of 1
10		8, then the termination date shall be no earlier than the e
11		arlier of the date on which the child's high school graduation w
12		ill occur or the date on which the child will attain the age o
13		f 19. The order for support shall state that the termination d
14		ate does not apply to any arrearage that may remain unpaid on t
15		hat date. Nothing in this subsection shall be construed to p
16		revent the court from modifying the order or terminating the o
17		rder in the event the child is otherwise emancipated. (
18		j) A support obligation, or any portion of a support o
19		bligation, which becomes due and remains unpaid for 30 days or m
20		ore shall accrue simple interest at the rate of 9% per annum. A
21		n order for support entered or modified on or after January 1, 2
22		002 shall contain a statement that a support obligation r
23		equired under the order, or any portion of a support o
24		bligation required under the order, that becomes due and r
25		emains unpaid for 30 days or more shall accrue simple interest a
26		t the rate of 9% per annum. Failure to include the statement i
27		n the order for support does not affect the validity of the o
28		rder or the accrual of interest as provided in this Section. (
29		Source: P.A. 92-374, eff. 8-15-01; 92-590, eff. 7-1-02; 9
30		2-876, eff. 6-1-03; revised 9-27-03.)

31		ection 520. The Illinois Parentage Act of 1984 is amended b
32		y changing Section 14 as follows: (
33		750 ILCS 45/14) (from Ch. 40, par. 2514) S
34		ec. 14. Judgment. (

1		a) (1) The judgment shall contain or explicitly reserve p
2		rovisions concerning any duty and amount of child support and m
3		ay contain provisions concerning the custody and guardianship o
4		f the child, visitation privileges with the child, the f
5		urnishing of bond or other security for the payment of the j
6		udgment, which the court shall determine in accordance with t
7		he relevant factors set forth in the Illinois Marriage and D
8		issolution of Marriage Act and any other applicable law of I
9		llinois, to guide the court in a finding in the best interests o
10		f the child. In determining custody, joint custody, removal, o
11		r visitation, the court shall apply the relevant standards of t
12		he Illinois Marriage and Dissolution of Marriage Act, i
13		ncluding Section 609. Specifically, in determining the amount o
14		f any child support award, the court shall use the guidelines a
15		nd standards set forth in subsection (a) of Section 505 and in S
16		ection 505.2 of the Illinois Marriage and Dissolution of M
17		arriage Act. For purposes of Section 505 of the Illinois M
18		arriage and Dissolution of Marriage Act, "net income" of the n
19		on-custodial parent shall include any benefits available to t
20		hat person under the Illinois Public Aid Code or from other f
21		ederal, State or local government-funded programs. The court s
22		hall, in any event and regardless of the amount of the n
23		on-custodial parent's net income, in its judgment order the n
24		on-custodial parent to pay child support to the custodial p
25		arent in a minimum amount of not less than $10 per month. In a
26		n action brought within 2 years after a child's birth, the j
27		udgment or order may direct either parent to pay the r
28		easonable expenses incurred by either parent related to the m
29		other's pregnancy and the delivery of the child. The judgment o
30		r order shall contain the father's social security number, w
31		hich the father shall disclose to the court; however, failure t
32		o include the father's social security number on the judgment o
33		r order does not invalidate the judgment or order. (
34		2) If a judgment of parentage contains no explicit award o
35		f custody, the establishment of a support obligation or of v
36		isitation rights in one parent shall be considered a judgment g

1		ranting custody to the other parent. If the parentage judgment c
2		ontains no such provisions, custody shall be presumed to be w
3		ith the mother; however, the presumption shall not apply if t
4		he father has had physical custody for at least 6 months prior t
5		o the date that the mother seeks to enforce custodial rights. (
6		b) The court shall order all child support payments, d
7		etermined in accordance with such guidelines, to commence with t
8		he date summons is served. The level of current periodic s
9		upport payments shall not be reduced because of payments set f
10		or the period prior to the date of entry of the support order. T
11		he Court may order any child support payments to be made for a p
12		eriod prior to the commencement of the action. In determining w
13		hether and the extent to which the payments shall be made for a
14		ny prior period, the court shall consider all relevant facts, i
15		ncluding the factors for determining the amount of support s
16		pecified in the Illinois Marriage and Dissolution of Marriage A
17		ct and other equitable factors including but not limited to: (1) The father's prior knowledge of the fact and c
19		ircumstances of the child's birth. (2) The father's prior willingness or refusal to help r
21		aise or support the child. (3) The extent to which the mother or the public agency b
23		ringing the action previously informed the father of the c
24		hild's needs or attempted to seek or require his help in r
25		aising or supporting the child. (4) The reasons the mother or the public agency did not f
27		ile the action earlier. (5) The extent to which the father would be prejudiced b
29		y the delay in bringing the action. F
30		or purposes of determining the amount of child support to b
31		e paid for any period before the date the order for current c
32		hild support is entered, there is a rebuttable presumption t
33		hat the father's net income for the prior period was the same a
34		s his net income at the time the order for current child s
35		upport is entered. I
36		f (i) the non-custodial parent was properly served with a r

1		equest for discovery of financial information relating to the n
2		on-custodial parent's ability to provide child support, (ii) t
3		he non-custodial parent failed to comply with the request, d
4		espite having been ordered to do so by the court, and (iii) t
5		he non-custodial parent is not present at the hearing to d
6		etermine support despite having received proper notice, then a
7		ny relevant financial information concerning the n
8		on-custodial parent's ability to provide child support that w
9		as obtained pursuant to subpoena and proper notice shall be a
10		dmitted into evidence without the need to establish any f
11		urther foundation for its admission. (
12		c) Any new or existing support order entered by the court u
13		nder this Section shall be deemed to be a series of judgments a
14		gainst the person obligated to pay support thereunder, each j
15		udgment to be in the amount of each payment or installment of s
16		upport and each such judgment to be deemed entered as of the d
17		ate the corresponding payment or installment becomes due under t
18		he terms of the support order. Each judgment shall have the f
19		ull force, effect and attributes of any other judgment of this S
20		tate, including the ability to be enforced. A lien arises by o
21		peration of law against the real and personal property of the n
22		oncustodial parent for each installment of overdue support o
23		wed by the noncustodial parent. (
24		d) If the judgment or order of the court is at variance w
25		ith the child's birth certificate, the court shall order that a
26		new birth certificate be issued under the Vital Records Act. (
27		e) On request of the mother and the father, the court s
28		hall order a change in the child's name. After hearing e
29		vidence the court may stay payment of support during the p
30		eriod of the father's minority or period of disability. (
31		f) If, upon a showing of proper service, the father fails t
32		o appear in court, or otherwise appear as provided by law, the c
33		ourt may proceed to hear the cause upon testimony of the m
34		other or other parties taken in open court and shall enter a j
35		udgment by default. The court may reserve any order as to the a
36		mount of child support until the father has received notice, b

1		y regular mail, of a hearing on the matter. (
2		g) A one-time charge of 20% is imposable upon the amount o
3		f past-due child support owed on July 1, 1988 which has a
4		ccrued under a support order entered by the court. The charge s
5		hall be imposed in accordance with the provisions of Section 1
6		0-21 of the Illinois Public Aid Code and shall be enforced by t
7		he court upon petition. (
8		h) All orders for support, when entered or modified, shall i
9		nclude a provision requiring the non-custodial parent to n
10		otify the court and, in cases in which party is receiving c
11		hild support enforcement services under Article X of the I
12		llinois Public Aid Code, the Illinois Department of Public A
13		id, within 7 days, (i) of the name and address of any new e
14		mployer of the non-custodial parent, (ii) whether the n
15		on-custodial parent has access to health insurance coverage t
16		hrough the employer or other group coverage and, if so, the p
17		olicy name and number and the names of persons covered under t
18		he policy, and (iii) of any new residential or mailing address o
19		r telephone number of the non-custodial parent. In any s
20		ubsequent action to enforce a support order, upon a sufficient s
21		howing that a diligent effort has been made to ascertain the l
22		ocation of the non-custodial parent, service of process or p
23		rovision of notice necessary in the case may be made at the l
24		ast known address of the non-custodial parent in any manner e
25		xpressly provided by the Code of Civil Procedure or this Act, w
26		hich service shall be sufficient for purposes of due process. (
27		i) An order for support shall include a date on which the c
28		urrent support obligation terminates. The termination date s
29		hall be no earlier than the date on which the child covered by t
30		he order will attain the age of 18. However, if the child will n
31		ot graduate from high school until after attaining the age of 1
32		8, then the termination date shall be no earlier than the e
33		arlier of the date on which the child's high school graduation w
34		ill occur or the date on which the child will attain the age o
35		f 19. The order for support shall state that the termination d
36		ate does not apply to any arrearage that may remain unpaid on t

1		hat date. Nothing in this subsection shall be construed to p
2		revent the court from modifying the order or terminating the o
3		rder in the event the child is otherwise emancipated. (
4		j) An order entered under this Section shall include a p
5		rovision requiring the obligor to report to the obligee and to t
6		he clerk of court within 10 days each time the obligor obtains n
7		ew employment, and each time the obligor's employment is t
8		erminated for any reason. The report shall be in writing and s
9		hall, in the case of new employment, include the name and a
10		ddress of the new employer. Failure to report new employment o
11		r the termination of current employment, if coupled with n
12		onpayment of support for a period in excess of 60 days, is i
13		ndirect criminal contempt. For any obligor arrested for f
14		ailure to report new employment bond shall be set in the a
15		mount of the child support that should have been paid during t
16		he period of unreported employment. An order entered under t
17		his Section shall also include a provision requiring the o
18		bligor and obligee parents to advise each other of a change in r
19		esidence within 5 days of the change except when the court f
20		inds that the physical, mental, or emotional health of a party o
21		r that of a minor child, or both, would be seriously e
22		ndangered by disclosure of the party's address. (
23		Source: P.A. 92-590, eff. 7-1-02; 92-876, eff. 6-1-03; 93-139, e
24		ff. 7-10-03; revised 9-15-03.)

25		ection 525. The Illinois Domestic Violence Act of 1986 is a
26		mended by changing Sections 219, 224, and 302 as follows: (
27		750 ILCS 60/219) (from Ch. 40, par. 2312-19) S
28		ec. 219. Plenary order of protection. A plenary order of p
29		rotection shall issue if petitioner has served notice of the h
30		earing for that order on respondent, in accordance with S
31		ection 211, and satisfies the requirements of this Section for o
32		ne or more of the requested remedies. For each remedy r
33		equested, petitioner must establish that: (
34		1) the court has jurisdiction under Section 208; (

1		2) the requirements of Section 214 are satisfied; and (
2		3) a general appearance was made or filed by or for r
3		espondent or process was served on respondent in the manner r
4		equired by Section 210; and (
5		4) respondent has answered or is in default. (
6		Source: P.A. 84-1305; revised 2-25-02.) (
7		750 ILCS 60/224) (from Ch. 40, par. 2312-24) S
8		ec. 224. Modification and re-opening of orders. (
9		a) Except as otherwise provided in this Section, upon m
10		otion by petitioner, the court may modify an emergency, i
11		nterim, or plenary order of protection: (1) If respondent has abused petitioner since the h
13		earing for that order, by adding or altering one or more r
14		emedies, as authorized by Section 214; and (2) Otherwise, by adding any remedy authorized by S
16		ection 214 which was: (i) reserved in that order of protection; (ii) not requested for inclusion in that order of p
19		rotection; or (iii) denied on procedural grounds, but not on the m
21		erits. (
22		b) Upon motion by petitioner or respondent, the court may m
23		odify any prior order of protection's remedy for custody, v
24		isitation or payment of support in accordance with the r
25		elevant provisions of the Illinois Marriage and Dissolution of M
26		arriage Act. Each order of protection shall be entered in the L
27		aw Enforcement Agencies Automated Data System on the same day i
28		t is issued by the court. (
29		c) After 30 days following entry of a plenary order of p
30		rotection, a court may modify that order only when changes in t
31		he applicable law or facts since that plenary order was e
32		ntered warrant a modification of its terms. (
33		d) Upon 2 days' notice to petitioner, in accordance with S
34		ection 211 of this Act, or such shorter notice as the court m
35		ay prescribe, a respondent subject to an emergency or interim o

1		rder of protection issued under this Act may appear and p
2		etition the court to re-hear the original or amended petition. A
3		ny petition to re-hear shall be verified and shall allege the f
4		ollowing: (1) that respondent did not receive prior notice of the i
6		nitial hearing in which the emergency, interim, or plenary o
7		rder was entered under Sections 211 and 217; and (2) that respondent had a meritorious defense to the o
9		rder or any of its remedies or that the order or any of i
10		ts remedies was not authorized by this Act. (
11		e) In the event that the emergency or interim order g
12		ranted petitioner exclusive possession and the petition of r
13		espondent seeks to re-open or vacate that grant, the court s
14		hall set a date for hearing within 14 days on all issues r
15		elating to exclusive possession. Under no circumstances shall a
16		court continue a hearing concerning exclusive possession b
17		eyond the 14th day, except by agreement of the parties. Other i
18		ssues raised by the pleadings may be consolidated for the h
19		earing if neither party nor the court objects. (
20		f) This Section does not limit the means, otherwise a
21		vailable by law, for vacating or modifying orders of p
22		rotection. (
23		Source: P.A. 87-1186; revised 2-17-03.) (
24		750 ILCS 60/302) (from Ch. 40, par. 2313-2) S
25		ec. 302. Data maintenance by law enforcement agencies. (
26		a) All sheriffs shall furnish to the Department of State P
27		olice, on the same day as received, in the form and detail the D
28		epartment requires, copies of any recorded emergency, i
29		nterim, or plenary orders of protection issued by the court, a
30		nd any foreign orders of protection filed by the clerk of the c
31		ourt, and transmitted to the sheriff by the clerk of the court p
32		ursuant to subsection (b) of Section 222 of this Act. Each o
33		rder of protection shall be entered in the Law Enforcement A
34		gencies Automated Data System on the same day it is issued by t
35		he court. If an emergency order of protection was issued in a

1		ccordance with subsection (c) of Section 217, the order shall b
2		e entered in the Law Enforcement Agencies Automated Data S
3		ystem as soon as possible after receipt from the clerk. (
4		b) The Department of State Police shall maintain a c
5		omplete and systematic record and index of all valid and r
6		ecorded orders of protection issued pursuant to this Act. The d
7		ata shall be used to inform all dispatchers and law e
8		nforcement officers at the scene of an alleged incident of a
9		buse, neglect, or exploitation or violation of an order of p
10		rotection of any recorded prior incident of abuse, neglect, or e
11		xploitation involving the abused, neglected, or exploited p
12		arty and the effective dates and terms of any recorded order o
13		f protection. (
14		c) The data, records and transmittals required under this S
15		ection shall pertain to any valid emergency, interim or p
16		lenary order of protection, whether issued in a civil or c
17		riminal proceeding or authorized under the laws of another s
18		tate, tribe, or United States territory. (
19		Source: P.A. 90-392, eff. 1-1-98; 91-903, eff. 1-1-01; revised 2
20		-17-03.)

21		ection 530. The Parental Notice of Abortion Act of 1995 is a
22		mended by changing Section 10 as follows: (
23		750 ILCS 70/10) S
24		ec. 10. Definitions. As used in this Act: "
25		Abortion" means the use of any instrument, medicine, drug, o
26		r any other substance or device to terminate the pregnancy of a
27		woman known to be pregnant with an intention other than to i
28		ncrease the probability of a live birth, to preserve the life o
29		r health of a child after live birth, or to remove a dead f
30		etus. "
31		Actual notice" means the giving of notice directly, in p
32		erson, or by telephone. "
33		Adult family member" means a person over 21 years of age w
34		ho is the parent, grandparent, step-parent living in the h

1		ousehold, or legal guardian. "
2		Constructive notice" means notice by certified mail to the l
3		ast known address of the person entitled to notice with d
4		elivery deemed to have occurred 48 hours after the certified n
5		otice is mailed. "
6		Incompetent" means any person who has been adjudged as m
7		entally ill or developmentally disabled and who, because of h
8		er mental illness or developmental disability, is not fully a
9		ble to manage her person and for whom a guardian of the person h
10		as been appointed under Section 11a-3(a)(1) of the Probate Act o
11		f 1975. "
12		Medical emergency" means a condition that, on the basis of t
13		he physician's good faith clinical judgment, so complicates t
14		he medical condition of a pregnant woman as to necessitate the i
15		mmediate abortion of her pregnancy to avert her death or for w
16		hich a delay will create serious risk of substantial and i
17		rreversible impairment of major bodily function. "
18		Minor" means any person under 18 years of age who is not o
19		r has not been married or who has not been emancipated under t
20		he Emancipation of Mature Minors Act. "
21		Neglect" means the failure of an adult family member to s
22		upply a child with necessary food, clothing, shelter, or m
23		edical care when reasonably able to do so or the failure to p
24		rotect a child from conditions or actions that imminently and s
25		eriously endanger the child's physical or mental health when r
26		easonably able to do so. "
27		Physical abuse" means any physical injury intentionally i
28		nflicted by an adult family member on a child. "
29		Physician" means any person licensed to practice medicine i
30		n all its branches under the Illinois Medical Practice Act of 1
31		987. "
32		Sexual abuse" means any sexual conduct or sexual p
33		enetration as defined in Section 12-12 of the Criminal Code of 1
34		961 that is prohibited by the criminal laws of the State of I
35		llinois and committed against a minor by an adult family m
36		ember as defined in this Act. (

1		Source: P.A. 89-18, eff. 6-1-95; revised 10-9-03.)

2		ection 535. The Probate Act of 1975 is amended by changing S
3		ection 11a-18 as follows: (
4		755 ILCS 5/11a-18) (from Ch. 110 1/2, par. 11a-18) S
5		ec. 11a-18. Duties of the estate guardian. (
6		a) To the extent specified in the order establishing the g
7		uardianship, the guardian of the estate shall have the care, m
8		anagement and investment of the estate, shall manage the e
9		state frugally and shall apply the income and principal of the e
10		state so far as necessary for the comfort and suitable support a
11		nd education of the ward, his minor and adult dependent c
12		hildren, and persons related by blood or marriage who are d
13		ependent upon or entitled to support from him, or for any o
14		ther purpose which the court deems to be for the best i
15		nterests of the ward, and the court may approve the making on b
16		ehalf of the ward of such agreements as the court determines t
17		o be for the ward's best interests. The guardian may make d
18		isbursement of his ward's funds and estate directly to the w
19		ard or other distributee or in such other manner and in such a
20		mounts as the court directs. If the estate of a ward is d
21		erived in whole or in part from payments of compensation, a
22		djusted compensation, pension, insurance or other similar b
23		enefits made directly to the estate by the Veterans A
24		dministration, notice of the application for leave to invest o
25		r expend the ward's funds or estate, together with a copy of t
26		he petition and proposed order, shall be given to the V
27		eterans' Administration Regional Office in this State at least 7
28		days before the hearing on the application. (
29		a-5) The probate court, upon petition of a guardian, other t
30		han the guardian of a minor, and after notice to all other p
31		ersons interested as the court directs, may authorize the g
32		uardian to exercise any or all powers over the estate and b
33		usiness affairs of the ward that the ward could exercise if p
34		resent and not under disability. The court may authorize the t

1		aking of an action or the application of funds not required f
2		or the ward's current and future maintenance and support in a
3		ny manner approved by the court as being in keeping with the w
4		ard's wishes so far as they can be ascertained. The court must c
5		onsider the permanence of the ward's disabling condition and t
6		he natural objects of the ward's bounty. In ascertaining and c
7		arrying out the ward's wishes the court may consider, but s
8		hall not be limited to, minimization of State or federal i
9		ncome, estate, or inheritance taxes; and providing gifts to c
10		harities, relatives, and friends that would be likely r
11		ecipients of donations from the ward. The ward's wishes as b
12		est they can be ascertained shall be carried out, whether or n
13		ot tax savings are involved. Actions or applications of funds m
14		ay include, but shall not be limited to, the following: (1) making gifts of income or principal, or both, of t
16		he estate, either outright or in trust; (2) conveying, releasing, or disclaiming his or her c
18		ontingent and expectant interests in property, including m
19		arital property rights and any right of survivorship i
20		ncident to joint tenancy or tenancy by the entirety; (3) releasing or disclaiming his or her powers as t
22		rustee, personal representative, custodian for minors, or g
23		uardian; (4) exercising, releasing, or disclaiming his or her p
25		owers as donee of a power of appointment; (5) entering into contracts; (6) creating for the benefit of the ward or others, r
28		evocable or irrevocable trusts of his or her property that m
29		ay extend beyond his or her disability or life; . (7) exercising options of the ward to purchase or e
31		xchange securities or other property; (8) exercising the rights of the ward to elect benefit o
33		r payment options, to terminate, to change beneficiaries o
34		r ownership, to assign rights, to borrow, or to receive c
35		ash value in return for a surrender of rights under any o
36		ne or more of the following: (i) life insurance policies, plans, or benefits, . (ii) annuity policies, plans, or benefits, . (iii) mutual fund and other dividend investment p
4		lans, . (iv) retirement, profit sharing, and employee w
6		elfare plans and benefits; (9) exercising his or her right to claim or disclaim an e
8		lective share in the estate of his or her deceased spouse a
9		nd to renounce any interest by testate or intestate s
10		uccession or by inter vivos transfer; (10) changing the ward's residence or domicile; or (11) modifying by means of codicil or trust amendment t
13		he terms of the ward's will or any revocable trust created b
14		y the ward, as the court may consider advisable in light o
15		f changes in applicable tax laws. T
16		he guardian in his or her petition shall briefly outline t
17		he action or application of funds for which he or she seeks a
18		pproval, the results expected to be accomplished thereby, and t
19		he tax savings, if any, expected to accrue. The proposed a
20		ction or application of funds may include gifts of the ward's p
21		ersonal property or real estate, but transfers of real estate s
22		hall be subject to the requirements of Section 20 of this Act. G
23		ifts may be for the benefit of prospective legatees, devisees, o
24		r heirs apparent of the ward or may be made to individuals or c
25		harities in which the ward is believed to have an interest. T
26		he guardian shall also indicate in the petition that any p
27		lanned disposition is consistent with the intentions of the w
28		ard insofar as they can be ascertained, and if the ward's i
29		ntentions cannot be ascertained, the ward will be presumed to f
30		avor reduction in the incidents of various forms of taxation a
31		nd the partial distribution of his or her estate as provided i
32		n this subsection. The guardian shall not, however, be r
33		equired to include as a beneficiary or fiduciary any person w
34		ho he has reason to believe would be excluded by the ward. A g
35		uardian shall be required to investigate and pursue a ward's e
36		ligibility for governmental benefits. (

1		b) Upon the direction of the court which issued his l
2		etters, a guardian may perform the contracts of his ward which w
3		ere legally subsisting at the time of the commencement of the w
4		ard's disability. The court may authorize the guardian to e
5		xecute and deliver any bill of sale, deed or other instrument. (
6		c) The guardian of the estate of a ward shall appear for a
7		nd represent the ward in all legal proceedings unless another p
8		erson is appointed for that purpose as guardian or next f
9		riend. This does not impair the power of any court to appoint a
10		guardian ad litem or next friend to defend the interests of t
11		he ward in that court, or to appoint or allow any person as t
12		he next friend of a ward to commence, prosecute or defend any p
13		roceeding in his behalf. Without impairing the power of the c
14		ourt in any respect, if the guardian of the estate of a ward a
15		nd another person as next friend shall appear for and r
16		epresent the ward in a legal proceeding in which the c
17		ompensation of the attorney or attorneys representing the g
18		uardian and next friend is solely determined under a c
19		ontingent fee arrangement, the guardian of the estate of the w
20		ard shall not participate in or have any duty to review the p
21		rosecution of the action, to participate in or review the a
22		ppropriateness of any settlement of the action, or to p
23		articipate in or review any determination of the a
24		ppropriateness of any fees awarded to the attorney or a
25		ttorneys employed in the prosecution of the action. (
26		d) Adjudication of disability shall not revoke or o
27		therwise terminate a trust which is revocable by the ward. A g
28		uardian of the estate shall have no authority to revoke a t
29		rust that is revocable by the ward, except that the court may a
30		uthorize a guardian to revoke a Totten trust or similar d
31		eposit or withdrawable capital account in trust to the extent n
32		ecessary to provide funds for the purposes specified in p
33		aragraph (a) of this Section. If the trustee of any trust for t
34		he benefit of the ward has discretionary power to apply income o
35		r principal for the ward's benefit, the trustee shall not be r
36		equired to distribute any of the income or principal to the g

1		uardian of the ward's estate, but the guardian may bring an a
2		ction on behalf of the ward to compel the trustee to exercise t
3		he trustee's discretion or to seek relief from an abuse of d
4		iscretion. This paragraph shall not limit the right of a g
5		uardian of the estate to receive accountings from the trustee o
6		n behalf of the ward. (
7		e) Absent court order pursuant to the "Illinois Power of A
8		ttorney Act" enacted by the 85th General Assembly directing a g
9		uardian to exercise powers of the principal under an agency t
10		hat survives disability, the guardian will have no power, duty o
11		r liability with respect to any property subject to the a
12		gency. This subsection (e) applies to all agencies, whenever a
13		nd wherever executed. (
14		f) Upon petition by any interested person (including the s
15		tandby or short-term guardian), with such notice to interested p
16		ersons as the court directs and a finding by the court that it i
17		s in the best interest of the disabled person, the court may t
18		erminate or limit the authority of a standby or short-term g
19		uardian or may enter such other orders as the court deems n
20		ecessary to provide for the best interest of the disabled p
21		erson. The petition for termination or limitation of the a
22		uthority of a standby or short-term guardian may, but need n
23		ot, be combined with a petition to have another guardian a
24		ppointed for the disabled person. (
25		Source: P.A. 89-672, eff. 8-14-96; 90-345, eff. 8-8-97; 9
26		0-796, eff. 12-15-98; revised 1-20-03.)

27		ection 540. The Illinois Living Will Act is amended by c
28		hanging Section 3 as follows: (
29		755 ILCS 35/3) (from Ch. 110 1/2, par. 703) S
30		ec. 3. Execution of a Document. (
31		a) An individual of sound mind and having reached the age o
32		f majority or having obtained the status of an emancipated p
33		erson pursuant to the "Emancipation of Mature Minors Act", as n
34		ow or hereafter amended, may execute a document directing that i

1		f he is suffering from a terminal condition, then death d
2		elaying procedures shall not be utilized for the prolongation o
3		f his life. (
4		b) The declaration must be signed by the declarant, or a
5		nother at the declarant's direction, and witnessed by 2 i
6		ndividuals 18 years of age or older. (
7		c) The declaration of a qualified patient diagnosed as p
8		regnant by the attending physician shall be given no force and e
9		ffect as long as in the opinion of the attending physician it i
10		s possible that the fetus could develop to the point of live b
11		irth with the continued application of death delaying p
12		rocedures. (
13		d) If the patient is able, it shall be the responsibility o
14		f the patient to provide for notification to his or her a
15		ttending physician of the existence of a declaration, to p
16		rovide the declaration to the physician and to ask the a
17		ttending physician whether he or she is willing to comply with i
18		ts provisions. An attending physician who is so notified shall m
19		ake the declaration, or copy of the declaration, a part of the p
20		atient's medical records. If the physician is at any time u
21		nwilling to comply with its provisions, the physician shall p
22		romptly so advise the declarant. If the physician is unwilling t
23		o comply with its provisions and the patient is able, it is t
24		he patient's responsibility to initiate the transfer to a
25		nother physician of the patient's choosing. If the physician i
26		s unwilling to comply with its provisions and the patient is a
27		t any time not able to initiate the transfer, then the a
28		ttending physician shall without delay notify the person with t
29		he highest priority, as set forth in this subsection, who is a
30		vailable, able, and willing to make arrangements for the t
31		ransfer of the patient and the appropriate medical records to a
32		nother physician for the effectuation of the patient's d
33		eclaration. The order of priority is as follows: (1) any p
34		erson authorized by the patient to make such arrangements, (2) a
35		guardian of the person of the patient, without the necessity o
36		f obtaining a court order to do so, and (3) any member of the p

1		atient's family. (
2		e) The declaration may, but need not, be in the following f
3		orm, and in addition may include other specific directions. S
4		hould any specific direction be determined to be invalid, such i
5		nvalidity shall not affect other directions of the declaration w
6		hich can be given effect without the invalid direction, and to t
7		his end the directions in the declaration are severable. D
8		ECLARATION T
9		his declaration is made this ............. day of .
10		............ (month, year). I, .................., being of s
11		ound mind, willfully and voluntarily make known my desires t
12		hat my moment of death shall not be artificially postponed. I
13		f at any time I should have an incurable and irreversible i
14		njury, disease, or illness judged to be a terminal condition b
15		y my attending physician who has personally examined me and h
16		as determined that my death is imminent except for death d
17		elaying procedures, I direct that such procedures which would o
18		nly prolong the dying process be withheld or withdrawn, and t
19		hat I be permitted to die naturally with only the a
20		dministration of medication, sustenance, or the performance o
21		f any medical procedure deemed necessary by my attending p
22		hysician to provide me with comfort care. I
23		n the absence of my ability to give directions regarding t
24		he use of such death delaying procedures, it is my intention t
25		hat this declaration shall be honored by my family and p
26		hysician as the final expression of my legal right to refuse m
27		edical or surgical treatment and accept the consequences from s
28		uch refusal. S
29		igned .................... C
30		ity, County and State of Residence ......................... T
31		he declarant is personally known to me and I believe him o
32		r her to be of sound mind. I saw the declarant sign the d
33		eclaration in my presence (or the declarant acknowledged in my p
34		resence that he or she had signed the declaration) and I s
35		igned the declaration as a witness in the presence of the d
36		eclarant. I did not sign the declarant's signature above for o

1		r at the direction of the declarant. At the date of this i
2		nstrument, I am not entitled to any portion of the estate of t
3		he declarant according to the laws of intestate succession or, t
4		o the best of my knowledge and belief, under any will of d
5		eclarant or other instrument taking effect at declarant's d
6		eath, or directly financially responsible for declarant's m
7		edical care. W
8		itness .................. W
9		itness .................. (
10		Source: P.A. 85-1209; revised 10-9-03.)

11		ection 545. The Health Care Surrogate Act is amended by c
12		hanging Sections 10 and 65 as follows: (
13		755 ILCS 40/10) (from Ch. 110 1/2, par. 851-10) S
14		ec. 10. Definitions. "
15		Adult" means a person who is (i) 18 years of age or older o
16		r (ii) an emancipated minor under the Emancipation of Mature M
17		inors Act. "
18		Artificial nutrition and hydration" means supplying food a
19		nd water through a conduit, such as a tube or intravenous l
20		ine, where the recipient is not required to chew or swallow v
21		oluntarily, including, but not limited to, nasogastric tubes, g
22		astrostomies, jejunostomies, and intravenous infusions. A
23		rtificial nutrition and hydration does not include assisted f
24		eeding, such as spoon or bottle feeding. "
25		Available" means that a person is not "unavailable". A p
26		erson is unavailable if (i) the person's existence is not k
27		nown, (ii) the person has not been able to be contacted by t
28		elephone or mail, or (iii) the person lacks decisional c
29		apacity, refuses to accept the office of surrogate, or is u
30		nwilling to respond in a manner that indicates a choice among t
31		he treatment matters at issue. "
32		Attending physician" means the physician selected by or a
33		ssigned to the patient who has primary responsibility for t
34		reatment and care of the patient and who is a licensed p

1		hysician in Illinois. If more than one physician shares that r
2		esponsibility, any of those physicians may act as the a
3		ttending physician under this Act. "
4		Close friend" means any person 18 years of age or older w
5		ho has exhibited special care and concern for the patient and w
6		ho presents an affidavit to the attending physician stating t
7		hat he or she (i) is a close friend of the patient, (ii) is w
8		illing and able to become involved in the patient's health c
9		are, and (iii) has maintained such regular contact with the p
10		atient as to be familiar with the patient's activities, h
11		ealth, and religious and moral beliefs. The affidavit must a
12		lso state facts and circumstances that demonstrate that f
13		amiliarity. "
14		Death" means when, according to accepted medical s
15		tandards, there is (i) an irreversible cessation of c
16		irculatory and respiratory functions or (ii) an irreversible c
17		essation of all functions of the entire brain, including the b
18		rain stem. "
19		Decisional capacity" means the ability to understand and a
20		ppreciate the nature and consequences of a decision regarding m
21		edical treatment or forgoing life-sustaining treatment and t
22		he ability to reach and communicate an informed decision in t
23		he matter as determined by the attending physician. "
24		Forgo life-sustaining treatment" means to withhold, w
25		ithdraw, or terminate all or any portion of life-sustaining t
26		reatment with knowledge that the patient's death is likely to r
27		esult. "
28		Guardian" means a court appointed guardian of the person w
29		ho serves as a representative of a minor or as a r
30		epresentative of a person under legal disability. "
31		Health care facility" means a type of health care provider c
32		ommonly known by a wide variety of titles, including but not l
33		imited to, hospitals, medical centers, nursing homes, r
34		ehabilitation centers, long term or tertiary care facilities, a
35		nd other facilities established to administer health care and p
36		rovide overnight stays in their ordinary course of business or p

1		ractice. "
2		Health care provider" means a person that is licensed, c
3		ertified, or otherwise authorized or permitted by the law of t
4		his State to administer health care in the ordinary course of b
5		usiness or practice of a profession, including, but not l
6		imited to, physicians, nurses, health care facilities, and any e
7		mployee, officer, director, agent, or person under contract w
8		ith such a person. "
9		Imminent" (as in "death is imminent") means a d
10		etermination made by the attending physician according to a
11		ccepted medical standards that death will occur in a r
12		elatively short period of time, even if life-sustaining t
13		reatment is initiated or continued. "
14		Life-sustaining treatment" means any medical treatment, p
15		rocedure, or intervention that, in the judgment of the a
16		ttending physician, when applied to a patient with a q
17		ualifying condition, would not be effective to remove the q
18		ualifying condition or would serve only to prolong the dying p
19		rocess. Those procedures can include, but are not limited to, a
20		ssisted ventilation, renal dialysis, surgical procedures, b
21		lood transfusions, and the administration of drugs, a
22		ntibiotics, and artificial nutrition and hydration. "
23		Minor" means an individual who is not an adult as defined i
24		n this Act. "
25		Parent" means a person who is the natural or adoptive m
26		other or father of the child and whose parental rights have n
27		ot been terminated by a court of law. "
28		Patient" means an adult or minor individual, unless o
29		therwise specified, under the care or treatment of a licensed p
30		hysician or other health care provider. "
31		Person" means an individual, a corporation, a business t
32		rust, a trust, a partnership, an association, a government, a g
33		overnmental subdivision or agency, or any other legal entity. "
34		Qualifying condition" means the existence of one or more o
35		f the following conditions in a patient certified in writing i
36		n the patient's medical record by the attending physician and b

1		y at least one other qualified physician: (1) "Terminal condition" means an illness or injury for w
3		hich there is no reasonable prospect of cure or recovery, d
4		eath is imminent, and the application of life-sustaining t
5		reatment would only prolong the dying process. (2) "Permanent unconsciousness" means a condition t
7		hat, to a high degree of medical certainty, (i) will last p
8		ermanently, without improvement, (ii) in which thought, s
9		ensation, purposeful action, social interaction, and a
10		wareness of self and environment are absent, and (iii) for w
11		hich initiating or continuing life-sustaining treatment, i
12		n light of the patient's medical condition, provides only m
13		inimal medical benefit. (3) "Incurable or irreversible condition" means an i
15		llness or injury (i) for which there is no reasonable p
16		rospect of cure or recovery, (ii) that ultimately will c
17		ause the patient's death even if life-sustaining t
18		reatment is initiated or continued, (iii) that imposes s
19		evere pain or otherwise imposes an inhumane burden on the p
20		atient, and (iv) for which initiating or continuing l
21		ife-sustaining treatment, in light of the patient's m
22		edical condition, provides only minimal medical benefit. T
23		he determination that a patient has a qualifying condition c
24		reates no presumption regarding the application or n
25		on-application of life-sustaining treatment. It is only after a
26		determination by the attending physician that the patient has a
27		qualifying condition that the surrogate decision maker may c
28		onsider whether or not to forgo life-sustaining treatment. In m
29		aking this decision, the surrogate shall weigh the burdens on t
30		he patient of initiating or continuing life-sustaining t
31		reatment against the benefits of that treatment. "
32		Qualified physician" means a physician licensed to p
33		ractice medicine in all of its branches in Illinois who has p
34		ersonally examined the patient. "
35		Surrogate decision maker" means an adult individual or i
36		ndividuals who (i) have decisional capacity, (ii) are a

1		vailable upon reasonable inquiry, (iii) are willing to make m
2		edical treatment decisions on behalf of a patient who lacks d
3		ecisional capacity, and (iv) are identified by the attending p
4		hysician in accordance with the provisions of this Act as the p
5		erson or persons who are to make those decisions in accordance w
6		ith the provisions of this Act. (
7		Source: P.A. 90-246, eff. 1-1-98; 90-538, eff. 12-1-97; 9
8		0-655, eff. 7-30-98; revised 10-9-03.) (
9		755 ILCS 40/65) S
10		ec. 65. Do-not-resuscitate orders. (
11		a) An individual of sound mind and having reached the age o
12		f majority or having obtained the status of an emancipated p
13		erson pursuant to the Emancipation of Mature Minors Act may e
14		xecute a document (consistent with the Department of Public H
15		ealth Uniform DNR Order Form) directing that resuscitating e
16		fforts shall not be implemented. Such an order may also be e
17		xecuted by an attending physician. (
18		b) Consent to a DNR order may be obtained from the i
19		ndividual, or from another person at the individual's d
20		irection, or from the individual's legal guardian, agent under a
21		power of attorney for health care, or surrogate decision m
22		aker, and witnessed by 2 individuals 18 years of age or older. (
23		c) The DNR order may, but need not, be in the form adopted b
24		y the Department of Public Health pursuant to Section 2310-600 o
25		f the Department of Public Health Powers and Duties Law (20 I
26		LCS 2310/2310-600). (
27		d) A health care professional or health care provider may p
28		resume, in the absence of knowledge to the contrary, that a c
29		ompleted Department of Public Health Uniform DNR Order form or a
30		copy of that form is a valid DNR order. A health care p
31		rofessional or health care provider, or an employee of a h
32		ealth care professional or health care provider, who in good f
33		aith complies with a do-not-resuscitate order made in a
34		ccordance with this Act is not, as a result of that c
35		ompliance, subject to any criminal or civil liability, except f

1		or willful and wanton misconduct, and may not be found to have c
2		ommitted an act of unprofessional conduct. (
3		Source: P.A. 92-356, eff. 10-1-01; revised 10-9-03.)

4		ection 550. The Business Corporation Act of 1983 is a
5		mended by changing Sections 15.10 and 15.95 as follows: (
6		805 ILCS 5/15.10) (from Ch. 32, par. 15.10) S
7		ec. 15.10. Fees for filing documents. The Secretary of S
8		tate shall charge and collect for: (
9		a) Filing articles of incorporation, $150. (
10		b) Filing articles of amendment, $50, unless the amendment i
11		s a restatement of the articles of incorporation, in which c
12		ase the fee shall be $150. (
13		c) Filing articles of merger or consolidation, $100, but i
14		f the merger or consolidation involves more than 2 c
15		orporations, $50 for each additional corporation. (
16		d) Filing articles of share exchange, $100. (
17		e) Filing articles of dissolution, $5. (
18		f) Filing application to reserve a corporate name, $25. (
19		g) Filing a notice of transfer of a reserved corporate n
20		ame, $25. (
21		h) Filing statement of change of address of registered o
22		ffice or change of registered agent, or both, $25. (
23		i) Filing statement of the establishment of a series of s
24		hares, $25. (
25		j) Filing an application of a foreign corporation for a
26		uthority to transact business in this State, $150. (
27		k) Filing an application of a foreign corporation for a
28		mended authority to transact business in this State, $25. (
29		l) Filing a copy of amendment to the articles of i
30		ncorporation of a foreign corporation holding authority to t
31		ransact business in this State, $50, unless the amendment is a r
32		estatement of the articles of incorporation, in which case the f
33		ee shall be $150. (
34		m) Filing a copy of articles of merger of a foreign c

1		orporation holding a certificate of authority to transact b
2		usiness in this State, $100, but if the merger involves more t
3		han 2 corporations, $50 for each additional corporation. (
4		n) Filing an application for withdrawal and final report o
5		r a copy of articles of dissolution of a foreign corporation, $
6		25. (
7		o) Filing an annual report, interim annual report, or f
8		inal transition annual report of a domestic or foreign c
9		orporation, $75. (
10		p) Filing an application for reinstatement of a domestic o
11		r a foreign corporation, $200. (
12		q) Filing an application for use of an assumed corporate n
13		ame, $150 for each year or part thereof ending in 0 or 5, $120 f
14		or each year or part thereof ending in 1 or 6, $90 for each y
15		ear or part thereof ending in 2 or 7, $60 for each year or part t
16		hereof ending in 3 or 8, $30 for each year or part thereof e
17		nding in 4 or 9, between the date of filing the application a
18		nd the date of the renewal of the assumed corporate name; and a
19		renewal fee for each assumed corporate name, $150. (
20		r) To change an assumed corporate name for the period r
21		emaining until the renewal date of the original assumed name, $
22		25. (
23		s) Filing an application for cancellation of an assumed c
24		orporate name, $5. (
25		t) Filing an application to register the corporate name of a
26		foreign corporation, $50; and an annual renewal fee for the r
27		egistered name, $50. (
28		u) Filing an application for cancellation of a registered n
29		ame of a foreign corporation, $25. (
30		v) Filing a statement of correction, $50. (
31		w) Filing a petition for refund or adjustment, $5. (
32		x) Filing a statement of election of an extended filing m
33		onth, $25. (
34		y) Filing any other statement or report, $5. (
35		Source: P.A. 92-33, eff. 7-1-01; 93-32, eff. 12-1-03; 93-59, e
36		ff. 7-1-03; revised 9-5-03.) (

1		805 ILCS 5/15.95) (from Ch. 32, par. 15.95) S
2		ec. 15.95. Department of Business Services Special O
3		perations Fund. (
4		a) A special fund in the State treasury known as the D
5		ivision of Corporations Special Operations Fund is renamed the D
6		epartment of Business Services Special Operations Fund. M
7		oneys deposited into the Fund shall, subject to appropriation, b
8		e used by the Department of Business Services of the Office of t
9		he Secretary of State, hereinafter "Department", to create and m
10		aintain the capability to perform expedited services in r
11		esponse to special requests made by the public for same day or 2
12		4 hour service. Moneys deposited into the Fund shall be used f
13		or, but not limited to, expenditures for personal services, r
14		etirement, social security, contractual services, equipment, e
15		lectronic data processing, and telecommunications. (
16		b) The balance in the Fund at the end of any fiscal year s
17		hall not exceed $600,000 and any amount in excess thereof s
18		hall be transferred to the General Revenue Fund. (
19		c) All fees payable to the Secretary of State under this S
20		ection shall be deposited into the Fund. No other fees or t
21		axes collected under this Act shall be deposited into the F
22		und. (
23		d) "Expedited services" means services rendered within t
24		he same day, or within 24 hours from the time, the request t
25		herefor is submitted by the filer, law firm, service company, o
26		r messenger physically in person or, at the Secretary of S
27		tate's discretion, by electronic means, to the Department's S
28		pringfield Office and includes requests for certified copies, p
29		hotocopies, and certificates of good standing or fact made to t
30		he Department's Springfield Office in person or by telephone, o
31		r requests for certificates of good standing or fact made in p
32		erson or by telephone to the Department's Chicago Office. (
33		e) Fees for expedited services shall be as follows: R
34		estatement of articles, $200; M
35		erger, consolidation or exchange, $200; A

1		rticles of incorporation, $100; A
2		rticles of amendment, $100; R
3		evocation of dissolution, $100; R
4		einstatement, $100; A
5		pplication for authority, $100; C
6		umulative report of changes in issued shares or paid-in c
7		apital, $100; R
8		eport following merger or consolidation, $100; C
9		ertificate of good standing or fact, $20; A
10		ll other filings, copies of documents, annual reports f
11		iled on or after January 1, 1984, and copies of documents of d
12		issolved or revoked corporations having a file number over 5
13		199, $50. (
14		f) Expedited services shall not be available for a s
15		tatement of correction, a petition for refund or adjustment, o
16		r a request involving annual reports filed before January 1, 1
17		984 or involving dissolved corporations with a file number b
18		elow 5200. (
19		Source: P.A. 92-33, eff. 7-1-01; 93-32, eff. 9-1-03; 93-59, e
20		ff. 7-1-03; revised 9-5-03.)

21		ection 555. The Limited Liability Company Act is amended b
22		y changing Sections 1-25 and 50-10 as follows: (
23		805 ILCS 180/1-25) S
24		ec. 1-25. Nature of business. A limited liability company m
25		ay be formed for any lawful purpose or business except: (1) (blank); (2) insurance unless, for the purpose of carrying on b
28		usiness as a member of a group including incorporated and i
29		ndividual unincorporated underwriters, the Director of I
30		nsurance finds that the group meets the requirements of s
31		ubsection (3) of Section 86 of the Illinois Insurance Code a
32		nd the limited liability company, if insolvent, is subject t
33		o liquidation by the Director of Insurance under Article X
34		III of the Illinois Insurance Code; (3) the practice of dentistry unless all the members a
2		nd managers are licensed as dentists under the Illinois D
3		ental Practice Act; or (4) the practice of medicine unless all the managers, i
5		f any, are licensed to practice medicine under the Medical P
6		ractice Act of 1987 and each member is either: (A) licensed to practice medicine under the M
8		edical Practice Act of 1987; or (B) a registered medical corporation or c
10		orporations organized pursuant to the Medical C
11		orporation Act; or (C) a professional corporation organized pursuant t
13		o the Professional Service Corporation Act of p
14		hysicians licensed to practice medicine in all its b
15		ranches; or (D) a limited liability company that satisfies the r
17		equirements of subparagraph (A), (B), or (C). (
18		Source: P.A. 92-144, eff. 7-24-01; 93-59, eff. 7-1-03; 93-561, e
19		ff. 1-1-04; revised 9-5-03.) (
20		805 ILCS 180/50-10) S
21		ec. 50-10. Fees. (
22		a) The Secretary of State shall charge and collect in a
23		ccordance with the provisions of this Act and rules p
24		romulgated under its authority all of the following: (1) Fees for filing documents. (2) Miscellaneous charges. (3) Fees for the sale of lists of filings and for c
28		opies of any documents. (
29		b) The Secretary of State shall charge and collect for all o
30		f the following: (1) Filing articles of organization of limited l
32		iability companies (domestic), application for admission (
33		foreign), and restated articles of organization (
34		domestic), $500. (2) Filing amendments: (A) For other than change of registered agent name o
2		r registered office, or both, $150. (B) For the purpose of changing the registered a
4		gent name or registered office, or both, $35. (3) Filing articles of dissolution or application for w
6		ithdrawal, $100. (4) Filing an application to reserve a name, $300. (5) (Blank). (6) Filing a notice of a transfer of a reserved name, $
10		100. (7) Registration of a name, $300. (8) Renewal of registration of a name, $100. (9) Filing an application for use of an assumed name u
14		nder Section 1-20 of this Act, $150 for each year or part t
15		hereof ending in 0 or 5, $120 for each year or part t
16		hereof ending in 1 or 6, $90 for each year or part thereof e
17		nding in 2 or 7, $60 for each year or part thereof ending i
18		n 3 or 8, $30 for each year or part thereof ending in 4 or 9
19		, and a renewal for each assumed name, $150. (10) Filing an application for change of an assumed n
21		ame, $100. (11) Filing an annual report of a limited liability c
23		ompany or foreign limited liability company, $250, if f
24		iled as required by this Act, plus a penalty if d
25		elinquent. (12) Filing an application for reinstatement of a l
27		imited liability company or foreign limited liability c
28		ompany $500. (13) Filing Articles of Merger, $100 plus $50 for each p
30		arty to the merger in excess of the first 2 parties. (14) Filing an Agreement of Conversion or Statement of C
32		onversion, $100. (15) Filing a statement of correction, $25. (16) Filing a petition for refund, $15. (17) Filing any other document, $100. (
36		c) The Secretary of State shall charge and collect all of t

1		he following: (1) For furnishing a copy or certified copy of any d
3		ocument, instrument, or paper relating to a limited l
4		iability company or foreign limited liability company, $1 p
5		er page, but not less than $25, and $25 for the c
6		ertificate and for affixing the seal thereto. (2) For the transfer of information by computer process m
8		edia to any purchaser, fees established by rule. (
9		Source: P.A. 92-33, eff. 7-1-01; 93-32, eff. 12-1-03; 93-59, e
10		ff. 7-1-03; revised 9-5-03.)

11		ection 560. The Consumer Fraud and Deceptive Business P
12		ractices Act is amended by setting forth and renumbering m
13		ultiple versions of Section 2MM as follows: (
14		815 ILCS 505/2MM) S
15		ec. 2MM. Verification of accuracy of credit reporting i
16		nformation used to extend consumers credit. (
17		a) A credit card issuer who mails an offer or solicitation t
18		o apply for a credit card and who receives a completed a
19		pplication in response to the offer or solicitation which l
20		ists an address that is not substantially the same as the a
21		ddress on the offer or solicitation may not issue a credit c
22		ard based on that application until reasonable steps have been t
23		aken to verify the applicant's change of address. (
24		b) Any person who uses a consumer credit report in c
25		onnection with the approval of credit based on the application f
26		or an extension of credit, and who has received notification o
27		f a police report filed with a consumer reporting agency that t
28		he applicant has been a victim of financial identity theft, as d
29		efined in Section 16G-15 of the Criminal Code of 1961, may not l
30		end money or extend credit without taking reasonable steps to v
31		erify the consumer's identity and confirm that the application f
32		or an extension of credit is not the result of financial i
33		dentity theft. (
34		c) For purposes of this Section, "extension of credit" d

1		oes not include an increase in an existing open-end credit p
2		lan, as defined in Regulation Z of the Federal Reserve System (
3		12 C.F.R. 226.2), or any change to or review of an existing c
4		redit account. (
5		d) Any person who violates subsection (a) or subsection (
6		b) commits an unlawful practice within the meaning of this A
7		ct. (
8		Source: P.A. 93-195, eff. 1-1-04.) (
9		815 ILCS 505/2NN) S
10		ec. 2NN 2MM. Receipts; credit card and debit card account n
11		umbers. (
12		a) Definitions. As used in this Section: "
13		Cardholder" has the meaning ascribed to it in Section 2.02 o
14		f the Illinois Credit Card and Debit Card Act. "
15		Credit card" has the meaning ascribed to it in Section 2
16		.03 of the Illinois Credit Card and Debit Card Act. "
17		Debit card" has the meaning ascribed to it in Section 2.15 o
18		f the Illinois Credit Card and Debit Card Act. "
19		Issuer" has the meaning ascribed to it in Section 2.08 of t
20		he Illinois Credit Card and Debit Card Act. "
21		Person" has the meaning ascribed to it in Section 2.09 of t
22		he Illinois Credit Card and Debit Card Act. "
23		Provider" means a person who furnishes money, goods, s
24		ervices, or anything else of value upon presentation, whether p
25		hysically, in writing, verbally, electronically, or o
26		therwise, of a credit card or debit card by the cardholder, or a
27		ny agent or employee of that person. (
28		b) Except as otherwise provided in this Section, no p
29		rovider may print or otherwise produce or reproduce or permit t
30		he printing or other production or reproduction of the f
31		ollowing: (i) any part of the credit card or debit card a
32		ccount number, other than the last 4 digits or other c
33		haracters, (ii) the credit card or debit card expiration date o
34		n any receipt provided or made available to the cardholder. (
35		c) This Section does not apply to a credit card or debit c

1		ard transaction in which the sole means available to the p
2		rovider of recording the credit card or debit card account n
3		umber is by handwriting or by imprint of the card. (
4		d) This Section does not apply to receipts issued for t
5		ransactions on the electronic benefits transfer card system in a
6		ccordance with 7 CFR 274.12(g)(3). (
7		e) A violation of this Section constitutes an unlawful p
8		ractice within the meaning of this Act. (
9		f) This Section is operative on January 1, 2005. (
10		Source: P.A. 93-231, eff. 1-1-04; revised 9-26-03.) (
11		815 ILCS 505/2PP) S
12		ec. 2PP 2MM. Mail; disclosure. It is an unlawful practice u
13		nder this Act to knowingly mail or send or cause to be mailed o
14		r sent a postcard or letter to a recipient in this State if: (1) the postcard or letter contains a request that the r
16		ecipient call a telephone number; and (2) the postcard or letter is mailed or sent to induce t
18		he recipient to call the telephone number so that goods, s
19		ervices, or other merchandise, as defined in Section 1, m
20		ay be offered for sale to the recipient; and (3) the postcard or letter does not disclose that g
22		oods, services, or other merchandise, as defined in S
23		ection 1, may be offered for sale if the recipient calls t
24		he telephone number. (
25		Source: P.A. 93-459, eff. 1-1-04; revised 9-26-03.)

26		ection 565. The Prevailing Wage Act is amended by changing S
27		ections 2 and 4 as follows: (
28		820 ILCS 130/2) (from Ch. 48, par. 39s-2) S
29		ec. 2. This Act applies to the wages of laborers, m
30		echanics and other workers employed in any public works, as h
31		ereinafter defined, by any public body and to anyone under c
32		ontracts for public works. A
33		s used in this Act, unless the context indicates o

1		therwise: "
2		Public works" means all fixed works constructed by any p
3		ublic body, other than work done directly by any public u
4		tility company, whether or not done under public supervision o
5		r direction, or paid for wholly or in part out of public f
6		unds. "Public works" as defined herein includes all projects f
7		inanced in whole or in part with bonds issued under the I
8		ndustrial Project Revenue Bond Act (Article 11, Division 74 of t
9		he Illinois Municipal Code), the Industrial Building Revenue B
10		ond Act, the Illinois Finance Authority Act, the Illinois S
11		ports Facilities Authority Act, or the Build Illinois Bond A
12		ct, and all projects financed in whole or in part with loans o
13		r other funds made available pursuant to the Build Illinois A
14		ct. "Public works" also includes all projects financed in w
15		hole or in part with funds from the Fund for Illinois' Future u
16		nder Section 6z-47 of the State Finance Act, funds for school c
17		onstruction under Section 5 of the General Obligation Bond A
18		ct, funds authorized under Section 3 of the School C
19		onstruction Bond Act, funds for school infrastructure under S
20		ection 6z-45 of the State Finance Act, and funds for t
21		ransportation purposes under Section 4 of the General O
22		bligation Bond Act. "Public works" also includes all projects f
23		inanced in whole or in part with funds from the Department of C
24		ommerce and Economic Opportunity Community Affairs under the I
25		llinois Renewable Fuels Development Program Act for which t
26		here is no project labor agreement. "
27		Construction" means all work on public works involving l
28		aborers, workers or mechanics. "
29		Locality" means the county where the physical work upon p
30		ublic works is performed, except (1) that if there is not a
31		vailable in the county a sufficient number of competent s
32		killed laborers, workers and mechanics to construct the public w
33		orks efficiently and properly, "locality" includes any other c
34		ounty nearest the one in which the work or construction is to b
35		e performed and from which such persons may be obtained in s
36		ufficient numbers to perform the work and (2) that, with r

1		espect to contracts for highway work with the Department of T
2		ransportation of this State, "locality" may at the discretion o
3		f the Secretary of the Department of Transportation be c
4		onstrued to include two or more adjacent counties from which w
5		orkers may be accessible for work on such construction. "
6		Public body" means the State or any officer, board or c
7		ommission of the State or any political subdivision or d
8		epartment thereof, or any institution supported in whole or in p
9		art by public funds, and includes every county, city, town, v
10		illage, township, school district, irrigation, utility, r
11		eclamation improvement or other district and every other p
12		olitical subdivision, district or municipality of the state w
13		hether such political subdivision, municipality or district o
14		perates under a special charter or not. T
15		he terms "general prevailing rate of hourly wages", "
16		general prevailing rate of wages" or "prevailing rate of w
17		ages" when used in this Act mean the hourly cash wages plus f
18		ringe benefits for training and apprenticeship programs a
19		pproved by the U.S. Department of Labor, Bureau of A
20		pprenticeship and Training, health and welfare, insurance, v
21		acations and pensions paid generally, in the locality in which t
22		he work is being performed, to employees engaged in work of a s
23		imilar character on public works. (
24		Source: P.A. 92-16, eff. 6-28-01; 93-15, eff. 6-11-03; 93-16, e
25		ff. 1-1-04; 93-205, eff. 1-1-04; revised 1-12-04.) (
26		820 ILCS 130/4) (from Ch. 48, par. 39s-4) (
27		Text of Section before amendment by P.A. 93-38) S
28		ec. 4. The public body awarding any contract for public w
29		ork or otherwise undertaking any public works, shall ascertain t
30		he general prevailing rate of hourly wages in the locality in w
31		hich the work is to be performed, for each craft or type of w
32		orker or mechanic needed to execute the contract, and where t
33		he public body performs the work without letting a contract t
34		herefor, shall ascertain the prevailing rate of wages on a per h
35		our basis in the locality, and such public body shall specify i

1		n the resolution or ordinance and in the call for bids for the c
2		ontract, that the general prevailing rate of wages in the l
3		ocality for each craft or type of worker or mechanic needed to e
4		xecute the contract or perform such work, also the general p
5		revailing rate for legal holiday and overtime work, as a
6		scertained by the public body or by the Department of Labor s
7		hall be paid for each craft or type of worker needed to e
8		xecute the contract or to perform such work, and it shall be m
9		andatory upon the contractor to whom the contract is awarded a
10		nd upon any subcontractor under him, and where the public body p
11		erforms the work, upon the public body, to pay not less than t
12		he specified rates to all laborers, workers and mechanics e
13		mployed by them in the execution of the contract or such work; p
14		rovided, however, that if the public body desires that the D
15		epartment of Labor ascertain the prevailing rate of wages, it s
16		hall notify the Department of Labor to ascertain the general p
17		revailing rate of hourly wages for work under contract, or for w
18		ork performed by a public body without letting a contract as r
19		equired in the locality in which the work is to be performed, f
20		or each craft or type of worker or mechanic needed to execute t
21		he contract or project or work to be performed. Upon such n
22		otification the Department of Labor shall ascertain such g
23		eneral prevailing rate of wages, and certify the prevailing w
24		age to such public body. The public body awarding the contract s
25		hall cause to be inserted in the contract a stipulation to the e
26		ffect that not less than the prevailing rate of wages as found b
27		y the public body or Department of Labor or determined by the c
28		ourt on review shall be paid to all laborers, workers and m
29		echanics performing work under the contract. It shall also r
30		equire in all such contractor's bonds that the contractor i
31		nclude such provision as will guarantee the faithful p
32		erformance of such prevailing wage clause as provided by c
33		ontract. All bid specifications shall list the specified rates t
34		o all laborers, workers and mechanics in the locality for each c
35		raft or type of worker or mechanic needed to execute the c
36		ontract. If the Department of Labor revises the prevailing r

1		ate of hourly wages to be paid by the public body, the revised r
2		ate shall apply to such contract, and the public body shall be r
3		esponsible to notify the contractor and each subcontractor, of t
4		he revised rate. Two or more investigatory hearings under this S
5		ection on the issue of establishing a new prevailing wage c
6		lassification for a particular craft or type of worker shall b
7		e consolidated in a single hearing before the Department. Such c
8		onsolidation shall occur whether each separate investigatory h
9		earing is conducted by a public body or the Department. The p
10		arty requesting a consolidated investigatory hearing shall h
11		ave the burden of establishing that there is no existing p
12		revailing wage classification for the particular craft or type o
13		f worker in any of the localities under consideration. I
14		t shall be mandatory upon the contractor or construction m
15		anager to whom a contract for public works is awarded to post, a
16		t a location on the project site of the public works that is e
17		asily accessible to the workers engaged on the project, the p
18		revailing wage rates for each craft or type of worker or m
19		echanic needed to execute the contract or project or work to b
20		e performed. A failure to post a prevailing wage rate as r
21		equired by this Section is a violation of this Act. (
22		Source: P.A. 92-783, eff. 8-6-02; 93-15, eff. 6-11-03; 93-16, e
23		ff. 1-1-04.) (
24		Text of Section after amendment by P.A. 93-38) S
25		ec. 4. (a) The public body awarding any contract for p
26		ublic work or otherwise undertaking any public works, shall a
27		scertain the general prevailing rate of hourly wages in the l
28		ocality in which the work is to be performed, for each craft o
29		r type of worker or mechanic needed to execute the contract, a
30		nd where the public body performs the work without letting a c
31		ontract therefor, shall ascertain the prevailing rate of wages o
32		n a per hour basis in the locality, and such public body shall s
33		pecify in the resolution or ordinance and in the call for bids f
34		or the contract, that the general prevailing rate of wages in t
35		he locality for each craft or type of worker or mechanic n

1		eeded to execute the contract or perform such work, also the g
2		eneral prevailing rate for legal holiday and overtime work, as a
3		scertained by the public body or by the Department of Labor s
4		hall be paid for each craft or type of worker needed to e
5		xecute the contract or to perform such work, and it shall be m
6		andatory upon the contractor to whom the contract is awarded a
7		nd upon any subcontractor under him, and where the public body p
8		erforms the work, upon the public body, to pay not less than t
9		he specified rates to all laborers, workers and mechanics e
10		mployed by them in the execution of the contract or such work; p
11		rovided, however, that if the public body desires that the D
12		epartment of Labor ascertain the prevailing rate of wages, it s
13		hall notify the Department of Labor to ascertain the general p
14		revailing rate of hourly wages for work under contract, or for w
15		ork performed by a public body without letting a contract as r
16		equired in the locality in which the work is to be performed, f
17		or each craft or type of worker or mechanic needed to execute t
18		he contract or project or work to be performed. Upon such n
19		otification the Department of Labor shall ascertain such g
20		eneral prevailing rate of wages, and certify the prevailing w
21		age to such public body. The public body awarding the contract s
22		hall cause to be inserted in the project specifications and t
23		he contract a stipulation to the effect that not less than the p
24		revailing rate of wages as found by the public body or D
25		epartment of Labor or determined by the court on review shall b
26		e paid to all laborers, workers and mechanics performing work u
27		nder the contract. (
28		b) It shall also be mandatory upon the contractor to whom t
29		he contract is awarded to insert into each subcontract and i
30		nto the project specifications for each subcontract a written s
31		tipulation to the effect that not less than the prevailing r
32		ate of wages shall be paid to all laborers, workers, and m
33		echanics performing work under the contract. It shall also be m
34		andatory upon each subcontractor to cause to be inserted into e
35		ach lower tiered subcontract and into the project s
36		pecifications for each lower tiered subcontract a stipulation t

1		o the effect that not less than the prevailing rate of wages s
2		hall be paid to all laborers, workers, and mechanics p
3		erforming work under the contract. A contractor or s
4		ubcontractor who fails to comply with this subsection (b) is i
5		n violation of this Act. (
6		c) It shall also require in all such contractor's bonds t
7		hat the contractor include such provision as will guarantee t
8		he faithful performance of such prevailing wage clause as p
9		rovided by contract. All bid specifications shall list the s
10		pecified rates to all laborers, workers and mechanics in the l
11		ocality for each craft or type of worker or mechanic needed to e
12		xecute the contract. (
13		d) If the Department of Labor revises the prevailing rate o
14		f hourly wages to be paid by the public body, the revised rate s
15		hall apply to such contract, and the public body shall be r
16		esponsible to notify the contractor and each subcontractor, of t
17		he revised rate. (
18		e) Two or more investigatory hearings under this Section o
19		n the issue of establishing a new prevailing wage c
20		lassification for a particular craft or type of worker shall b
21		e consolidated in a single hearing before the Department. Such c
22		onsolidation shall occur whether each separate investigatory h
23		earing is conducted by a public body or the Department. The p
24		arty requesting a consolidated investigatory hearing shall h
25		ave the burden of establishing that there is no existing p
26		revailing wage classification for the particular craft or type o
27		f worker in any of the localities under consideration. (f) It shall be mandatory upon the contractor or c
29		onstruction manager to whom a contract for public works is a
30		warded to post, at a location on the project site of the p
31		ublic works that is easily accessible to the workers engaged o
32		n the project, the prevailing wage rates for each craft or t
33		ype of worker or mechanic needed to execute the contract or p
34		roject or work to be performed. A failure to post a prevailing w
35		age rate as required by this Section is a violation of this A
36		ct. (

1		Source: P.A. 92-783, eff. 8-6-02; 93-15, eff. 6-11-03; 93-16, e
2		ff. 1-1-04; 93-38, eff. 6-1-04; revised 7-28-03.)

3		ection 995. No acceleration or delay. Where this Act makes c
4		hanges in a statute that is represented in this Act by text t
5		hat is not yet or no longer in effect (for example, a Section r
6		epresented by multiple versions), the use of that text does n
7		ot accelerate or delay the taking effect of (i) the changes m
8		ade by this Act or (ii) provisions derived from any other P
9		ublic Act.

10		ection 996. No revival or extension. This Act does not r
11		evive or extend any Section or Act otherwise repealed.

ection 999. Effective date. This Act takes effect upon b ecoming law.